Bill Text: NY S04224 | 2019-2020 | General Assembly | Introduced
Bill Title: Authorizes employers with less than five hundred employees to pay bi-weekly wages.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2019-03-05 - REFERRED TO LABOR [S04224 Detail]
Download: New_York-2019-S04224-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 4224 2019-2020 Regular Sessions IN SENATE March 5, 2019 ___________ Introduced by Sen. ANTONACCI -- read twice and ordered printed, and when printed to be committed to the Committee on Labor AN ACT to amend the labor law, in relation to authorizing employers with less than five hundred employees to pay bi-weekly wages 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] 6 five hundred or more persons in this state or has for one year preceding 7 the application employed an average of [one thousand] five hundred or 8 more persons in this state and has for three years preceding the appli- 9 cation employed an average of three thousand or more persons outside the 10 state to pay less frequently than weekly but not less frequently than 11 semi-monthly if the employer furnishes satisfactory proof to the commis- 12 sioner of its continuing ability to meet its payroll responsibilities. 13 In making this determination the commissioner shall consider the follow- 14 ing: (A) the employer's history meeting its payroll responsibilities in 15 New York state or if no such history in New York state is available, 16 other financial information, as requested by the commissioner, which 17 will assist the commissioner in determining the likelihood of the 18 employer's continuing ability to meet payroll responsibilities; (B) 19 proof of the employer's coverage for workers' compensation and disabili- 20 ty; (C) proof that there are no outstanding warrants of the department 21 of taxation and finance or the department [of labor] against the employ- 22 er for failure to remit state personal income tax withholdings or unem- 23 ployment insurance contributions; and (D) proof that the employer has a 24 computerized record keeping system for payroll which, at a minimum, 25 specifies hours worked, rate of pay, gross wages, deductions and date of EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD10273-02-9S. 4224 2 1 pay for each employee. If the employers' manual workers are represented 2 by a labor organization, the commissioner shall not grant an employer's 3 application for authorization under this subparagraph unless that labor 4 organization consents thereto. 5 § 2. Subdivision 1 of section 191 of the labor law is amended by 6 adding two new paragraphs e and f to read as follows: 7 e. Exception.--- Employers with less than five hundred employees may 8 pay wages under this section on a bi-weekly schedule. 9 f. Notice.--- Any employer paying any of its employees on a weekly 10 basis prior to July first two thousand nineteen shall, prior to paying 11 such employees on a bi-weekly basis pursuant to this section, provide 12 each employee with written notice of such change at least ninety days in 13 advance of the first such bi-weekly paycheck. 14 § 3. This act shall take effect immediately.
