Preview
FILED: NEW YORK COUNTY CLERK 10/18/2023 12:09 PM INDEX NO. 158194/2023
NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 10/18/2023
EXHIBIT K
FILED: NEW YORK COUNTY CLERK 10/18/2023 12:09 PM INDEX NO. 158194/2023
NYSCEF DOC. NO. Case
17 7:22-cv-02761-NSR Document 23-2 Filed 10/25/22 Page 20 of NYSCEF:
RECEIVED 65 10/18/2023
1156 LAWS of NEW YORK, 1937 [NAP.
stockholders or shareholders, or members of their immediate
families, except 'that such interest °may, in any event, be deducted
up to an amount not exceeding one thousand dollars. The pro-
visions of the clause numbered " (6) " of the preceding sentence
shall not apply :n computing the "entire net income" of so-called
investment trusts, corporate or non-corporate, whose principal
business consists of holding, buying and selling for their own
account securities of other corporations. Bona fide gifts to a cor-
poration, other than unpaid salaries or compensation due to offi-
cers, for which no consideration has been given or made by the
corporation itself, shall not constitute income nor be included in
entire net income for the purposes of this section.
§ 2. This act shall take effect immediately.
CHAPTER 500
AN ACT to amend the labor law, in relation to payment of wages
Became a law May 22, 1937, with the approval of the Governor. Passed,
three-fifths being present
The People of the State of New York, represented in Renate and Assembly,
do enact as follows:
New
ii 100,
Section 1. Article six of chapter fifty of the laws of nineteen
109-a. hundred twenty-one, entitled "An act in relation to labor, con-
added.
stituting chapter thirty-one of the consolidated laws," as amended,
is hereby amended by the addition of sections one hundred and
ninety-nine and one hundred and ninety-nine-a, to read as follows:
§ 199. Additional powers of the commissioner with reference
to the payment of wages. The commissioner shall have the follow-
ing additional duties, powers and authority:
1. He shall investigate and first attempt equitably to adjust con-
troversies between employer and employees in respect of wage
claims.
2. He may take assignments of wage claims in trust for the
assigning employee. All such assignments shall run to the com-
missioner and his successors in office. The commissioner may sue
employers on wage claims thus assigned with the benefits, and
subject to the provisions of existing law applying to actions by
employees for collection of wages. He may join in a single action
any number of wage claims against the same employer.
3. He may institute proceedings on account of any criminal
violation of any provision of this article relating to the payment
of wages.
2 Words "that such" inserted.
a Words "may, in any event, be deducted up to an amount not exceeding
one thousand dollars" substituted for words "on moneys borrowed for ordinary
expenses of the corporation".
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4. If it shall appear to him that any employer has been con-
victed of a violation of any provision of this article or that any
judgment against an employer for non-payment of wages remains
unsatisfied for a period of ten days after the time to appeal there-
from has expired, and that no appeal therefrom is then pending,
the commissioner may require such employer to deposit with him
a bond in such sum as he may deem. sufficient and adequate in the
circumstances, together with two or more sureties or a duly author-
ized surety company, to be approved by the commissioner. The
bond shall be payable to the commissioner and shall be conditioned
that the employer will, for a definite future period, not exceeding
six months, pay his employees in accordance with the provisions
of this article, and shall be further conditioned upon the payment
by the employer of any judgment which may be recovered against
such employer pursuant to the provisions of this article,
If within ten days after demand for such bond (which demand
may be made by mail) such employer shall fail to deposit the
same, the commissioner may bring an action in the name and on
behalf of the people of the state of New York against such
employer in the supreme court to compel such employer to furnish
such a bond or to cease doing business until he has done so. The
employer shall have the burden of proving that either such a bond
is unnecessary or that the amount demanded is excessive. If the
court finds that there is just cause for requiring the bond and that
same is reasonably necessary or proper to secure prompt payment
of the wages of the employees of such employer and his compliance
with the provisions of this article, the court may enjoin such
employer, whether an individual, partnership, corporation, com-
pany, trust or association, and such other person or persons as may
have been or may be concerned with or in any way participating
in the failure to pay the wages resulting in the conviction or in
the judgment as aforesaid, from doing business until the require-
ment is met and make other and further orders appropriate to
compel compliance with the requirement.
§ 199-a. Costs; remedies; discretion vested in commissioner;
contingent fund. 1. In any action instituted upon a wage claim by
an employee or the commissioner, the court may allow such
employee if he prevails, in addition to all ordinary costs, a reason-
able sum, not exceeding twenty-five dollars, for expenses which may
be taxed as costs. No assignee of a wage claim, except the com-
missioner, shall be benefited by this provision.
2. The remedies provided by this article may be enforced
simultaneously or consecutively so far as not inconsistent with
each other.
3. Nothing contained in section one hundred and ninety-nine
immediately preceding shall be construed as requiring the commis-
sioner in every instance to take assignments of wage claims or to
institute criminal prosecutions as aforesaid, but he shall be deemed
vested with discretion in such matters.
4. For the purpose of paying expenses and costs of the commis-
sioner's proceedings under this act, there hereby is created a fund
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NYSCEF DOC. NO. Case
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1158 LAWS OF NEW YORK, 1937
to be known as the wage enforcement contingent fund of the com-
missioner, and to be payable at any time on approval of the com-
missioner. This fund shall be self-sustaining, and the commis-
sioner may deduct and retain from any moneys collected on each
wage claim an amount not in excess of five per centum of the sums
so collected. All such deductions from the sums collected, together
with costs (except those provided in sub-division one of this sec-
tion) and expenses pursuant to any court action, shall be paid
by the commissioner into the state treasury and become a part of
this fund. For the establishment of said contingent fund the sum
of five thousand dollars ($5,000) hereby is appropriated to be
placed to the credit of said contingent fund as a temporary loan
and paid out on approval of the commissioner. This loan, so far
as availed of, shall be repaid into the state treasury by applying
any accumulations above five thousand dollars ($5,000) in said
fund on the thirty-first day of December, nineteen hundred thirty-
seven, and annually thereafter until repayment without interest
is completed.
Separability. § 2. Despite any determination that any provisions or any
application of any provision, or any particular method of enforc-
ing any provision of this act is unconstitutional, the remaining
provisions and applications and methods of enforcement shall be
unaffected and shall remain in full force and effect.
§ 3. This act shall take effect immediately.
CHAPTER 501
AN ACT to amend the town law, in relation to limitation of indebtedness in
Adirondack park
Became a law May 22, 1037, with the approval of the Governor. Passed,
three-fifths being present
The People of the State o/ New York, represented in Senate and Assembly,
do enact as follows:
teu Section 1. Section one hundred nine of chapter six hundred
amended.
thirty-four of the laws of nineteen hundred thirty-two, entitled
"An act relating to towns, constituing chapter sixty-two of the
consolidated laws," is hereby amended to read as follows:
s 109. Limitation of indebtedness in Adirondack park, No
town including a portion of the Adirondack park shaving 2within its
boundaries 3state lands assessed at more than five per centum of
the total assessed valuation of the town, shall hereafter contract any
debt or debts which shall exceed the sum of three thousand dollars
1 Word "and" omitted.
2 Words "state lauds" omitted.
Words "state lands assessed at more than five per centum of the total
assessed valuation of the town," inserted.
Preview
FILED: NEW YORK COUNTY CLERK 10/18/2023 12:09 PM INDEX NO. 158194/2023 NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 10/18/2023 EXHIBIT K FILED: NEW YORK COUNTY CLERK 10/18/2023 12:09 PM INDEX NO. 158194/2023 NYSCEF DOC. NO. Case 17 7:22-cv-02761-NSR Document 23-2 Filed 10/25/22 Page 20 of NYSCEF: RECEIVED 65 10/18/2023 1156 LAWS of NEW YORK, 1937 [NAP. stockholders or shareholders, or members of their immediate families, except 'that such interest °may, in any event, be deducted up to an amount not exceeding one thousand dollars. The pro- visions of the clause numbered " (6) " of the preceding sentence shall not apply :n computing the "entire net income" of so-called investment trusts, corporate or non-corporate, whose principal business consists of holding, buying and selling for their own account securities of other corporations. Bona fide gifts to a cor- poration, other than unpaid salaries or compensation due to offi- cers, for which no consideration has been given or made by the corporation itself, shall not constitute income nor be included in entire net income for the purposes of this section. § 2. This act shall take effect immediately. CHAPTER 500 AN ACT to amend the labor law, in relation to payment of wages Became a law May 22, 1937, with the approval of the Governor. Passed, three-fifths being present The People of the State of New York, represented in Renate and Assembly, do enact as follows: New ii 100, Section 1. Article six of chapter fifty of the laws of nineteen 109-a. hundred twenty-one, entitled "An act in relation to labor, con- added. stituting chapter thirty-one of the consolidated laws," as amended, is hereby amended by the addition of sections one hundred and ninety-nine and one hundred and ninety-nine-a, to read as follows: § 199. Additional powers of the commissioner with reference to the payment of wages. The commissioner shall have the follow- ing additional duties, powers and authority: 1. He shall investigate and first attempt equitably to adjust con- troversies between employer and employees in respect of wage claims. 2. He may take assignments of wage claims in trust for the assigning employee. All such assignments shall run to the com- missioner and his successors in office. The commissioner may sue employers on wage claims thus assigned with the benefits, and subject to the provisions of existing law applying to actions by employees for collection of wages. He may join in a single action any number of wage claims against the same employer. 3. He may institute proceedings on account of any criminal violation of any provision of this article relating to the payment of wages. 2 Words "that such" inserted. a Words "may, in any event, be deducted up to an amount not exceeding one thousand dollars" substituted for words "on moneys borrowed for ordinary expenses of the corporation". FILED: NEW YORK COUNTY CLERK 10/18/2023 12:09 PM INDEX NO. 158194/2023 NYSCEF DOC. NO. Case 17 7:22-cv-02761-NSR Document 23-2 Filed 10/25/22 Page 21 of NYSCEF: RECEIVED 65 10/18/2023 500] LAws OP NEW YORK, 1937 1157 4. If it shall appear to him that any employer has been con- victed of a violation of any provision of this article or that any judgment against an employer for non-payment of wages remains unsatisfied for a period of ten days after the time to appeal there- from has expired, and that no appeal therefrom is then pending, the commissioner may require such employer to deposit with him a bond in such sum as he may deem. sufficient and adequate in the circumstances, together with two or more sureties or a duly author- ized surety company, to be approved by the commissioner. The bond shall be payable to the commissioner and shall be conditioned that the employer will, for a definite future period, not exceeding six months, pay his employees in accordance with the provisions of this article, and shall be further conditioned upon the payment by the employer of any judgment which may be recovered against such employer pursuant to the provisions of this article, If within ten days after demand for such bond (which demand may be made by mail) such employer shall fail to deposit the same, the commissioner may bring an action in the name and on behalf of the people of the state of New York against such employer in the supreme court to compel such employer to furnish such a bond or to cease doing business until he has done so. The employer shall have the burden of proving that either such a bond is unnecessary or that the amount demanded is excessive. If the court finds that there is just cause for requiring the bond and that same is reasonably necessary or proper to secure prompt payment of the wages of the employees of such employer and his compliance with the provisions of this article, the court may enjoin such employer, whether an individual, partnership, corporation, com- pany, trust or association, and such other person or persons as may have been or may be concerned with or in any way participating in the failure to pay the wages resulting in the conviction or in the judgment as aforesaid, from doing business until the require- ment is met and make other and further orders appropriate to compel compliance with the requirement. § 199-a. Costs; remedies; discretion vested in commissioner; contingent fund. 1. In any action instituted upon a wage claim by an employee or the commissioner, the court may allow such employee if he prevails, in addition to all ordinary costs, a reason- able sum, not exceeding twenty-five dollars, for expenses which may be taxed as costs. No assignee of a wage claim, except the com- missioner, shall be benefited by this provision. 2. The remedies provided by this article may be enforced simultaneously or consecutively so far as not inconsistent with each other. 3. Nothing contained in section one hundred and ninety-nine immediately preceding shall be construed as requiring the commis- sioner in every instance to take assignments of wage claims or to institute criminal prosecutions as aforesaid, but he shall be deemed vested with discretion in such matters. 4. For the purpose of paying expenses and costs of the commis- sioner's proceedings under this act, there hereby is created a fund FILED: NEW YORK COUNTY CLERK 10/18/2023 12:09 PM INDEX NO. 158194/2023 NYSCEF DOC. NO. Case 17 7:22-cv-02761-NSR Document 23-2 Filed 10/25/22 Page 22 of NYSCEF: RECEIVED 65 10/18/2023 1158 LAWS OF NEW YORK, 1937 to be known as the wage enforcement contingent fund of the com- missioner, and to be payable at any time on approval of the com- missioner. This fund shall be self-sustaining, and the commis- sioner may deduct and retain from any moneys collected on each wage claim an amount not in excess of five per centum of the sums so collected. All such deductions from the sums collected, together with costs (except those provided in sub-division one of this sec- tion) and expenses pursuant to any court action, shall be paid by the commissioner into the state treasury and become a part of this fund. For the establishment of said contingent fund the sum of five thousand dollars ($5,000) hereby is appropriated to be placed to the credit of said contingent fund as a temporary loan and paid out on approval of the commissioner. This loan, so far as availed of, shall be repaid into the state treasury by applying any accumulations above five thousand dollars ($5,000) in said fund on the thirty-first day of December, nineteen hundred thirty- seven, and annually thereafter until repayment without interest is completed. Separability. § 2. Despite any determination that any provisions or any application of any provision, or any particular method of enforc- ing any provision of this act is unconstitutional, the remaining provisions and applications and methods of enforcement shall be unaffected and shall remain in full force and effect. § 3. This act shall take effect immediately. CHAPTER 501 AN ACT to amend the town law, in relation to limitation of indebtedness in Adirondack park Became a law May 22, 1037, with the approval of the Governor. Passed, three-fifths being present The People of the State o/ New York, represented in Senate and Assembly, do enact as follows: teu Section 1. Section one hundred nine of chapter six hundred amended. thirty-four of the laws of nineteen hundred thirty-two, entitled "An act relating to towns, constituing chapter sixty-two of the consolidated laws," is hereby amended to read as follows: s 109. Limitation of indebtedness in Adirondack park, No town including a portion of the Adirondack park shaving 2within its boundaries 3state lands assessed at more than five per centum of the total assessed valuation of the town, shall hereafter contract any debt or debts which shall exceed the sum of three thousand dollars 1 Word "and" omitted. 2 Words "state lauds" omitted. Words "state lands assessed at more than five per centum of the total assessed valuation of the town," inserted.