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NY A08336

Bill

Status

Introduced

5/13/2025

Primary Sponsor

Harry Bronson

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Origin

Assembly

2025-2026 General Assembly

AI Summary

  • Creates a rebuttable presumption that an employer's action is retaliatory when an employee files a wage claim and the employer responds by seeking forfeiture of employment compensation

  • Requires employers to prove by clear and convincing evidence that employee misconduct was pervasive, egregious, based on more than a single act, and not previously tolerated by the employer before any wage forfeiture can occur

  • Limits permissible forfeiture claims to specific misconduct: unfair competition with the employer, diverting business opportunities, or accepting improper kickbacks

  • Restricts any wage forfeiture to only the pay periods during which the disloyal acts occurred, and explicitly protects minimum wage and overtime payments from forfeiture

  • Establishes a rebuttable presumption of discrimination when an employer responds to a human rights law claim by seeking forfeiture of employee compensation

Legislative Description

Enacts the "faithless servant reform act", creating a rebuttable presumption of retaliation or discrimination for certain actions of an employer; provides that the employer maintains the burden of proof in certain actions against an employee; limits an employer's remedy of forfeiture against an employee's compensation.

Last Action

referred to labor

1/7/2026

Committee Referrals

Labor5/13/2025

Full Bill Text

No bill text available