Relates to enforcement of wage payment laws

1 Co-sponsor

• Kevin S. Parker

BILL NUMBER:S8210

Title of bill

An act to amend the labor law, in relation to the payment of wages

Purpose or general idea of bill

Redefines a number of terms in the labor law and requires that employers provide more documentation to employees about their status, and provides protections to employees who have experienced violations of labor statues.

Summary of specific provision

Section 1. The subdivision 2 and 3 of section 190 of the labor law, are amended and two new subdivisions 10 and 11 are added to read as follows:

Subdivision 2. Defines employee

Subdivision 3. Defines employer

Subdivision 10. Defines independent contractor

Subdivision 11. Defines liquidated damages

Section 2. Section 198-a of the labor law is amended by adding a new subdivision 4 to read as follows:

Subdivision 4. Each week an employee is not paid appropriately shall constitute a separate violation

Section 3. Section 195 of the labor law is amended by adding a new subdivision 7 to read as follows:

Subdivision 7. Employees will be provided with a statement showing hours the employee worked, wages earned, and deductions made for the pay period.

Section 4. Subdivision 1-a of section 198 of the labor law, as amended by chapter 372 of the laws of2009 to read as follows:

Subdivision 1-a. Amended to include as defined in section one hundred ninety of this article

Section 5. The labor law is amended by adding a new section 191-d to read as follows:

Section 191-d. Private rights to action of misclassified employees

Section 6. Subdivision 2 of section 196 of the labor law is amended

Subdivision 2. Commissioner may hold hearings to investigate violations

Subdivision 3. Commissioner may enter place of employment to investigate records and facts.

Section 7. The labor law is amended by adding the new section 196-b to read as follows:

Section 196-b. Retaliation in any form against employees is prohibited.

Section 8. Subdivision 1 of section 198-a of the labor law, is amended to read as follows:

Subdivision 1. Mandates that the top ten shareholders of the company are responsible for damages

Section 9. The labor law is amended by adding a new section 191-e to read as follows:

Section 191-e. Defines the actions that can be taken by private attorneys.

Justification

Undocumented workers often are employed in dangerous and undesirable jobs when compared to their legally working counterparts. In 2006 the New York State Appellate Court upheld that applying state wage laws fully against employers for all employees including undocumented workers was necessary because to bar recovery of lost wages by an undocumented workers would lessen employers potential liability to its undocumented workers. The opportunity for weak employment rights for undocumented workers make it more attractive for the employer to pay lower wages and not maintain safe working conditions. This legislation would also give undocumented workers the same status as documented workers by providing equal protection under the law.

Prior legislative history

None.

Fiscal implications

None.

Effective date

This act shall take effect immediately.