Bill Text: NY A08653 | 2019-2020 | General Assembly | Introduced


Bill Title: Relates to the liability of payroll processing companies; provides that payroll processing companies that intentionally prevent the distribution of payroll shall be liable to employees that failed to receive an expected payment for an amount up to three times the expected amount; and provides an action to recover damages may be maintained as a class action.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-01-08 - referred to judiciary [A08653 Detail]

Download: New_York-2019-A08653-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          8653

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                     October 2, 2019
                                       ___________

        Introduced  by  M. of A. FAHY -- read once and referred to the Committee
          on Judiciary

        AN ACT to amend the general obligations law, in relation to the  liabil-
          ity of payroll processing companies

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

     1    Section 1. The general obligations law is  amended  by  adding  a  new
     2  section 11-108 to read as follows:
     3    § 11-108. Liability  of  payroll processing company.   Notwithstanding
     4  any other provision of law to the contrary, any person under contract to
     5  an employer to distribute  the  employer's  payroll  that  intentionally
     6  prevents  the distribution of such payroll pursuant to the contract with
     7  the employer shall be liable to an employee of the employer that  failed
     8  to  receive  an  expected  payment  for  an amount up to three times the
     9  expected payment.  Liability under this section is in  addition  to  any
    10  other  applicable  penalties  and causes of action. An action to recover
    11  damages under this section may be maintained as a class action, notwith-
    12  standing subdivision b of section nine hundred one of the civil practice
    13  law and rules.
    14    § 2. This act shall take effect immediately.




         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13797-01-9
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