New York S 2081: Relates to the definition of qualified reservation

Bill Text

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S02081 Summary:

BILL NOS02081 

&nbsp

SAME ASNo Same As

&nbsp

SPONSORCOONEY

&nbsp

COSPNSR

&nbsp

MLTSPNSR

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Amd §§191 & 198, Lab L

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Removes the requirement that an employer has employed an average of one thousand or more persons in the past three years in order to pay less frequently than weekly, but not less frequently than semi-monthly; provides for damages for violations where the employer paid the employee wages on a regular payday, no less frequently than semi-monthly.

Go to top S02081 Actions:

BILL NOS02081 

&nbsp

01/15/2025REFERRED TO LABOR

01/07/2026REFERRED TO LABOR

Go to topS02081 Committee&nbspVotes:

Go to topS02081 Floor&nbspVotes:

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

Go to topS02081 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 2081

 2025-2026 Regular Sessions

 IN SENATE

 January 15, 2025
 ___________

 Introduced by Sen. COONEY -- 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 payments, costs and
 damages

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

 1 Section 1. Subparagraph (ii) of paragraph a of subdivision 1 of
 2 section 191 of the labor law, as amended by chapter 38 of the laws of
 3 1989 and the opening paragraph as amended by chapter 168 of the laws of
 4 1993, is amended to read as follows:
 5 (ii) The commissioner may authorize an employer [which has in the
 6 three years preceding the application employed an average of one thou-
 7 sand or more persons in this state or has for one year preceding the
 8 application employed an average of one thousand or more persons in this
 9 state and has for three years preceding the application employed an
 10 average of three thousand or more persons outside the state] to pay less
 11 frequently than weekly but not less frequently than semi-monthly if the
 12 employer furnishes satisfactory proof to the commissioner of its contin-
 13 uing ability to meet its payroll responsibilities. In making this deter-
 14 mination the commissioner shall consider the following: (A) the employ-
 15 er's history meeting its payroll responsibilities in New York state or
 16 if no such history in New York state is available, other financial
 17 information, as requested by the commissioner, which will assist the
 18 commissioner in determining the likelihood of the employer's continuing
 19 ability to meet payroll responsibilities; (B) proof of the employer's
 20 coverage for workers' compensation and disability; (C) proof that there
 21 are no outstanding warrants of the department of taxation and finance or
 22 the department of labor against the employer for failure to remit state
 23 personal income tax withholdings or unemployment insurance contrib-
 24 utions; and (D) proof that the employer has a computerized record keep-
 25 ing system for payroll which, at a minimum, specifies hours worked, rate

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD03614-01-5

 S. 2081 2

 1 of pay, gross wages, deductions and date of pay for each employee. If
 2 the employers' manual workers are represented by a labor organization,
 3 the commissioner shall not grant an employer's application for authori-
 4 zation under this subparagraph unless that labor organization consents
 5 thereto.
 6 § 2. Subdivision 1-a of section 198 of the labor law, as amended by
 7 chapter 362 of the laws of 2015, is amended to read as follows:
 8 1-a. On behalf of any employee paid less than the wage to which [he or
 9 she] such employee is entitled under the provisions of this article, the
 10 commissioner may bring any legal action necessary, including administra-
 11 tive action, to collect such claim and as part of such legal action, in
 12 addition to any other remedies and penalties otherwise available under
 13 this article, the commissioner shall assess against the employer the
 14 full amount of any such underpayment, and an additional amount as liqui-
 15 dated damages, unless the employer proves a good faith basis for believ-
 16 ing that its underpayment of wages was in compliance with the law.
 17 Liquidated