STATE OF NEW YORK ________________________________________________________________________

3901

2023-2024 Regular Sessions

IN ASSEMBLY

February 8, 2023 ___________

Introduced by M. of A. FAHY -- read once and referred to the Committee on Labor

AN ACT to amend the labor law, in relation to benefits and supplemental wages

The People of the State of New York, represented in Senate and Assem- bly, do enact as follows:

1 Section 1. Section 198-c of the labor law, as amended by chapter 328 2 of the laws of 1972 and subdivision 3 as amended by chapter 304 of the 3 laws of 2007, is amended to read as follows: 4 § 198-c. Benefits or wage supplements. 1. In addition to any other 5 penalty or punishment otherwise prescribed by law, any employer who is 6 party to an agreement to pay or provide benefits or wage supplements to 7 employees or to a third party or fund for the benefit of employees and 8 who fails, neglects or refuses to pay the amount or amounts necessary to 9 provide such benefits or furnish such supplements within thirty days 10 after such payments are required to be made, shall be guilty of a misde- 11 meanor, and upon conviction shall be punished as provided in section one 12 hundred ninety-eight-a of this article. Where such employer is a corpo- 13 ration, the president, secretary, treasurer or officers exercising 14 corresponding functions shall each be guilty of a misdemeanor. 15 2. As used in this section, the [term] following terms shall have the 16 following meanings: 17 (a) "[benefits] Benefits or wage supplements" includes, but is not 18 limited to, reimbursement for expenses; health, welfare and retirement 19 benefits; and vacation, separation or holiday pay. 20 (b) "Granted time" shall mean benefits or wage supplements granted to 21 an employee on a per-request basis and not accrued. 22 3. [This section shall not apply to any person in a bona fide execu- 23 tive, administrative, or professional capacity whose earnings are in 24 excess of nine hundred dollars a week.] (a) No agreement to pay or 25 provide benefits or wage supplements shall include a provision specify-

EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD03751-01-3

A. 3901 2

1 ing that an employee will not be compensated for accrued, unused vaca- 2 tion pay upon the termination of such agreement. Any such provision 3 shall be considered severable, and all other provisions of such agree- 4 ment shall remain in effect and given full force. 5 (b) Any employer who is party to an agreement to pay or provide bene- 6 fits or wage supplements to an employee through granted time shall pay 7 such employee a minimum of the equivalent of two weeks' wages upon the 8 termination of such agreement. 9 (c) The provisions of this subdivision shall not apply to agreements 10 negotiated with any labor union through collective bargaining. 11 § 2. This act shall take effect on the one hundred eightieth day after 12 it shall have become a law.