Bill Text: NY A07270 | 2019-2020 | General Assembly | Introduced


Bill Title: Prohibits agreements to pay or provide benefits or wage supplements from including a provision specifying that an employee with accrued, unused vacation pay will not be compensated for such vacation pay upon termination and provides for a minimum of two weeks of wages upon termination to employees who receive granted time.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-01-08 - referred to labor [A07270 Detail]

Download: New_York-2019-A07270-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          7270
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                     April 18, 2019
                                       ___________
        Introduced  by  M. of A. FAHY -- read once and referred to the Committee
          on Labor
        AN ACT to amend the labor law, in relation to benefits and  supplemental
          wages
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Section 198-c of the labor law, as amended by  chapter  328
     2  of  the  laws of 1972 and subdivision 3 as amended by chapter 304 of the
     3  laws of 2007, is amended to read as follows:
     4    § 198-c. Benefits or wage supplements. 1. In  addition  to  any  other
     5  penalty  or  punishment otherwise prescribed by law, any employer who is
     6  party to an agreement to pay or provide benefits or wage supplements  to
     7  employees  or  to a third party or fund for the benefit of employees and
     8  who fails, neglects or refuses to pay the amount or amounts necessary to
     9  provide such benefits or furnish such  supplements  within  thirty  days
    10  after such payments are required to be made, shall be guilty of a misde-
    11  meanor, and upon conviction shall be punished as provided in section one
    12  hundred  ninety-eight-a of this article. Where such employer is a corpo-
    13  ration, the  president,  secretary,  treasurer  or  officers  exercising
    14  corresponding functions shall each be guilty of a misdemeanor.
    15    2.  As used in this section, the [term] following terms shall have the
    16  following meanings:
    17    (a) "[benefits] Benefits or wage supplements"  includes,  but  is  not
    18  limited  to,  reimbursement for expenses; health, welfare and retirement
    19  benefits; and vacation, separation or holiday pay.
    20    (b) "Granted time" shall mean benefits or wage supplements granted  to
    21  an employee on a per-request basis and not accrued.
    22    3.  [This  section shall not apply to any person in a bona fide execu-
    23  tive, administrative, or professional capacity  whose  earnings  are  in
    24  excess  of  nine  hundred  dollars  a  week.] (a) No agreement to pay or
    25  provide benefits or wage supplements shall include a provision  specify-
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09702-02-9

        A. 7270                             2
     1  ing  that  an employee will not be compensated for accrued, unused vaca-
     2  tion pay upon the termination of such agreement.    Any  such  provision
     3  shall  be  considered severable, and all other provisions of such agree-
     4  ment shall remain in effect and given full force.
     5    (b)  Any employer who is party to an agreement to pay or provide bene-
     6  fits or wage supplements to an employee through granted time  shall  pay
     7  such  employee  a minimum of the equivalent of two weeks' wages upon the
     8  termination of such agreement.
     9    (c) The provisions of this subdivision shall not apply  to  agreements
    10  negotiated with any labor union through collective bargaining.
    11    § 2. This act shall take effect on the one hundred eightieth day after
    12  it shall have become a law.
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