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NY A06698
Bill
Status
6/20/2011
Primary Sponsor
Sheldon Silver
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AI Summary
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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.
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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.
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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.
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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.
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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