Cruz, DeStefano, Epstein, Fernandez, Gottfried, Reyes, Simon
Amd 190, add 193-a, Lab L
Includes bonus in the definition of wages for purposes of the labor law when the formula under which a bonus is determined is available to the employer or when the amount of a bonus has been declared; relates to the forfeit of wages.
STATE OF NEW YORK
2021-2022 Regular Sessions
January 6, 2021
Introduced by M. of A. STECK -- Multi-Sponsored by -- M. of A. CRUZ,
DeSTEFANO, EPSTEIN, FERNANDEZ, GOTTFRIED, REYES, SIMON -- read once
and referred to the Committee on Labor
AN ACT to amend the labor law, in relation to including bonus compen-
sation in the definition of wages and forfeit of wages
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 1 of section 190 of the labor law, as amended
2 by chapter 328 of the laws of 1972, is amended and a new subdivision 10
3 is added to read as follows:
4 1. "Wages" means the earnings of an employee for labor or services
5 rendered, regardless of whether the amount of earnings is determined on
6 a time, piece, commission, bonus, or other basis. The term "wages" also
7 includes benefits or wage supplements as defined in section one hundred
8 ninety-eight-c of this article, except for the purposes of sections one
9 hundred ninety-one and one hundred ninety-two of this article.
10 10. "Bonus" constitutes wages as defined in subdivision one of this
11 section, regardless of the source of revenue, when (a) the formula under
12 which a bonus is determined is certain and all the data utilized in
13 calculating the amount of a bonus under the formula is available to the
14 employer or (b) when the amount of a bonus has been declared by the
16 § 2. The labor law is amended by adding a new section 193-a to read as
18 § 193-a. Wages non-forfeitable. All wages covered under this article
19 shall be non-forfeitable once the amount of the wage is known or can
20 with reasonable certainty be known.
21 § 3. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 is old law to be omitted.