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A00262 Summary:

MLTSPNSRCruz, 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.
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A00262 Actions:

01/06/2021referred to labor
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A00262 Text:

                STATE OF NEW YORK
                               2021-2022 Regular Sessions
                   IN ASSEMBLY
                                     January 6, 2021
        Introduced  by  M.  of  A. STECK -- Multi-Sponsored by -- M. of A. CRUZ,
          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
    15  employer.
    16    § 2. The labor law is amended by adding a new section 193-a to read as
    17  follows:
    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.
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