Relates to the definition of employer for purposes of wage payment provisions; includes municipal corporations, public benefit corporations and public authorities in the definition of "employer".
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7097B
SPONSOR: Bichotte Hermelyn TITLE OF BILL:
An act to amend the labor law, in relation to including public employers
in wage payment provisions
PURPOSE OR GENERAL IDEA OF BILL:
The bill provides a remedy for employees who are not paid by their
public employer.
SUMMARY OF SPECIFIC PROVISIONS:
The bill amends Subdivision 3 of section 190 of the labor law.
JUSTIFICATION:
Currently public employees are forced to resort to grievance arbi-
tration, which may take place over an inordinate length of time and
cost, in order to recover unpaid earned wages. This is particularly.
problematic for non-union employees. There are no consequences for a
public employer failing to pay wages, such as a school district retain-
ing compensation for extracurricular activities to teachers or for
contingent workers. Adding public employers to existing law will serve
as deterrent to employers withholding funds and provide a safety net for
compensation.
PRIOR LEGISLATIVE HISTORY:
01/03/24 referred to labor
01/23/23 referred to labor
2021-22: A06829; Referred to Labor
2019-20: A3284; referred to labor
2017-18: A802; Referred to Labor
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
Takes effect immediately.
STATE OF NEW YORK
________________________________________________________________________
7097--B
2025-2026 Regular Sessions
IN ASSEMBLY
March 20, 2025
___________
Introduced by M. of A. BICHOTTE HERMELYN -- read once and referred to
the Committee on Labor -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee -- again
reported from said committee with amendments, ordered reprinted as
amended and recommitted to said committee
AN ACT to amend the labor law, in relation to including public employers
in wage payment provisions
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 3 of section 190 of the labor law, as amended
2 by chapter 281 of the laws of 2002, is amended to read as follows:
3 3. "Employer" includes any person, corporation, including a municipal
4 corporation or public benefit corporation, public authority, limited
5 liability company, or association employing any individual in any occu-
6 pation, industry, trade, business or service. The term "employer" shall
7 not include a state governmental agency.
8 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10569-04-5
