Bill Text: NY A06506 | 2011-2012 | General Assembly | Introduced

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Bill Title: Authorizes employers to apply to commissioner of labor for exemption from requirement of paying workers weekly if such employers satisfy certain criteria; removes language which would require employers to pay workers weekly if the employer has employed less than one thousand persons in this state.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2012-06-06 - held for consideration in labor [A06506 Detail]

Download: New_York-2011-A06506-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6506
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                    March 21, 2011
                                      ___________
       Introduced  by M. of A. KOLB -- Multi-Sponsored by -- M. of A. JORDAN --
         read once and referred to the Committee on Labor
       AN ACT to amend the  labor  law,  in  relation  to  authorizing  certain
         employers of manual workers to pay wages less frequently than weekly
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The opening paragraph of subparagraph (ii) of  paragraph  a
    2  of  subdivision 1 of section 191 of the labor law, as amended by chapter
    3  168 of the laws of 1993, is amended to read as follows:
    4    The commissioner may authorize an employer [which  has  in  the  three
    5  years  preceding  the application employed an average of one thousand or
    6  more persons in this state or has for one year preceding the application
    7  employed an average of one thousand or more persons in  this  state  and
    8  has  for  three  years  preceding the application employed an average of
    9  three thousand or more persons outside the state] to pay less frequently
   10  than weekly but not less frequently than semi-monthly  if  the  employer
   11  furnishes satisfactory proof to the commissioner of its continuing abil-
   12  ity  to  meet its payroll responsibilities. In making this determination
   13  the commissioner shall consider the following: (A) the employer's histo-
   14  ry meeting its payroll responsibilities in New York state or if no  such
   15  history  in New York state is available, other financial information, as
   16  requested by the commissioner, which will  assist  the  commissioner  in
   17  determining  the likelihood of the employer's continuing ability to meet
   18  payroll responsibilities; (B) proof of the employer's coverage for work-
   19  ers' compensation and disability; (C) proof that there are no  outstand-
   20  ing warrants of the department of taxation and finance or the department
   21  [of  labor]  against  the  employer  for failure to remit state personal
   22  income tax withholdings or unemployment insurance contributions; and (D)
   23  proof that the employer has a computerized  record  keeping  system  for
   24  payroll  which, at a minimum, specifies hours worked, rate of pay, gross
   25  wages, deductions and date of pay for each employee. If  the  employers'
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05201-01-1
       A. 6506                             2
    1  manual workers are represented by a labor organization, the commissioner
    2  shall  not  grant an employer's application for authorization under this
    3  subparagraph unless that labor organization consents thereto.
    4    S 2. This act shall take effect immediately.