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NY A08336
Bill
Status
5/13/2025
Primary Sponsor
Harry Bronson
Click for details
AI Summary
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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
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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
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Limits permissible forfeiture claims to specific misconduct: unfair competition with the employer, diverting business opportunities, or accepting improper kickbacks
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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
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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