Bill Text: NY A07038 | 2019-2020 | General Assembly | Introduced


Bill Title: Makes provisions with respect to the direct payment or deposit of wages in a bank or other financial institution; provides that employers are not authorized to select or mandate a specific bank or other financial institution for purposes of making deposits for employees.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2020-01-08 - referred to labor [A07038 Detail]

Download: New_York-2019-A07038-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          7038
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                      April 3, 2019
                                       ___________
        Introduced by M. of A. FINCH -- Multi-Sponsored by -- M. of A. GIGLIO --
          read once and referred to the Committee on Labor
        AN  ACT to amend the labor law, in relation to the direct pay or deposit
          of wages in a bank or other financial institution
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section 1.  Section 192 of the labor law, as amended by chapter 301 of
     2  the  laws  of 1974, subdivision 1 as added by chapter 475 of the laws of
     3  1981 and as renumbered by chapter 170 of the laws of 1994, subdivision 2
     4  as amended by chapter 304 of the laws of 2007, is  amended  to  read  as
     5  follows:
     6    §  192. Cash payment of wages.  1. [No] An employer [shall without the
     7  advance written consent of any employee] may directly pay or deposit the
     8  net wage or salary of [such] an employee in a bank  or  other  financial
     9  institution.
    10    2. This section shall not apply to any person [employed in a bona fide
    11  executive,  administrative,  or professional capacity whose earnings are
    12  in excess of nine hundred dollars a week, nor to employees] working on a
    13  farm not connected with a factory or employed by  a  small  business  as
    14  defined in section one hundred two of the state administrative procedure
    15  act.
    16    3.  No provision of this section shall authorize an employer to select
    17  or mandate a specific  bank  or  other  financial  institution  for  the
    18  purposes of making direct deposits on behalf of employees.
    19    4.  No  employer,  who has a duty to bargain, shall make such deposits
    20  for employees covered by a collective bargaining unit until an agreement
    21  authorizing such deposits has been ratified by such collective  bargain-
    22  ing unit.
    23    §  2.   This act shall take effect on the ninetieth day after it shall
    24  have become a law.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05511-01-9
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