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NY A10163
Bill
Status
7/1/2010
Primary Sponsor
Mark Weprin
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AI Summary
Wage Theft Prevention Act Summary
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Requires employers to provide written notice to employees in English and their primary language at hire and annually by February 1st, including pay rates, basis of pay, allowances, pay day, employer contact information, and overtime rates for non-exempt employees, with signed acknowledgments maintained for six years.
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Increases recordkeeping requirements to six years and mandates employers maintain contemporaneous payroll records showing hours worked, pay rates and basis, gross/net wages, deductions, allowances, and overtime information; employees gain right to inspect or copy records within 30 business days.
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Establishes civil remedies including one hour of pay damages per work day for missed meal periods and damages equal to regular hourly compensation for each hour worked on seventh consecutive day for missed rest days; allows employees to bring civil actions and recover damages, attorney fees, and costs.
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Raises liquidated damages in wage underpayment cases to 50-200% (from 25%) in administrative actions and to 200% in court actions; changes statute of limitations to six years with tolling while commissioner investigation is pending.
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Prohibits predispute arbitration agreements for employment disputes under wage and labor articles; strengthens retaliation protections with 90-day presumption of retaliation if adverse action occurs after complaint; increases criminal penalties for wage theft to $2,500 or twice the underpayment amount for first offense.
Legislative Description
Establishes the wage theft prevention act.
Last Action
REFERRED TO RULES
7/1/2010