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NY A06698

Bill

Status

Engrossed

6/20/2011

Primary Sponsor

Sheldon Silver

Click for details

Origin

Assembly

2011-2012 General Assembly

AI Summary

  • Establishes payment requirements for independent contractors earning $600 or more, requiring compensation be paid by the last day of the month following when it was earned, with written work terms signed by both parties and kept on file for six years.

  • Authorizes the Commissioner of Labor to investigate complaints, adjust disputes, accept assignment of compensation claims, and sue clients on behalf of independent contractors for unpaid wages.

  • Imposes liquidated damages of up to 100 percent of unpaid compensation in administrative actions and exactly 100 percent in court actions, unless the client proves good faith belief in compliance with the law.

  • Provides a six-year statute of limitations for recovery actions, allowing independent contractors to recover all compensation accrued during the six years preceding the legal action.

  • Establishes criminal penalties including misdemeanor charges with fines of $500-$20,000 or up to one year imprisonment for first offense, and felony charges for second or subsequent offenses within six years, and excludes work performed on one and two family dwellings.

Legislative Description

Relates to payment of independent contractors and authorizes the department of labor to investigate complaints, make claims for compensation, assess liquid damages, civil penalties and criminal penalties; authorizes the award of attorney fees and liquidated damages; excludes construction contractors.

Last Action

REFERRED TO RULES

6/21/2012

Committee Referrals

Rules6/20/2011
Rules6/16/2011
Ways and Means6/1/2011
Codes5/17/2011
Labor3/24/2011

Full Bill Text

No bill text available