File #: Res 0245-2010    Version: Name: Establishing the Wage Theft Prevention Act. (A.10163/S.8380)
Type: Resolution Status: Adopted
Committee: Committee on Civil Service and Labor
On agenda: 5/25/2010
Enactment date: Law number:
Title: Resolution calling on the New York State Legislature to reconcile and pass A.10163 and S.8380 and the Governor to sign into law, an act to amend the Labor Law in relation to establishing the Wage Theft Prevention Act.
Sponsors: Melissa Mark-Viverito, Brad S. Lander, Gale A. Brewer, Margaret S. Chin, Rosie Mendez, Annabel Palma, Jumaane D. Williams, Ydanis A. Rodriguez, Robert Jackson, James Sanders, Jr., James F. Gennaro, James G. Van Bramer, Charles Barron, Diana Reyna
Attachments: 1. Res. No. 245 - 5/25/10, 2. Committee Report 11/10/10, 3. Hearing Testimony 11/10/10, 4. Hearing Transcript 11/10/10, 5. Committee Report 11/15/10, 6. Hearing Transcript 11/15/10, 7. Hearing Transcript - Stated Meeting 11-17-10
Date Ver.Prime SponsorAction ByActionResultAction DetailsMeeting DetailsMultimedia
11/17/2010AMelissa Mark-Viverito City Council Approved, by CouncilPass Action details Meeting details Not available
11/15/2010*Melissa Mark-Viverito Committee on Civil Service and Labor Hearing Held by Committee  Action details Meeting details Not available
11/15/2010*Melissa Mark-Viverito Committee on Civil Service and Labor Amendment Proposed by Comm  Action details Meeting details Not available
11/15/2010*Melissa Mark-Viverito Committee on Civil Service and Labor Amended by Committee  Action details Meeting details Not available
11/15/2010AMelissa Mark-Viverito Committee on Civil Service and Labor Approved by CommitteePass Action details Meeting details Not available
11/10/2010*Melissa Mark-Viverito Committee on Lower Manhattan Redevelopment Laid Over by Committee  Action details Meeting details Not available
11/10/2010*Melissa Mark-Viverito Committee on Lower Manhattan Redevelopment Amendment Proposed by Comm  Action details Meeting details Not available
11/10/2010*Melissa Mark-Viverito Committee on Lower Manhattan Redevelopment Hearing Held by Committee  Action details Meeting details Not available
11/10/2010*Melissa Mark-Viverito Committee on Civil Service and Labor Laid Over by Committee  Action details Meeting details Not available
11/10/2010*Melissa Mark-Viverito Committee on Civil Service and Labor Amendment Proposed by Comm  Action details Meeting details Not available
11/10/2010*Melissa Mark-Viverito Committee on Civil Service and Labor Hearing Held by Committee  Action details Meeting details Not available
5/25/2010*Melissa Mark-Viverito City Council Introduced by Council  Action details Meeting details Not available
5/25/2010*Melissa Mark-Viverito City Council Referred to Comm by Council  Action details Meeting details Not available
Res. No. 245-A
 
Resolution calling on the New York State Legislature to reconcile and pass A.10163 and S.8380 and the Governor to sign into law, an act to amend the Labor Law in relation to establishing the Wage Theft Prevention Act.
 
 
By Council Members Mark-Viverito, Lander, Brewer, Chin, Mendez, Palma, Williams, Rodriguez, Jackson, Sanders Jr., Gennaro, Van Bramer, Barron and Reyna
 
      Whereas, Recent studies conducted by the National Employment Law Project indicated that wage theft costs the average low-wage worker in New York State $3,016 per year, comprising 15% of his or her annual income; and
Whereas, In New York City alone, wage theft losses equal more than $18.4 million per week, nearly $1 billion per year; and
Whereas, In addition, the same studies indicated that over a quarter of low-wage workers receive less than the legal minimum wage and  67% of low-wage workers who work more than 40 hours per week do not receive time-and-a-half for overtime as required by law; and
      Whereas, Workers are terrified to speak up for their rights because they often face discharge and other retaliation as a result; and
Whereas, Responsible businesses are struggling to revive our state's economy and there should be a level playing field to protect them from having to compete with unscrupulous employers that cut costs by stealing wages; and
      Whereas, The penalties currently in place for employers paying employees less than their correct wage are minimal and do not deter the practice; and
      Whereas, A.10163 (Heastie) and S.8380 (Savino) were introduced in the New York State Legislature and would amend the State's Labor Law to establish the Wage Theft Prevention Act; and
      Whereas, A.10163 and S.8380 would increase civil and criminal penalties to protect employees and the interest of the workers; and
      Whereas, This legislation would amend the remedies available to an employee if it is found that an employer is at fault in a claim; and
      Whereas, Further, this legislation would also amend the civil and criminal penalties that employers may face for violations of New York State's minimum wage or overtime pay laws; and
      Whereas, A.10163 was passed by the New York State Assembly on July 1, 2010 and S.8380 was passed by the New York State Senate on June 30, 2010; and
      Whereas, Although A.10163 and S.8380 have the same purpose, the bills do not have the exact same provisions; and
Whereas, New Yorkers deserve to get the pay they work hard for every day and the Wage Theft Prevention Act will help ensure they receive it; now, therefore, be it
Resolved, That the Council of the City of New York calls on the New York State Legislature to reconcile and pass A.10163 and S.8380, and the Governor sign into law, an act to amend the Labor Law in relation to establishing the Wage Theft Prevention Act.
 
 
 
 
 
 
 
 
 
 
 
LS #963
MWC
10-12-10