Assembly Labor Committee Concludes 2002 Session Plans Active 2003 Legislative
The Assembly's Labor Committee recently concluded a successful 2002 legislative session in
which they met sixteen times, participated in six public hearings and roundtables and worked for
the enactment of new labor laws to protect the working men and women of our state.
Plans are underway for an active 2003 legislative session focusing on occupational safety and
health issues, as well as worker education and retraining, among other things.
The Assembly Labor Committee welcomes a new committee clerk, Nisha Thomas. She joins
returning staff, Geri Reilly, Committee Counsel, Bernard Bryan, Legislative Coordinator, Anne Baumann
Weiss, Committee Director and Glen Casey, Committee Analyst. As always, they can be reached at
"I am pleased that the Labor Committee, with the support of Speaker Sheldon Silver, was able to
accomplish so much during the 2002 legislative session," said Assemblywoman Catherine Nolan,
Chairwoman of the Labor Committee. "Numerous new laws that the Committee worked on will
add to our states' worker protection and safety record. I am especially pleased that after much
debate, discussion and even a veto, that the Nurse Whistleblower Protection Act was finally signed
into law. Much remains to be done, however, and I look forward to working with all of you to face the
many challenges that lie ahead, including increasing the minimum wage and addressing unemployment
insurance issues," said Nolan.
The following is a list of legislation enacted and vetoed from the 2002 legislative session. For
further information on these or other bills, please do not hesitate to contact Geri Reilly, Committee
Counsel and Labor Liaison at (518) 455-4851.
- A. 169 (Christensen) - This bill increases the civil penalty for failing to pay wages or
differential in rate of pay because of gender. This bill also increases the penalty from fifty to five
hundred dollars for each violation. Signed into Law, Chapter 427.
- A. 2329 (Ortiz) - This bill authorizes the Commissioner of Labor to prepare and
distribute notice of the rights of employees to each and every apparel and garment manufacturer or
contractor known to the Department of Labor. Such notice shall be posted in the workplace of
each manufacturer in English, Spanish, Chinese and Korean. Signed into Law,
- A. 6167 (Nolan) - This bill excludes licensed insurance agents and brokers
from liability for unemployment insurance and workers' compensation provisions under certain
circumstances by recognizing insurance agents and brokers as independent contractors for
purposes of unemployment insurance and workers' compensation.
Signed into Law, Chapter 574.
- A. 9002 (Nolan) - This bill includes services rendered by fellow, resident and
intern physicians within the definition of employment for purposes of unemployment insurance.
Signed into Law, Chapter 576.
- A. 9454 (Nolan) - This bill enacts provisions prohibiting retaliatory personnel
actions by certain health care employers against health care employees who provide certain
information to a governmental agency or department. Signed into Law, Chapter 24.
- A. 9699 (Magee) - The bill makes workers who derive more than five
percent of their wages from piece work eligible for the shared work program. Signed into Law,
- A. 9707 (Nolan) - This bill imposes liability on employers for discharging or
discriminating against employees for displaying the American Flag on their person or their
workstation. Violators will be required to pay a fine and be liable to the employee for damages;
including reasonable attorney's fees and lost compensation.
Signed into Law, Chapter 511.
- A. 10129-B (Tonko) - This bill enacts the New York Professional Employer
Act; requiring professional employer organizations operating in New York State to be registered
with the Department of Labor. Signed into Law, Chapter 565.
- A. 10632-C (Tocci) - This bill relates to the presumption of certain diseases,
such as blood-borne diseases including, but not limited to hepatitis C, contracted by state or local
correction officers during the course of their employment. Signed into Law, Chapter 239.
- A. 11022 (Nolan) - This bill makes technical amendments to the standards for
plumbing materials and establishes an exception of such standards for a city with a population of
one million or more. Signed into Law, Chapter 170.
- A. 11041 (Nolan) - This bill defines limited liability companies as "employers"
for purposes of provisions of law pertaining to the payment of wages and the minimum wage. Signed
into Law, Chapter 281.
- A.11045 (Nolan) - This bill requires that employer charges for unemployment
insurance benefits paid to claimants whose last employment was by an educational institution,
the federal government, or an out of state employer shall be charged to the general account. The
bill also eliminates the provision prohibiting the Department of Labor from considering the duration
of offered employment in determining the eligibility of a claimant for unemployment benefits.
Signed into Law, Chapter 282.
- A. 11250 (Nolan) - This bill relates to the maintenance of payroll records
and penalties for violations. It also establishes a first offense fine of not less than $500 or more
than $20,000 or imprisonment for not more than one year. Signed into Law, Chapter 241.
- A. 11251-A (Nolan) - This bill allows affected employees to recover from
performance bonds on public work projects against the contractor, the subcontractor, or the
issuer of such bond, within one year of the date of the filing of an order by the Commissioner
of Labor or other fiscal officer determining a wage or supplement underpayment.
Signed into Law, Chapter 242.
- A. 11306 (Nolan) - This bill requires municipalities to provide notice and
to amend its rule before reclassifying laborers, workmen or mechanics. This bill also
requires municipalities to provide all pertinent information, by mail, to parties affected
by such reclassification, including the collective bargaining limit representing affected
workers. Vetoed by the Governor, veto memo #9.
- A. 11307 (Nolan) - This bill makes domestic partners of persons dying,
without surviving spouses, as a result of the terrorist attacks of September 11, 2001
eligible for workers' compensation death benefits, including funeral expenses, otherwise
due to a surviving spouse. Signed into Law, Chapter 467.
- A. 11401 (Nolan) - This bill relates to the contracts for public work by
requiring contracts entered into by a third person acting on behalf of a public entity pursuant to
any lease, permit or other agreement between such third party and the public entity to contain a
stipulation that certain workers shall not be permitted or required to work more than eight
hours in any one calendar day or more than five days in any one week except in certain
cases. Passed both houses, delivered to the Governor.
- A. 11582 (Nolan) - This bill authorizes an employee organization to have
the same standing to enforce the provisions of public work contracts against a contractor
or any subcontractor as the officer, department, board or commission in charge of such
public work contract if any of the organizations' members were employed on such public
work projects. Passed both houses, delivered to the Governor.
- A. 11784-A (Nolan) - This bill prohibits the use of state funds and facilities
to assist, promote or deter union organizing. Signed into Law, Chapter 601.
- A. 11822 (Nolan) - This bill provides that moneys in the public works
enforcement fund shall be used for training and labor costs to ensure that staffing levels
are maintained for fiscal year 2002-2003. The bill further requires that where the construction
cost of a public work exceeds one million dollars, that the department of jurisdiction shall
certify that the project will be audited from time to time by the Department of Labor to
ensure compliance. This bill was vetoed by the Governor, veto memo #42.