New York S 2131: Relates to securing payment of wages for work already performed; creates an employee lien

Bill Text

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S02131 Summary:

BILL NOS02131 

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SAME ASSAME AS A00166

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SPONSORRAMOS

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COSPNSRBAILEY, BRISPORT, BROUK, CLEARE, COMRIE, FERNANDEZ, GIANARIS, GONZALEZ, GOUNARDES, HARCKHAM,
 HOYLMAN-SIGAL, JACKSON, KRUEGER, LIU, MAY, MYRIE, RIVERA, SALAZAR, SANDERS, SEPULVEDA, STAVISKY

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MLTSPNSR

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Amd Lien L, generally; amd §§199-a & 663, Lab L; amd §§6201, 6210 & 6211, R6212, CPLR; amd §§624 & 630, BC L;
amd §§609 & 1102, Lim Lil L

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Relates to securing payment of wages for work already performed; creates a lien remedy for all employees; 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.

Go to top S02131 Actions:

BILL NOS02131 

&nbsp

01/15/2025REFERRED TO JUDICIARY

01/07/2026REFERRED TO JUDICIARY

Go to topS02131 Committee&nbspVotes:

Go to topS02131 Floor&nbspVotes:

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

Go to topS02131 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 2131

 2025-2026 Regular Sessions

 IN SENATE

 January 15, 2025
 ___________

 Introduced by Sens. RAMOS, BAILEY, BRISPORT, BROUK, CLEARE, COMRIE,
 FERNANDEZ, GIANARIS, GONZALEZ, GOUNARDES, HARCKHAM, HOYLMAN-SIGAL,
 JACKSON, KRUEGER, LIU, MAY, MYRIE, RIVERA, SALAZAR, SANDERS, SEPULVE-
 DA, STAVISKY -- read twice and ordered printed, and when printed to be
 committed to the Committee on Judiciary

 AN ACT to amend the lien law, in relation to employee liens; to amend
 the labor law, in relation to employee complaints; to amend the civil
 practice law and rules, in relation to grounds for attachment; to
 amend the business corporation law, in relation to streamlining proce-
 dures where employees may hold shareholders of non-publicly traded
 corporations personally liable for wage theft; and to amend the limit-
 ed liability company law, in relation to creating a right for victims
 of wage theft to hold the ten members with the largest ownership
 interests in a company personally liable for wage theft

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

 1 Section 1. Section 2 of the lien law is amended by adding three new
 2 subdivisions 21, 22 and 23 to read as follows:
 3 21. Employee. The term "employee", when used in this chapter, shall
 4 have the same meaning as "employee" pursuant to articles one, six, nine-
 5 teen and nineteen-A of the labor law, as applicable, or the Fair Labor
 6 Standards Act, 29 U.S.C. § 201 et. seq., as applicable.
 7 22. Employer. The term "employer", when used in this chapter, shall
 8 have the same meaning as "employer" pursuant to articles one, six, nine-
 9 teen and nineteen-A of the labor law, as applicable, or the Fair Labor
 10 Standards Act, 29 U.S.C. § 201 et. seq., as applicable, except that the
 11 term "employer" shall not include a governmental agency.
 12 23. Wage claim. The term "wage claim", when used in this chapter,
 13 means a claim that an employee has suffered a violation of section one
 14 hundred seventy, one hundred ninety-three, one hundred ninety-six-d, six
 15 hundred fifty-two or six hundred seventy-three of the labor law or the

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD00763-01-5

 S. 2131 2

 1 related regulations and wage orders promulgated by the commissioner, a
 2 claim for wages due to an employee pursuant to an employment contract
 3 that were unpaid in violation of that contract, or a claim that an
 4 employee has suffered a violation of 29 U.S.C. § 206 or 207.
 5 § 2. Section 3 of the lien law, as amended by chapter 137 of the laws
 6 of 1985, is amended to read as follows:
 7 § 3. Mechanic's lien and employee's lien on [real] property. 1.
 8 Mechanic's lien. A contractor, subcontractor, laborer, materialman,
 9 landscape gardener, nurseryman or person or corporation selling fruit or
 10 ornamental trees, roses, shrubbery, vines and small fruits, who performs
 11 labor or furnishes materials for the improvement of re