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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9033
SPONSOR: Epstein TITLE OF BILL:
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
PURPOSE:
Amends the labor and the alcoholic beverages control law to suspend
certain liquor licenses of employers violating certain provisions of the
labor law.
SUMMARY OF PROVISIONS:
Section 1. Amends the opening paragraph of Subdivision 1 of Section 219
of the labor law stating that if the commissioner determines that an
employer has not paid required wages, benefits, or wage supplements, the
commissioner shall issue the employer an order of compliance addressing
the violation. This order of compliance shall result in payment of
outstanding wage, or the commissioner shall notify the State Liquor
Authority of such violation.
Section 2. Amends Section 119 of the alcoholic beverage control law to
suspend licenses that violate worker protection legislation, exceeding
an aggregate amount of one thousand dollars, as determined by the
Department of Labor.
Section 3. This act shall take effect immediately
JUSTIFICATION:
Every year in New York State, thousands of workers have their wages
stolen, very predominately from the restaurant industry. From 2017
through 2021, Federal and State investigators found more than 13,000
cases of wage theft, according to an analysis of two databases obtained
from the U.S. and New York Labor departments. The databases provide
previously unreported details on how much money has been stolen from
workers and also shed light on which businesses have committed wage
theft. In all, federal and state investigators determined during the
five-year period that more than $203 million in wages had been stolen
from about 127,000 workers in New York, the analysis shows.
Federal and State investigators determined that more than $52 million
had been stolen from people working in restaurants, more than in any
other industry in New York, accounting for more than 25% of all reported
wage theft, the analysis shows. This bill is needed to act as a preven-
tative measure and increase the likelihood that victims of wage theft
will be able to secure payment of wages due from their employers.
FISCAL IMPACT:
TBD
EFFECTIVE DATE:
This act shall take effect immediately.
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.
LBD10412-02-4
A. 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.
