Bill Text: NY A09033 | 2023-2024 | General Assembly | Introduced
Bill Title: Provides that the commissioner of labor shall notify the chairman of the state liquor authority of certain violations of the labor law relating to wages and hours of labor; provides that the chairman of the state liquor authority shall suspend certain liquor licenses of such employers in violation of such provisions.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-02-05 - referred to labor [A09033 Detail]
Download: New_York-2023-A09033-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 9033 IN ASSEMBLY February 5, 2024 ___________ Introduced by M. of A. EPSTEIN -- read once and referred to the Commit- tee on Labor AN ACT to amend the labor law and the alcoholic beverage control law, in relation to suspending certain liquor licenses 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 authorized repre- 14 sentative. Such order shall direct payment of wages or supplements found 15 to be due, liquidated damages in the amount of one hundred percent of 16 unpaid wages, and interest at the rate of interest then in effect as 17 prescribed by the superintendent of financial services pursuant to 18 section fourteen-a of the banking law per annum from the date of the 19 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- 24 sioner shall provide written notice to the employer in the order to 25 comply of this additional damage. 26 (b)(i) If the commissioner determines the employer is in violation of 27 article six (payment of wages), article nineteen (minimum wage act), EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD10412-02-4A. 9033 2 1 article nineteen-A (minimum wage standards and protective labor prac- 2 tices for farm workers), section two hundred twelve-a, section two 3 hundred twelve-b, section one hundred sixty-one or section one hundred 4 sixty-two of this chapter, or a rule or regulation promulgated there- 5 under, and such aggregate amount exceeds one thousand dollars, the 6 commissioner shall notify the employer of such violation, in writing, 7 and such employer shall have fifteen days to address all violations. If 8 the employer does not address all violations within the allotted 9 fifteen-day period, the commissioner shall notify the chair of the state 10 liquor authority, in writing, of the name and address of any employer 11 holding a license pursuant to section sixty-four of the alcoholic bever- 12 age control law authorizing the sale of liquor at retail for consumption 13 on the premises to suspend such license. 14 (ii) The chairman of the state liquor authority shall act in accord- 15 ance with sections one hundred eighteen and one hundred nineteen of the 16 alcoholic beverage control law; provided, however, that the chairman 17 shall not reinstate a license suspended pursuant to subparagraph (i) of 18 this paragraph until the chair receives written notice from the commis- 19 sioner that the employer whose license was suspended is in compliance 20 with article six (payment of wages), article nineteen (minimum wage 21 act), article nineteen-A (minimum wage standards and protective labor 22 practices for farm workers), section two hundred twelve-a, section two 23 hundred twelve-b, section one hundred sixty-one or section one hundred 24 sixty-two of this chapter, and any rule or regulation promulgated there- 25 under. 26 § 2. Section 119 of the alcoholic beverage control law is amended by 27 adding a new subdivision 6 to read as follows: 28 6. Where a licensee is found to be in violation of article six 29 (payment of wages), article nineteen (minimum wage act), article nine- 30 teen-A (minimum wage standards and protective labor practices for farm 31 workers), section two hundred twelve-a, section two hundred twelve-b, 32 section one hundred sixty-one or section one hundred sixty-two of the 33 labor law, or any rule or regulation promulgated thereunder, and such 34 aggregate amount exceeds one thousand dollars, as determined by the 35 department of labor and the chair of the authority is notified of such 36 violations, the authority shall suspend such license in accordance with 37 this section and the provisions of subdivision one of section two 38 hundred nineteen of the labor law. 39 § 3. This act shall take effect immediately.
