New York S 1734: Relates to benefits and supplemental wages

Bill Text

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S01734 Summary:

BILL NOS01734 

&nbsp

SAME ASNo Same As

&nbsp

SPONSORFAHY

&nbsp

COSPNSR

&nbsp

MLTSPNSR

&nbsp

Amd §198-c, Lab L

&nbsp

Prohibits agreements to pay or provide benefits or wage supplements from including a provision specifying that an employee with accrued, unused vacation pay will not be compensated for such vacation pay upon termination; provides for a minimum of two weeks of wages upon termination to employees who receive granted time.

Go to top S01734 Actions:

BILL NOS01734 

&nbsp

01/13/2025REFERRED TO LABOR

01/07/2026REFERRED TO LABOR

Go to topS01734 Committee&nbspVotes:

Go to topS01734 Floor&nbspVotes:

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

Go to topS01734 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 1734

 2025-2026 Regular Sessions

 IN SENATE

 January 13, 2025
 ___________

 Introduced by Sen. FAHY -- 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 benefits and supplemental
 wages

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

 1 Section 1. Section 198-c of the labor law, as amended by chapter 328
 2 of the laws of 1972 and subdivision 3 as amended by chapter 433 of the
 3 laws of 2023, is amended to read as follows:
 4 § 198-c. Benefits or wage supplements. 1. In addition to any other
 5 penalty or punishment otherwise prescribed by law, any employer who is
 6 party to an agreement to pay or provide benefits or wage supplements to
 7 employees or to a third party or fund for the benefit of employees and
 8 who fails, neglects or refuses to pay the amount or amounts necessary to
 9 provide such benefits or furnish such supplements within thirty days
 10 after such payments are required to be made, shall be guilty of a misde-
 11 meanor, and upon conviction shall be punished as provided in section one
 12 hundred ninety-eight-a of this article. Where such employer is a corpo-
 13 ration, the president, secretary, treasurer or officers exercising
 14 corresponding functions shall each be guilty of a misdemeanor.
 15 2. As used in this section, the [term] following terms shall have the
 16 following meanings:
 17 (a) "[benefits] Benefits or wage supplements" includes, but is not
 18 limited to, reimbursement for expenses; health, welfare and retirement
 19 benefits; and vacation, separation or holiday pay.
 20 (b) "Granted time" shall mean benefits or wage supplements granted to
 21 an employee on a per-request basis and not accrued.
 22 3. [This section shall not apply to any person in a bona fide execu-
 23 tive, administrative, or professional capacity whose earnings are in
 24 excess of one thousand three hundred dollars a week.] (a) No agreement
 25 to pay or provide benefits or wage supplements shall include a provision

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD04809-01-5

 S. 1734 2

 1 specifying that an employee will not be compensated for accrued, unused
 2 vacation pay upon the termination of such agreement. Any such provision
 3 shall be considered severable, and all other provisions of such agree-
 4 ment shall remain in effect and given full force.
 5 (b) Any employer who is party to an agreement to pay or provide bene-
 6 fits or wage supplements to an employee through granted time shall pay
 7 such employee a minimum of the equivalent of two weeks' wages upon the
 8 termination of such agreement.
 9 (c) The provisions of this subdivision shall not apply to agreements
 10 negotiated with any labor union through collective bargaining.
 11 § 2. This act shall take effect on the one hundred eightieth day after
 12 it shall have become a law.

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