NY Liberals Pass Another Numbskull Law

Written by James Ostrowski on December 13, 2010 – 8:43 pm -

At a time of permanent structural unemployment caused by the thousands of dumb laws that burden employers, the morons in the state leg. passed and Paterson signed yet another of these laws.

As someone who is about to start a company that I hope employs many people, this is truly depressing.

This bill is essentially a tax as all regulations are. It will consume valuable and scarce capital and will of course reduce employment–employers will tend to hire independent contractors and use technology rather than hire workers. Why don’t liberals understand that they cannot repeal the laws of economics.

Oh yeah, like all regulations, it will favor big business over small.

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

1 Section 1. This act shall be known and may be cited as the “wage theft
2 prevention act”.
3 S 2. Section 2 of the labor law is amended by adding a new subdivision
4 16 to read as follows:
5 16. ALL REFERENCES TO LABOR LAW, CHAPTER, ARTICLE OR SECTION SHALL BE
6 DEEMED TO INCLUDE ANY RULE, REGULATION OR ORDER PROMULGATED THEREUNDER
7 OR RELATED THERETO.
8 S 3. Subdivisions 1, 2, 3 and 4 of section 195 of the labor law, as
9 added by chapter 548 of the laws of 1966 and subdivision 1 as amended by
10 chapter 270 of the laws of 2009, are amended to read as follows:
11 1. (A) [notify] PROVIDE his or her employees, in writing IN ENGLISH
12 AND IN THE LANGUAGE IDENTIFIED BY EACH EMPLOYEE AS THE PRIMARY LANGUAGE
13 OF SUCH EMPLOYEE, at the time of hiring [of], AND ON OR BEFORE FEBRUARY
14 FIRST OF EACH SUBSEQUENT YEAR OF THE EMPLOYEE’S EMPLOYMENT WITH THE
15 EMPLOYER, A NOTICE CONTAINING THE FOLLOWING INFORMATION: the rate OR
16 RATES of pay and [of] BASIS THEREOF, WHETHER PAID BY THE HOUR, SHIFT,
17 DAY, WEEK, SALARY, PIECE, COMMISSION, OR OTHER; ALLOWANCES, IF ANY,
18 CLAIMED AS PART OF THE MINIMUM WAGE, INCLUDING TIP, MEAL, OR LODGING
19 ALLOWANCES; the regular pay day designated by the employer in accordance
20 with section one hundred ninety-one of this article[, and]; THE NAME OF
21 THE EMPLOYER; ANY “DOING BUSINESS AS” NAMES USED BY THE EMPLOYER; THE
22 PHYSICAL ADDRESS OF THE EMPLOYER’S MAIN OFFICE OR PRINCIPAL PLACE OF

EXPLANATION–Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD16308-17-0
S. 7050–B 2

1 BUSINESS, AND A MAILING ADDRESS IF DIFFERENT; THE TELEPHONE NUMBER OF
2 THE EMPLOYER; PLUS SUCH OTHER INFORMATION AS THE COMMISSIONER DEEMS
3 MATERIAL AND NECESSARY. EACH TIME THE EMPLOYER PROVIDES SUCH NOTICE TO
4 AN EMPLOYEE, THE EMPLOYER SHALL obtain FROM THE EMPLOYEE a SIGNED AND
5 DATED written acknowledgement [from each employee], IN ENGLISH AND IN
6 THE PRIMARY LANGUAGE OF THE EMPLOYEE, of receipt of this notice, WHICH
7 THE EMPLOYER SHALL PRESERVE AND MAINTAIN FOR SIX YEARS. Such acknowl-
8 edgement shall INCLUDE AN AFFIRMATION BY THE EMPLOYEE THAT THE EMPLOYEE
9 ACCURATELY IDENTIFIED HIS OR HER PRIMARY LANGUAGE TO THE EMPLOYER, AND
10 THAT THE NOTICE PROVIDED BY THE EMPLOYER TO SUCH EMPLOYEE PURSUANT TO
11 THIS SUBDIVISION WAS IN THE LANGUAGE SO IDENTIFIED OR OTHERWISE COMPLIED
12 WITH PARAGRAPH (C) OF THIS SUBDIVISION, AND SHALL conform to any ADDI-
13 TIONAL requirements established by the commissioner with regard to
14 content and form. For all employees who are [eligible for] NOT EXEMPT
15 FROM overtime compensation as established in the commissioner’s minimum
16 wage orders or otherwise provided by NEW YORK STATE law or regulation,
17 the notice must state the regular hourly rate and overtime rate of pay;
18 (B) THE COMMISSIONER SHALL PREPARE TEMPLATES THAT COMPLY WITH THE
19 REQUIREMENTS OF PARAGRAPH (A) OF THIS SUBDIVISION. EACH SUCH TEMPLATE
20 SHALL BE DUAL-LANGUAGE, INCLUDING ENGLISH AND ONE ADDITIONAL LANGUAGE.
21 THE COMMISSIONER SHALL DETERMINE, IN HIS OR HER DISCRETION, WHICH
22 LANGUAGES TO PROVIDE IN ADDITION TO ENGLISH, BASED ON THE SIZE OF THE
23 NEW YORK STATE POPULATION THAT SPEAKS EACH LANGUAGE AND ANY OTHER FACTOR
24 THAT THE COMMISSIONER SHALL DEEM RELEVANT. ALL SUCH TEMPLATES SHALL BE
25 MADE AVAILABLE TO EMPLOYERS IN SUCH MANNER AS DETERMINED BY THE COMMIS-
26 SIONER;
27 (C) WHEN AN EMPLOYEE IDENTIFIES AS HIS OR HER PRIMARY LANGUAGE A
28 LANGUAGE FOR WHICH A TEMPLATE IS NOT AVAILABLE FROM THE COMMISSIONER,
29 THE EMPLOYER SHALL COMPLY WITH THIS SUBDIVISION BY PROVIDING THAT
30 EMPLOYEE AN ENGLISH-LANGUAGE NOTICE OR ACKNOWLEDGMENT;
31 (D) AN EMPLOYER SHALL NOT BE PENALIZED FOR ERRORS OR OMISSIONS IN THE
32 NON-ENGLISH PORTIONS OF ANY NOTICE PROVIDED BY THE COMMISSIONER;
33 (E) THE COMMISSIONER SHALL HAVE DISCRETION TO WAIVE OR ALTER REQUIRE-
34 MENTS OF PARAGRAPH (A) OF THIS SUBDIVISION FOR TEMPORARY HELP FIRMS AS
35 DEFINED IN SECTION NINE HUNDRED SIXTEEN OF THIS CHAPTER.
36 2. notify his OR HER employees IN WRITING of any changes TO THE INFOR-
37 MATION SET FORTH in [the pay] SUBDIVISION ONE OF THIS SECTION, AT LEAST
38 SEVEN CALENDAR days prior to the time of such changes, UNLESS SUCH
39 CHANGES ARE REFLECTED ON THE WAGE STATEMENT FURNISHED IN ACCORDANCE WITH
40 SUBDIVISION THREE OF THIS SECTION;
41 3. furnish each employee with a statement with every payment of wages,
42 listing THE FOLLOWING: THE DATES OF WORK COVERED BY THAT PAYMENT OF
43 WAGES; NAME OF EMPLOYEE; NAME OF EMPLOYER; ADDRESS AND PHONE NUMBER OF
44 EMPLOYER; RATE OR RATES OF PAY AND BASIS THEREOF, WHETHER PAID BY THE
45 HOUR, SHIFT, DAY, WEEK, SALARY, PIECE, COMMISSION, OR OTHER; gross
46 wages[,]; deductions; ALLOWANCES, IF ANY, CLAIMED AS PART OF THE MINIMUM
47 WAGE; and net wages[, and upon]. FOR ALL EMPLOYEES WHO ARE NOT EXEMPT
48 FROM OVERTIME COMPENSATION AS ESTABLISHED IN THE COMMISSIONER’S MINIMUM
49 WAGE ORDERS OR OTHERWISE PROVIDED BY NEW YORK STATE LAW OR REGULATION,
50 THE STATEMENT SHALL INCLUDE THE REGULAR HOURLY RATE OR RATES OF PAY; THE
51 OVERTIME RATE OR RATES OF PAY; THE NUMBER OF REGULAR HOURS WORKED, AND
52 THE NUMBER OF OVERTIME HOURS WORKED. FOR ALL EMPLOYEES PAID A PIECE
53 RATE, THE STATEMENT SHALL INCLUDE THE APPLICABLE PIECE RATE OR RATES OF
54 PAY AND NUMBER OF PIECES COMPLETED AT EACH PIECE RATE. UPON the request
55 of an employee, AN EMPLOYER SHALL furnish an explanation IN WRITING of
56 how such wages were computed;
S. 7050–B 3

1 4. establish, maintain and preserve for not less than [three] SIX
2 years CONTEMPORANEOUS, TRUE, AND ACCURATE payroll records showing FOR
3 EACH WEEK WORKED the hours worked[,]; THE RATE OR RATES OF PAY AND BASIS
4 THEREOF, WHETHER PAID BY THE HOUR, SHIFT, DAY, WEEK, SALARY, PIECE,
5 COMMISSION, OR OTHER; gross wages[,]; deductions; ALLOWANCES, IF ANY,
6 CLAIMED AS PART OF THE MINIMUM WAGE; and net wages for each employee.
7 FOR ALL EMPLOYEES WHO ARE NOT EXEMPT FROM OVERTIME COMPENSATION AS
8 ESTABLISHED IN THE COMMISSIONER’S MINIMUM WAGE ORDERS OR OTHERWISE
9 PROVIDED BY NEW YORK STATE LAW OR REGULATION, THE PAYROLL RECORDS SHALL
10 INCLUDE THE REGULAR HOURLY RATE OR RATES OF PAY, THE OVERTIME RATE OR
11 RATES OF PAY, THE NUMBER OF REGULAR HOURS WORKED, AND THE NUMBER OF
12 OVERTIME HOURS WORKED. FOR ALL EMPLOYEES PAID A PIECE RATE, THE PAYROLL
13 RECORDS SHALL INCLUDE THE APPLICABLE PIECE RATE OR RATES OF PAY AND
14 NUMBER OF PIECES COMPLETED AT EACH PIECE RATE;


Posted in Uncategorized | 2 Comments »

2 Comments to “NY Liberals Pass Another Numbskull Law”

  1. Mike WalshNo Gravatar Says:

    Careful examination of this bill reveals it as nothing more than a tax grab.

  2. Michael RebmannNo Gravatar Says:

    The amount of paperwork just to hire an employee is already ridiculous. It seems the whole reason of this latest regulation is so that virtually any employer can be found in violation of something, if the State so desires.

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