Bill Text: NY A02864 | 2009-2010 | General Assembly | Introduced


Bill Title: An act to amend the labor law, in relation to authorizing certain employers of manual workers to pay wages less frequently than weekly

Spectrum: Partisan Bill (Republican 3-0)

Status: (Introduced - Dead) 2010-05-25 - held for consideration in labor [A02864 Detail]

Download: New_York-2009-A02864-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2864
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 21, 2009
                                      ___________
       Introduced by M. of A. KOLB -- Multi-Sponsored by -- M. of A. RABBITT --
         read once and referred to the Committee on Labor
       AN  ACT  to  amend  the  labor  law,  in relation to authorizing certain
         employers of manual workers to pay wages less frequently than weekly
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  The opening paragraph of subparagraph (ii) of paragraph a
    2  of subdivision 1 of section 191 of the labor law, as amended by  chapter
    3  168 of the laws of 1993, is amended to read as follows:
    4    The  commissioner  may  authorize  an employer [which has in the three
    5  years preceding the application employed an average of one  thousand  or
    6  more persons in this state or has for one year preceding the application
    7  employed  an  average  of one thousand or more persons in this state and
    8  has for three years preceding the application  employed  an  average  of
    9  three thousand or more persons outside the state] to pay less frequently
   10  than  weekly  but  not less frequently than semi-monthly if the employer
   11  furnishes satisfactory proof to the commissioner of its continuing abil-
   12  ity to meet its payroll responsibilities. In making  this  determination
   13  the commissioner shall consider the following: (A) the employer's histo-
   14  ry  meeting its payroll responsibilities in New York state or if no such
   15  history in New York state is available, other financial information,  as
   16  requested  by  the  commissioner,  which will assist the commissioner in
   17  determining the likelihood of the employer's continuing ability to  meet
   18  payroll responsibilities; (B) proof of the employer's coverage for work-
   19  ers'  compensation and disability; (C) proof that there are no outstand-
   20  ing warrants of the department of taxation and finance or the department
   21  [of labor] against the employer for  failure  to  remit  state  personal
   22  income tax withholdings or unemployment insurance contributions; and (D)
   23  proof  that  the  employer  has a computerized record keeping system for
   24  payroll which, at a minimum, specifies hours worked, rate of pay,  gross
   25  wages,  deductions  and date of pay for each employee. If the employers'
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03757-01-9
       A. 2864                             2
    1  manual workers are represented by a labor organization, the commissioner
    2  shall not grant an employer's application for authorization  under  this
    3  subparagraph unless that labor organization consents thereto.
    4    S 2. This act shall take effect immediately.
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