What's happening
This bill amends labor law to include bonuses as wages and makes all known wages non-forfeitable for employees.
Why it matters
Expanding the definition of "wages" to include bonuses gives employees stronger legal protections for receiving promised or earned bonuses. , reducing the risk that employers can withhold bonus payments by claiming they are discretionary or separate from regular pay.
The bill clarifies that once a wage (including bonuses) is calculable or declared, it cannot be forfeited by the employee for any reason. , ensuring employees have a guaranteed legal right to receive all compensation they have earned, even if they leave or are terminated.
By making bonuses non-forfeitable and subject to the same legal protections as regular wages, the bill increases employer accountability and may reduce wage theft or disputes over incentive pay. , potentially leading to fairer workplace practices and more predictable income for workers.
Employers may need to review and potentially adjust their payroll policies and bonus structures to comply with the new requirements. , as ambiguity regarding bonus eligibility or calculation can now expose them to legal claims under wage law.
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Who cares
Headline styles
Count Bonuses as Wages
Plain English, a few words. Used as the page title.
Sponsors
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History
- Referred to labor
- Referred to labor
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2500
2017-2018 Regular Sessions
IN ASSEMBLY
January 20, 2017
Introduced by M. of A. STECK -- read once and referred to the Committee on Labor
AN ACT to amend the labor law, in relation to including bonus compensation in the definition of wages and forfeit of wages
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 1 of section 190 of the labor law, as amended by chapter 328 of the laws of 1972, is amended and a new subdivision 10 is added to read as follows:
1. "Wages" means the earnings of an employee for labor or services rendered, regardless of whether the amount of earnings is determined on a time, piece, commission, bonus, or other basis. The term "wages" also includes benefits or wage supplements as defined in section one hundred ninety-eight-c of this article, except for the purposes of sections one hundred ninety-one and one hundred ninety-two of this article.
10. "Bonus" constitutes wages as defined in subdivision one of this section, regardless of the source of revenue, when (a) the formula under which a bonus is determined is certain and all the data utilized in calculating the amount of a bonus under the formula is available to the employer or (b) when the amount of a bonus has been declared by the employer.
§ 2. The labor law is amended by adding a new section 193-a to read as follows:
§ 193-a. Wages non-forfeitable. All wages covered under this article shall be non-forfeitable once the amount of the wage is known or can with reasonable certainty be known.
§ 3. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07654-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.