Bill Text: NY S08453 | 2023-2024 | General Assembly | Introduced
Bill Title: Provides that the commissioner of labor shall notify the commissioner of taxation and finance of certain violations of the labor law relating to wages and hours of labor; provides that the commissioner of taxation and finance shall suspend certain certificates of authority of such employers in violation of such provisions.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-01-31 - REFERRED TO LABOR [S08453 Detail]
Download: New_York-2023-S08453-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8453 IN SENATE January 31, 2024 ___________ Introduced by Sen. RAMOS -- read twice and ordered printed, and when printed to be committed to the Committee on Labor AN ACT to amend the labor law and the tax law, in relation to suspending certain certificates of authority 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. LBD13149-02-4S. 8453 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 commissioner of 10 taxation and finance, in writing, of the name and address of any employ- 11 er holding a certificate of authority pursuant to section eleven hundred 12 thirty-four of the tax law to suspend such certificate. 13 (ii) The commissioner of taxation and finance shall not reinstate a 14 license suspended pursuant to subparagraph (i) of this paragraph until 15 the commissioner of taxation and finance receives written notice from 16 the commissioner that the employer whose license was suspended is in 17 compliance with article six (payment of wages), article nineteen (mini- 18 mum wage act), article nineteen-A (minimum wage standards and protective 19 labor practices for farm workers), section two hundred twelve-a, section 20 two hundred twelve-b, section one hundred sixty-one or section one 21 hundred sixty-two of this chapter, and any rule or regulation promulgat- 22 ed thereunder. 23 § 2. Subparagraph (A) of paragraph 4 of subdivision (a) of section 24 1134 of the tax law, as amended by section 2 of part P of chapter 59 of 25 the laws of 2021, is amended to read as follows: 26 (A) Where a person who holds a certificate of authority (i) willfully 27 fails to file a report or return required by this article, (ii) willful- 28 ly files, causes to be filed, gives or causes to be given a report, 29 return, certificate or affidavit required under this article which is 30 false, (iii) willfully fails to comply with the provisions of paragraph 31 two or three of subdivision (e) of section eleven hundred thirty-seven 32 of this [article] part, (iv) willfully fails to prepay, collect, truth- 33 fully account for or pay over any tax imposed under this article or 34 pursuant to the authority of article twenty-nine of this chapter, (v) 35 fails to obtain a bond pursuant to paragraph two of subdivision (e) of 36 section eleven hundred thirty-seven of this part, or fails to comply 37 with a notice issued by the commissioner pursuant to paragraph three of 38 such subdivision, (vi) has been convicted of a crime provided for in 39 this chapter, (vii) where such person, or any person affiliated with 40 such person as such term is defined in subdivision twenty-one of section 41 four hundred seventy of this chapter, has had a retail dealer registra- 42 tion issued pursuant to section four hundred eighty-a of this chapter 43 revoked pursuant to subparagraph (iii) of paragraph (a) of subdivision 44 four of such section four hundred eighty-a, [or] (viii) has not obtained 45 a valid retail dealer registration under section four hundred eighty-a 46 of this chapter and such person possesses or sells unstamped or unlaw- 47 fully stamped packages of cigarettes three or more times within a period 48 of five years, or (ix) is found to have violated subdivision one of 49 section two hundred nineteen of the labor law according to the commis- 50 sioner of labor, the commissioner may revoke or suspend such certificate 51 of authority and all duplicates thereof. Provided, however, that the 52 commissioner may revoke or suspend a certificate of authority based on 53 (a) the grounds set forth in clause (vi) of this subparagraph only where 54 the conviction referred to occurred not more than one year prior to the 55 date of revocation or suspension; and provided further that where the 56 commissioner revokes or suspends a certificate of authority based on theS. 8453 3 1 grounds set forth in clause (vii) of this subparagraph, such suspension 2 or revocation shall continue for as long as the revocation of the retail 3 dealer registration pursuant to section four hundred eighty-a of this 4 chapter remains in effect, or (b) the grounds set forth in clause (viii) 5 of this subparagraph, such suspension or revocation shall be for a peri- 6 od of five years. 7 § 3. Subparagraph (A) of paragraph 4 of subdivision (a) of section 8 1134 of the tax law, as amended by section 2-a of part P of chapter 59 9 of the laws of 2021, is amended to read as follows: 10 (A) Where a person who holds a certificate of authority (i) willfully 11 fails to file a report or return required by this article, (ii) willful- 12 ly files, causes to be filed, gives or causes to be given a report, 13 return, certificate or affidavit required under this article which is 14 false, (iii) willfully fails to comply with the provisions of paragraph 15 two or three of subdivision (e) of section eleven hundred thirty-seven 16 of this [article] part, (iv) willfully fails to prepay, collect, truth- 17 fully account for or pay over any tax imposed under this article or 18 pursuant to the authority of article twenty-nine of this chapter, (v) 19 has been convicted of a crime provided for in this chapter, (vi) where 20 such person, or any person affiliated with such person as such term is 21 defined in subdivision twenty-one of section four hundred seventy of 22 this chapter, has had a retail dealer registration issued pursuant to 23 section four hundred eighty-a of this chapter suspended or revoked 24 pursuant to subparagraph (iii) of paragraph (a) of subdivision four of 25 such section four hundred eighty-a, [or] (vii) has not obtained a valid 26 retail dealer registration under section four hundred eighty-a of this 27 chapter and such person possesses or sells unstamped or unlawfully 28 stamped packages of cigarettes three or more times within a period of 29 five years, or (ix) is found to have violated subdivision one of section 30 two hundred nineteen of the labor law according to the commissioner of 31 labor, the commissioner may revoke or suspend such certificate of 32 authority and all duplicates thereof. Provided, however, that the 33 commissioner may revoke or suspend a certificate of authority based on 34 (a) the grounds set forth in clause (v) of this subparagraph only where 35 the conviction referred to occurred not more than one year prior to the 36 date of revocation or suspension; and provided further that where the 37 commissioner revokes or suspends a certificate of authority based on the 38 grounds set forth in clause (vi) of this subparagraph, such suspension 39 or revocation shall continue for as long as the revocation of the retail 40 dealer registration pursuant to section four hundred eighty-a of this 41 chapter remains in effect, or (b) the grounds set forth in clause (vii) 42 of this subparagraph, such suspension or revocation shall be for a peri- 43 od of five years. 44 § 4. This act shall take effect immediately; provided, however, that 45 the amendments to subparagraph (A) of paragraph 4 of subdivision (a) of 46 section 1134 of the tax law made by section two of this act shall be 47 subject to the expiration and reversion of such subparagraph pursuant to 48 subdivision (e) of section 23 of part U of chapter 61 of the laws of 49 2011, as amended, when upon such date the provisions of section three of 50 this act shall take effect.
