New York A 3123: Provides that the commissioner of labor shall notify the commissioner of taxation and finance of certain violations of the labor law

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A03123 Summary:

BILL NOA03123 

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SAME ASSAME AS S00169

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SPONSORRosenthal

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COSPNSR

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MLTSPNSR

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Amd §219, Lab L; amd §1134, Tax L

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Provides that the commissioner of labor shall notify the commissioner of taxation and finance of certain violations of the labor law relating to wages and hours of labor; provides that the commissioner of taxation and finance shall suspend certain certificates of authority of such employers in violation of such provisions.

Go to top A03123 Actions:

BILL NOA03123 

&nbsp

01/23/2025referred to labor

01/07/2026referred to labor

Go to topA03123 Committee&nbspVotes:

Go to topA03123 Floor&nbspVotes:

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

Go to topA03123 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 3123

 2025-2026 Regular Sessions

 IN ASSEMBLY

 January 23, 2025
 ___________

 Introduced by M. of A. ROSENTHAL -- read once and referred to the
 Committee on Labor

 AN ACT to amend the labor law and the tax law, in relation to suspending
 certain certificates of authority of employers who are in violation of
 certain provisions of the labor law

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

 1 Section 1. Subdivision 1 of section 219 of the labor law, as amended
 2 by chapter 564 of the laws of 2010, the opening paragraph as further
 3 amended by section 104 of part A of chapter 62 of the laws of 2011, is
 4 amended to read as follows:
 5 1. (a) (i) If the commissioner determines that an employer has failed
 6 to pay wages, benefits or wage supplements required pursuant to article
 7 six (payment of wages), article nineteen (minimum wage act) or article
 8 nineteen-A (minimum wage standards and protective labor practices for
 9 farm workers) of this chapter, or a rule or regulation promulgated ther-
 10 eunder, the commissioner shall issue to the employer an order directing
 11 compliance therewith, which shall describe particularly the nature of
 12 the alleged violation. A copy of such order shall be provided to any
 13 employee who has filed a complaint and to [his or her] such employee's
 14 authorized representative. Such order shall direct payment of wages or
 15 supplements found to be due, liquidated damages in the amount of one
 16 hundred percent of unpaid wages, and interest at the rate of interest
 17 then in effect as prescribed by the superintendent of financial services
 18 pursuant to section fourteen-a of the banking law per annum from the
 19 date of the underpayment to the date of the payment.
 20 (ii) At the discretion of the commissioner, the commissioner shall
 21 have full authority to provide for inclusion of an automatic fifteen
 22 percent additional amount of damages to come due and owing upon expira-
 23 tion of ninety days from an order to comply becoming final. The commis-

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD00699-01-5

 A. 3123 2

 1 sioner shall provide written notice to the employer in the order to
 2 comply of this additional damage.
 3 (b)(i) If the commissioner determines the employer is in violation of
 4 article six (payment of wages), article nineteen (minimum wage act),
 5 article nineteen-A (minimum wage standards and protective labor prac-
 6 tices for farm workers), section two hundred twelve-a, section two
 7 hundred twelve-b, section one hundred sixty-one or section one hundred
 8 sixty-two of this chapter, or a rule or regulation promulgated there-
 9 under, and such aggregate amount exceeds one thousand dollars, the
 10 commissioner shall notify the employer of such violation, in writing,
 11 and such employer shall have fifteen days to address all violations. If
 12 the employer does not address all violations within the allotted
 13 fifteen-day period, the commissioner shall notify the commissioner of
 14 taxation and finance, in writing, of the name and address of any employ-
 15 er holding a certificate of authority pursuant to section eleven hundred
 16 thirty-four of the tax law to suspend such certificate.
 17 (ii) The commissioner of taxation and finance shall not reinstate a
 18 license suspended pursuant to subparagraph (i) of