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A05348 Summary:

COSPNSRSantabarbara, De Los Santos, Reyes
Amd §§190, 195, 198-b & 198-c, Lab L
Amends provisions relating to payment of wages to include compensation that is not payable solely at the employer's discretion; requires certain notices; expands enforcement provisions.
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A05348 Text:

                STATE OF NEW YORK
                               2023-2024 Regular Sessions
                   IN ASSEMBLY
                                      March 7, 2023
        Introduced  by M. of A. SIMON -- read once and referred to the Committee
          on Labor
        AN ACT to amend the labor law, in relation to payment of wages
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  This  act  shall  be  known and may be cited as the "wage
     2  payment integrity act".
     3    § 2. Subdivision 1 of section 190 of the  labor  law,  as  amended  by
     4  chapter 328 of the laws of 1972, is amended to read as follows:
     5    1.  "Wages"  means  the  earnings of an employee for labor or services
     6  rendered, regardless of whether the amount of earnings is determined  on
     7  a time, piece, commission or other basis. The term "wages" also includes
     8  any  employment  compensation that is not payable at the employer's sole
     9  and absolute discretion and benefits or wage supplements as  defined  in
    10  section  one  hundred  ninety-eight-c  of  this  article, except for the
    11  purposes of sections one hundred ninety-one and one  hundred  ninety-two
    12  of  this article.   For a bonus or other form of employment compensation
    13  to be excluded from "wages", the employer must notify the employee in  a
    14  clear,  prominent,  timely  and uncontradicted fashion that the employer
    15  has sole and absolute discretion to decide whether or not to pay it.
    16    § 3. Subdivision 2 of section 195 of the  labor  law,  as  amended  by
    17  chapter 564 of the laws of 2010, is amended to read as follows:
    18    2. notify his or her employees in writing of any changes to the infor-
    19  mation  set  forth  in  subdivision  one of this section, at least seven
    20  calendar days prior to the time of such changes, unless such changes are
    21  reflected on the wage statement furnished in accordance with subdivision
    22  three of this section. The failure of an employer to produce the written
    23  terms of employment as required under this subdivision  and  subdivision
    24  one  of  this  section, upon request of the commissioner or an employee,
    25  shall give rise to a presumption that the terms of employment  that  the
    26  employee has presented are the agreed terms of employment;
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 5348                             2
     1    §  4.  Subdivision  5  of  section 198-b of the labor law, as added by
     2  chapter 1031 of the laws of 1965 and as renumbered by chapter 390 of the
     3  laws of 1967, is amended to read as follows:
     4    5.  A  violation  of the provisions of this section shall constitute a
     5  misdemeanor. Persons violating the provisions of this  section  are  not
     6  exempt  from  civil  liability  under  subdivisions  one-a  and three of
     7  section one hundred ninety-eight of this article.
     8    § 5. Subdivision 3 of section 198-c of the labor law,  as  amended  by
     9  chapter 304 of the laws of 2007, is amended to read as follows:
    10    3.  [This] The criminal penalties prescribed by this section shall not
    11  apply to any person in a bona fide executive, administrative, or profes-
    12  sional capacity whose earnings are in excess of nine hundred  dollars  a
    13  week.
    14    § 6. This act shall take effect immediately.
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