Bill
Bill > A09008
NY A09008
NY A09008Relates to securing payment of wages for work already performed; creates a lien remedy for all employees; provides grounds for attachment; relates to procedures where employees may hold shareholders of non-publicly traded corporations personally liable for wage theft; relates to rights for victims of wage theft to hold the ten members with the largest ownership interests in a company personally liable for wage theft.
summary
Introduced
01/10/2020
01/10/2020
In Committee
07/14/2020
07/14/2020
Crossed Over
Passed
Dead
12/31/2020
12/31/2020
Introduced Session
2019-2020 General Assembly
Bill Summary
AN ACT to amend the lien law, in relation to employee liens; to amend the labor law, in relation to employee complaints; to amend the civil practice law and rules, in relation to grounds for attachment; to amend the business corporation law, in relation to streamlining procedures where employees may hold shareholders of non-publicly traded corporations personally liable for wage theft; and to amend the limited liability company law, in relation to creating a right for victims of wage theft to hold the ten members with the largest ownership interests in a company personally liable for wage theft
AI Summary
This bill amends several laws to provide new lien remedies and procedures for employees to recover unpaid wages. Specifically, it:
- Creates an "employee's lien" that allows employees to file a lien on their employer's real and personal property for unpaid wages, including liquidated damages.
- Expands the grounds for attachment to include wage claims and allows for expedited hearings on wage-based attachment motions.
- Provides rights for employees to access company records to investigate potential wage theft.
- Establishes personal liability for the 10 largest shareholders of non-publicly traded corporations and the 10 largest members of limited liability companies for unpaid employee wages.
- Extends the time period for employees to file liens and enforcement actions related to unpaid wages.
- Allows the Department of Labor and Attorney General to obtain employee's liens on behalf of investigated employees.
- Requires notification to employees on the status and outcome of wage enforcement actions brought on their behalf.
The procedures and rights created in this bill may be used by employees for claims that arose prior to the effective date.
Committee Categories
Housing and Urban Affairs, Justice
Sponsors (10)
Linda Rosenthal (D)*,
Jeffrion Aubry (D),
William Colton (D),
Richard Gottfried (D),
Walter Mosley (D),
Félix Ortiz (D),
Karines Reyes (D),
Nader Sayegh (D),
Jo Anne Simon (D),
Al Taylor (D),
Last Action
Assembly Codes Committee Hearing (09:00 7/17/2020 The committee meeting will be broadcast on the NYS Assembly webs) (on 07/17/2020)
Official Document
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