New York A 4994: Provides grounds for attachment and relates to procedures where employees may hold shareholders of non-publicly traded corporations personally liable for wage theft

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A04994 Summary:

BILL NOA04994 

&nbsp

SAME ASSAME AS S04611

&nbsp

SPONSORRosenthal

&nbsp

COSPNSRBronson, Simon, Epstein, De Los Santos, Reyes, Dinowitz, Tapia, Santabarbara, Mamdani, Mitaynes,
 Shrestha, Valdez, Levenberg

&nbsp

MLTSPNSR

&nbsp

Amd §§6201, 6210 & 6211, R6212, CPLR; amd §§624 & 630, BC L; amd §§609 & 1102, Lim Lil L; amd §§218 & 219,
Lab L

&nbsp

Provides grounds for attachment; relates to procedures where employees may hold shareholders of non-publicly traded corporations personally liable for wage theft; relates to rights for victims of wage theft to hold the ten members with the largest ownership interests in a company personally liable for wage theft; relates to penalties for certain wage violations.

Go to top A04994 Actions:

BILL NOA04994 

&nbsp

02/10/2025referred to judiciary

01/07/2026referred to judiciary

Go to topA04994 Committee&nbspVotes:

Go to topA04994 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA04994 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 4994

 2025-2026 Regular Sessions

 IN ASSEMBLY

 February 10, 2025
 ___________

 Introduced by M. of A. ROSENTHAL, BRONSON, SIMON, EPSTEIN,
 DE LOS SANTOS, REYES, DINOWITZ, TAPIA, SANTABARBARA, MAMDANI,
 MITAYNES, SHRESTHA -- read once and referred to the Committee on Judi-
 ciary

 AN ACT to amend the civil practice law and rules, in relation to grounds
 for attachment; to amend the business corporation law, in relation to
 streamlining procedures where employees may hold shareholders of non-
 publicly traded corporations personally liable for wage theft; to
 amend the limited liability company law, in relation to creating a
 right for victims of wage theft to hold the ten members with the larg-
 est ownership interests in a company personally liable for wage theft;
 and to amend the labor law, in relation to penalties for certain wage
 violations

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Subdivision 5 of section 6201 of the civil practice law and
 2 rules, as amended by chapter 860 of the laws of 1977 and as renumbered
 3 by chapter 618 of the laws of 1992, is amended and a new subdivision 6
 4 is added to read as follows:
 5 5. the cause of action is based on a judgment, decree or order of a
 6 court of the United States or of any other court which is entitled to
 7 full faith and credit in this state, or on a judgment which qualifies
 8 for recognition under the provisions of article 53[.] of this chapter;
 9 or
 10 6. the cause of action is based on wage claims. "Wage claims," when
 11 used in this chapter, shall include any claims of violations of articles
 12 five, six, and nineteen of the labor law, section two hundred fifteen of
 13 the labor law, and the related regulations or wage orders promulgated by
 14 the commissioner of labor, including but not limited to any claims of
 15 unpaid, minimum, overtime, and spread-of-hours pay, unlawfully retained
 16 gratuities, unlawful deductions from wages, unpaid commissions, unpaid

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD09050-01-5

 A. 4994 2

 1 benefits and wage supplements, and retaliation, and any claims pursuant
 2 to 18 U.S.C. § 1595, 29 U.S.C. § 201 et seq., and/or employment contract
 3 as well as the concomitant liquidated damages and penalties authorized
 4 pursuant to the labor law, the Fair Labor Standards Act, or any employ-
 5 ment contract.
 6 § 2. Section 6210 of the civil practice law and rules, as added by
 7 chapter 860 of the laws of 1977, is amended to read as follows:
 8 § 6210. Order of attachment on notice; temporary restraining order;
 9 contents. Upon a motion on notice for an order of attachment, the court
 10 may, without notice to the defendant, grant a temporary restraining
 11 order prohibiting the transfer of assets by a garnishee as provided in
 12 subdivision (b) of section 6214. When attachment is sought pursuant to
 13 subdivision six of section 6201, and if the employer contests the
 14 motion, the court shall hold a hearing within ten days of when the
 15 employer's response to plaintiffs' motion for att