NY A05348

Expands the definition of "wages" to include employment compensation that is not payable solely at the employer's discretion, requiring employers to provide clear, prominent, timely notice if they claim sole discretion to withhold bonuses or other compensation.

Requires employers to notify employees in writing of employment term changes at least seven calendar days in advance, with failure to produce written terms creating a presumption that employee-presented terms are the agreed terms.

Permits civil liability claims under Labor Law sections 198 and 198-a even when criminal penalties apply for wage violations under section 198-b.

Raises the earnings threshold for the executive, administrative, and professional exemption from criminal penalties from $900 per week to $1,300 per week, effective upon enactment of Chapter 433 of the Laws of 2023.

Act takes effect immediately and applies to all actions filed after the effective date.