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NY S08518

Bill

Status

Introduced

11/24/2010

Primary Sponsor

Diane Savino

Click for details

Origin

Senate

2009-2010 General Assembly

AI Summary

S.8518 - Wage Theft Prevention Act

  • Requires employers to provide employees with written notice of pay rates, basis of pay, allowances, employer information, and other material details in English and the employee's primary language at hiring and annually by February 1st, with signed acknowledgments preserved for six years.

  • Mandates wage statements with every payment listing work dates, rates of pay, gross/net wages, overtime hours and rates, piece rates or commission basis, and deductions; employees may request written explanations of wage computations.

  • Extends payroll record retention from three to six years and requires contemporaneous records showing hours worked, pay rates and basis, gross/net wages, and overtime/piece/commission details; employees gain right to inspect or copy records within 30 business days.

  • Increases liquidated damages from 25% to 50-200% of unpaid wages in administrative proceedings and to 200% in court actions; establishes separate penalties of $50-$2,500 for notice violations and $100-$2,500 for wage statement violations.

  • Prohibits predispute arbitration agreements for wage and labor disputes; strengthens retaliation protections; allows statute of limitations tolling during commissioner investigations; increases criminal penalties to $2,500 or twice the underpayment amount for first offenses and $5,000 or triple the amount for repeat offenses.

Legislative Description

Establishes the wage theft prevention act providing for certain notifications to employees in their primary languages and protections for employees.

Last Action

REFERRED TO RULES

11/24/2010

Committee Referrals

Rules11/24/2010

Full Bill Text

No bill text available