What's happening
This bill allows employers to recover from employees the cost of traffic light camera fines incurred while driving employer-owned vehicles.
Why it matters
Shifts financial responsibility for red light camera fines from employers to the individual employee. when the employee is identified as the driver, potentially increasing personal accountability for traffic violations on the job.
Establishes procedural safeguards for employees. , requiring employers to provide advance notice before deducting fines from wages and to offer a process for employees to dispute the amount or delay repayment—helping to prevent arbitrary or unfair deductions.
Mandates state regulations to govern how fines are recovered. , including limits on how much can be deducted at one time and how often, which may help protect employees from undue financial hardship due to employer recoupment practices.
Could affect workplace dynamics and policies regarding the use of employer vehicles,. possibly leading to stricter oversight, changes in company driving policies, or increased training on traffic laws for employees who drive as part of their job.
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Who cares
Headline styles
Make Employees Pay Red Light Fines
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to labor
- Referred to labor
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1147
2017-2018 Regular Sessions
IN SENATE
January 6, 2017
Introduced by Sen. MARCELLINO -- read twice and ordered printed, and when printed to be committed to the Committee on Labor
AN ACT to amend the labor law, in relation to allowing an employer to recover from an employee the cost of the payment of a fine for a violation recorded by a traffic-control signal photo violation-monitoring device
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 1 of section 193 of the labor law, as amended by chapter 451 of the laws of 2012, is amended by adding a new paragraph e to read as follows:
e. are related to the recovery of the cost of a payment of a fine for which the employer of such employee, as the owner of a vehicle, is liable, pursuant to article twenty-four of the vehicle and traffic law, for failure to comply with a traffic control signal as recorded by a traffic-control signal photo violation-monitoring device, and the driver of the vehicle at the time such violation was recorded was such employee. In making such recovery, the employer shall comply with regulations promulgated by the commissioner for this purpose, which regulations shall include, but not be limited to, provisions governing: the timing, frequency, duration, and method of such recovery; limitations on the periodic amount of such recovery; a requirement that notice be provided to the employee prior to the commencement of such recovery; a requirement that the employer implement a procedure for disputing the amount of such fine or seeking to delay commencement of such recovery; the terms and content of such a procedure and a requirement that notice of the procedure for disputing the amount of such fine or seeking to delay commencement of such recovery be provided to the employee prior to the commencement of such recovery.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05974-01-7
S. 1147 2
§ 2. Subdivision 1 of section 193 of the labor law, as added by chapter 548 of the laws of 1966, is amended by adding a new paragraph c to read as follows:
c. are related to the recovery of the cost of a payment of a fine for which the employer of such employee, as the owner of a vehicle, is liable, pursuant to article twenty-four of the vehicle and traffic law, for failure to comply with a traffic control signal as recorded by a traffic-control signal photo violation-monitoring device, and the driver of the vehicle at the time such violation was recorded was such employee. In making such recovery, the employer shall comply with regulations promulgated by the commissioner for this purpose, which regulations shall include, but not be limited to, provisions governing: the timing, frequency, duration, and method of such recovery; limitations on the periodic amount of such recovery; a requirement that notice be provided to the employee prior to the commencement of such recovery; a requirement that the employer implement a procedure for disputing the amount of such fine or seeking to delay commencement of such recovery; the terms and content of such a procedure and a requirement that notice of the procedure for disputing the amount of such fine or seeking to delay commencement of such recovery be provided to the employee prior to the commencement of such recovery.
§ 3. This act shall take effect on the sixtieth day after it shall have become a law, provided that:
1. the amendments to subdivision 1 of section 193 of the labor law made by section one of this act shall be subject to the expiration and reversion of such subdivision pursuant to section 3 of chapter 451 of the laws of 2012, as amended, when upon such date the provisions of section two of this act shall take effect; and
2. effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date is authorized to be made and completed on or before such date.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the labor law, in relation to allowing an employer to recover from an employee the cost of the payment of a fine for a violation recorded by a traffic-control signal photo violation-monitoring device
Purpose
This legislation will allow an employer to recover from an employee the cost of the payment of a fine for a violation recorded by a traffic-control signal photo violation-monitoring device.
Summary of provisions
Amends subdivision 1 of section 193 of the labor law, as amended by Chapter 451 of 2012 and Chapter 548 of 1966 to recover from an employee the cost of the payment of a fine for a violation recorded by a traffic-control signal photo violation-monitoring device.
Justification
As red light cameras become more common, business owners are faced with an unintentional negative financial impact. A business owner who own and operates a fleet of vehicles is being forced to cover the cost of tickets issues to employees in the official company vehicles. While the tickets are valid, the company should not have to bear the burden for the unsafe actions of the driver. Had a ticket been issued by an officer, the operator would be issued the ticket, not the employer.
This legislation seeks to address this problem by allowing an employer the option to recover from an employee the cost of the payment of a fine for a violation recorded by a traffic-control signal photo violation-monitoring device.
Legislative history
S.418 of 2015/16.
Fiscal implications
None.
Effective date
This act shall take effect on the sixtieth day after it shall have become a law provided that: 1. The amendments to subdivision 1 of section 193 of the labor made by section one of this act shall be subject to the expiration and reversion of such subdivision pursuant to section 3 of chapter 451 of the laws of 2012, as amended, when upon such date the provisions of section two of this act shall take effect; and effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date is authorized to be made and completed on or before such date.
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