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Sponsors
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History
- Print number 3496a
- Amend and recommit to judiciary
- Referred to judiciary
- Referred to judiciary
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Relates to actions brought by employees for unpaid wages; and creates the employee wage safety fund
In Assembly Committee · Ways And Means · Sponsor Brian Kavanagh
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
Title of bill
An act to amend the civil practice law and rules, in relation to money judgments in satisfaction of actions brought by employees for unpaid or underpaid wages; to amend the state finance law, in relation to creating the employee wage safety fund; and to require dissemination of certain information by the division of labor standards
Purpose or general idea of bill
In cases of money judgments in satisfaction of actions brought by employees for unpaid or underpaid wages, the judgment debtor shall be required to pay an amount equal to ten percent of such judgment into the "employee wage safety fund". These funds shall be available to make full or partial payments on judgments for unpaid or underpaid wages where such judgments remain unsatisfied for a period of time to be determined by the commissioner of labor.
The commissioner of taxation and finance will be directed to implement procedures to provide for the payment or partial payment of income taxes due on judgments for unpaid or underpaid wages at the time that the division of labor standards distributes an award to an eligible employee. The division of labor standards will provide people with assistance in obtaining tax ID numbers and translation of tax information if needed.
Summary of specific provisions
The civil practice law and rules is amended by adding a new section 5020-b: This bill will amend the civil practice law and rules, in relation to money judgments in satisfaction of actions brought by employees for unpaid or underpaid wages; the state finance law is amended by adding a new section 99-y in relation to creating the employee wage safety fund; and to require dissemination of certain information by the division of labor standards.
Justification
Employees who file a complaint for unpaid and underpaid wages with the division of labor standards will be provided either a social security number or, in case of noncitizen or undocumented immigrant, his or her tax identification number. Each applicant will be advised of his or her duty to report his or her income to the department of taxation and finance and shall provide him or her with an 1-1099 tax form. Instructions and assistance, will be available to all applicants completing such forms, including but not limited to, translation of such instructions for non-English speaking individuals or those with limited English proficiency.
Prior legislative history
This legislation was previously introduced.
Fiscal implications
None to the state.
Effective date
This act shall take effect immediately and shall apply to taxable years beginning on and after January 1, 2018.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.