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Who cares
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Sponsors
No co-sponsors yet.
History
- Referred to labor
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
Title of bill
An act to amend the labor law, in relation to enhancing the authority of the commissioner of labor to recover unpaid wages
Purpose of the bill
The purpose of this bill is to grant the Division of Labor Standards the same authority as the Unemployment Insurance Division to impose a levy on real or personal property for unpaid wage orders for which all proceedings for administrative or judicial review have been exhausted and a judgment has been filed.
Summary of provisions
Section 1 of the bill would amend subdivision 3 of section 219 of the Labor Law to provide the Commissioner of Labor ("Commissioner") the ability to issue executions on real or personal property for collection of labor standards judgments for unpaid wages, wage supplements, interest thereon, and liquidated damages.
Section 2 of the bill would amend subdivision 3 of section 218 of the Labor Law to provide the Commissioner the ability to issue executions on real or personal property for collection of labor standards judgments for civil penalties.
Section 3 of the bill provides that the bill would become effective immediately.
Justification
As a last resort, the Department of Labor ("Department") enters judgments against employers who fail to comply and make restitution to workers for unpaid wages. These employers have ignored the Department's investigation findings, have failed to make good on a payment agreement, and/or ignored a decision of the Industrial Board of Appeals.
Workers who are owed wages routinely express frustration at seeing an employer continue to operate or open a new business, while they have not received their earned wages. As cases are investigated more timely, the Department has an opportunity to locate debtors and increase collections in furtherance of the Wage Theft Prevention Act's intentions.
The Department will increase its collection rate if granted the authority to issue executions to confiscate real and personal property to satisfy final judgments for unpaid wages, wage supplements, interest thereon, liquidated damages and/or civil penalties.
Legislative history
This is a new bill.
Fiscal implications
None.
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.