Preview
FILED: NEW YORK COUNTY CLERK 11/02/2023 09:37 PM INDEX NO. 158194/2023
NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 11/02/2023
Exhibit D
FILED: NEW YORK COUNTY CLERK 11/02/2023 09:37 PM INDEX NO. 158194/2023
NYSCEF DOC. NO. 32
APPROVAL
;, (oRECEIVED NYSCEF: 11/02/2023
CHAPTER
3rd Rdg. 902 Print 56t!3, 6569 Intro. 5337
IN ASSEMBLY
February 21, 1967
lntrodw·ed bv Mr. I<'.• \. ( \\ HHOLL--ri>,HI 01H·1' and rPf(•ne,1 to
the CommhtPP on Labor and lntlnstri(•s-rq,urt,,,l from ,·om-
mitteP, adrn.m•Pd to a third rPading-, amPJHIPd and or,l,n•ed
reprinted, rt•taining its pla,•f' on tlu• onkr uf t liir!! rt>ading
AN ACT i
i
To amendthe labor law, in relation to damagesfor failure·to 6
pay wages and minimumwages ,. .
-------------- --·.
c,~m~ed
. ·- . ..[._ .
"-!_.:;~/
t
~ct. Alr~L;/
L. ..
,,. .
;{4.A
= A&.Z
::~~ ..J............
_ '."'
No. o! ~;Lted
hmm................
..c.... ,,,m:,...,~
No. of exposure11 1,
~x,•lusive of hilh ·•~aeeaH!tHO•••Ho••HtofflS• 411ua-oo••PtU<'
Digitized by the New York State Library from the Library's collections.
FILED: NEW YORK COUNTY CLERK 11/02/2023 09:37 PM INDEX NO. 158194/2023
NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 11/02/2023
Department~ Agencie~
_,,' ~ -
//''f.t. Governor Judicial Conf
·--1/ Attorney General ,,,Law Revision Comm.
·-- 't.1dget // --✓- BSOC •. of the Bar, NYC
· mptroller ;··Y. Co. Lawyers~
--~Mr. Marshall N ..Y. State Bar
-------------~-----a --- Ag. ,r:;., Marketa
Nassau County Bar
N.Y. Crim. Cts. Assoc.
-- D. A. Assoc. ·
--IIBanking - .., ... Magistrate~ A.ssoc.
- '9 Iii
C1v11 Service co. ,Judges Ass~c.
·-- Commerce surrogates Assoc.
Cons~rvation
Cot""rtct:ion
Education
lt~••
..
nsu:rance Municipal Cfficials I Groups
~·--·-- Labor Mental Hygiene __ Mayor of' _______ __
-----
~-..__
._......_,._ Motor Vehicle-a,
.,
__
··----·- Public
___ ,_,..,, Public
Se:rvice Comm.
Wol':'k5
...
..,. Social Welfare Co. Dd. of Supervisors
St~te
--- Tax & Pinanoe
Atomic Energy Town Supervisor of __ _
Civil De:renae
General Services
--- Housing
Invest lg at 1on
Liquor Auth.
Co. Atty.
--- Local Govrt
Mil. & Naval Mf. --- of
--- Parole
Regional Development
State Rent Comm. Conf. of l\'fayo:rts
St. Comm. For Human Right County Officers' Assoc.
St. Police
State Univ. --- Association of Towns
_-::::: Transportation
Veterans Aff.
--- Youth Div.
Advisory Council on
Joint Legia. Com. on
Comm
.. on
--- Temporary State
Digitized by the New York State Library from the Library's collections.
FILED: NEW YORK COUNTY CLERK 11/02/2023 09:37 PM INDEX NO. 158194/2023
NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 11/02/2023
Multiple memorandum received from the
State Comptroller dated
atatin~ the followin~ bill ls of
"No Interest" to the Department of
:udit and Control.
Intro No. Print No.
ibe ori~inal memorandum filed with:
/
i
Digitized by the New York State Library from the Library's collections.
FILED: NEW YORK COUNTY CLERK 11/02/2023 09:37 PM INDEX NO. 158194/2023
NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 11/02/2023
THE ASSEMBLY
STATE Of" NEW YORK
ALBANY
!"'RANK A, CARROLL
133!!!? DIS1'RICT
MONROE COUNTY
Honorable Robert R. Douglass
Executive Chamber
State Capitol
Albany, New York 12224
Dear Mr. Douglass:
Attached please find supporting memorandum
for Assembly Print 6569, Intro 5337, the
I
Governor's Program Bill.
Your consideration is appreciated.
Very truly yours,
Frank A. Carroll
March 31 9 1967
Digitized by the New York State Library from the Library's collections.
FAC/pc
FILED: NEW YORK COUNTYI,,'.CLERK 11/02/2023 09:37 PM INDEX NO. 158194/2023
NYSCEF DOC. NO. 32 "st.. . ,, I RECEIVED NYSCEF: 11/02/2023
I
·--·•·----··-····-:·:·"·:: .i.,._ ___ ,.l ..................... .
s. Int. :11,
2.Q
A. Int .. •;J,~37
-----------
HEMORAHDUM
RE: AN ACT amend the to labor law,
in :tt;;lation to damages for
failure to poy· wages and
rr.:i.nir,,u;;1 wages
~2..ose of the Bill:
This bill would amend the labor law to require an
cr:1:-,loyer to pay liquidated damages £or willful violations of
ti::.c- wage payment and m1.n1:a-.uraw:lge laws, thereby improving
cc.-::.pliance with such laws.
_Su:-:r.1ary of Provisions o~ the Bill:
This bill would allow an employ~e who is successful
in :1 suit against his employer en a wnge claim to recover in
ce:ct~in cases, in add it io'i.1 to his cl.:iio, and the limited cost:s
wl1ich are allowed, an additio:.1.:11 amount as liquidated damcg..:!5
of 25% of the amount found to be du~.
St.~tement in Support:: of the Bill,:
Under present New York law, cm employee suing his
e:-;.ployer on a wage claim i.s limit.ed in his recovery tC\ the
a::.'.'.)unt of the claim plus costs, which -may not exceed $50~
TL is rule applies both to non-pnyr.~ent of wages and under-
p~yment of wages,
The imposition of stronger sanctions against an
e~.,ployer for willful failure to pay wnges or to pay the minimur.i
w,:-•;;e, should result in greater compliance with the law.. ':..i1e
iwposition of liquidated damages will Qlso compensate the
er;;9loyee for the 1011 of the use of the money to which he was
;
er1titled.. ..
Digitized by the New York State Library from the Library's collections.
FILED: NEW YORK COUNTY CLERK 11/02/2023 09:37 PM INDEX NO. 158194/2023
NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 11/02/2023
oma; or
THE INDUSTRIALCOMMISSIONER
ALBANY
DEPARTMENT
OF LABOR April 5, 1967
ASSEMBLY: A.I. 5337
Pr. 6569 Introduced by: ML. F. A. Carroll
RECOMMENDATION:Approval. This bill is part of the Govenwr I
s program.
STATUTESINVOLVED:
Labor Law Section 198, Subdivision 1-a (New}.
EFFECTIVEDATE: October 1, 1967.
DISCUSSION:
1. Purpose of bi~l:
To assist the enforcement of the wage payment and minimum wage payr.1ent laws by
imposing greater sanctions on employers for violation of those laws.
2. Summary of provisions of bill:
An employee now suing an employer on a wage claim is limited in his recovery to the
amount of the claim plus costs (not to exceed $50). Likewise, an employee n~w suing
an employer who has failed to pay him the minimum wage is limited in his recovery to
the amount of such underpayment.
This bill allows recovery by the employee or by the Industrial Commissioner on behalf
of the employee of an additional amount as liquidated damages of 25% of the amount
found to be .:iue.
3. Jrior legislative history:
This bill has not been introduced previously.
4. Known position of others respecting bill:
This bill is supported by the State AFL-CIO.
5. Budget implications:
None.
The absence of any interest provisions in connection with collection of b~ck wages
under the State Minim.um Wage Law encour11ges some few employers to vioh.te the statute
in the expectation that if they are caught, their sole obligation will be to pay the
back wages without interest. In any event, they will have had the free use of their
.-ploy•••' money for 1ome time and their employees will have been seriously
inconvaiienced. The calculation of interest on the money due would be di.fficult as it
would have accrued in small amount111week-by ..week. This bill follows the example of
th• Pederal lair Labor Standards Act in providing afi ea1ily-calculable formula for
liquidated d.. agee.
Digitized by the New York State Library from the Library's collections.
FILED: NEW YORK COUNTY CLERK 11/02/2023
- 2 - 09:37 PM INDEX NO. 158194/2023
NYSCEF DOC. NO. 32 . RECEIVED NYSCEF: 11/02/2023
~SSEMBLY: A .. I .. 5337
Pr. 6569 Introduced by: Mr. F. A. Carroll
7. ,Arguments in opposition to the bill:
Some p~rsons may claim that the imposition of liquidated damages is unreasonable,
that in some cases there are honest differences of opinion as to the amounts owed
to employees and that employees should not b~ penalized because of such differences
of opinion.
8. Reason for recommendation:
The imposition of stronger sanctions against an employer for his failure to pay
wages and for his failure to pay the minimum wage will result in greater compliance
by the employer and will render enforcement easier by the D~~artment. It will also
compensate the employee for the loss of the use of the money when it was due to him.
~ M. P. Catherwood
Industrial Commissioner
Digitized by the New York State Library from the Library's collections.
30-Da.y Bill 09:37 PM
FILED: NEW YORK COUNTY CLERK 11/02/2023 ~,
INDEX NO. 158194/2023
_-:j I ~;
NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 11/02/2023
s-201 (7/63}
\ . ~ ··"BUDGET REPORT ON BILLS S@nion Y~u,. 1967
:~.---,..)
..
SENATE ASSEMBLY
fr: Mr. carroll Pr: 6569
5337
Law: Labor SeetioH: 198(1-a)(new)., 663(1 and. 2)
1-2 ~.t. Subject amt Purpose:a.nd Summar rovi.sions: To impose a penalty
on the
employer 2 per cen o unpa wages when an employee wins a auit
for unpaid wages or wagea below the minimum.
3. Prior legislativ~ history: This is new legislation.
4. Arguments in su~;e,ort:
(a) This seems a reasonable pen
Preview
FILED: NEW YORK COUNTY CLERK 11/02/2023 09:37 PM INDEX NO. 158194/2023 NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 11/02/2023 Exhibit D FILED: NEW YORK COUNTY CLERK 11/02/2023 09:37 PM INDEX NO. 158194/2023 NYSCEF DOC. NO. 32 APPROVAL ;, (oRECEIVED NYSCEF: 11/02/2023 CHAPTER 3rd Rdg. 902 Print 56t!3, 6569 Intro. 5337 IN ASSEMBLY February 21, 1967 lntrodw·ed bv Mr. I<'.• \. ( \\ HHOLL--ri>,HI 01H·1' and rPf(•ne,1 to the CommhtPP on Labor and lntlnstri(•s-rq,urt,,,l from ,·om- mitteP, adrn.m•Pd to a third rPading-, amPJHIPd and or,l,n•ed reprinted, rt•taining its pla,•f' on tlu• onkr uf t liir!! rt>ading AN ACT i i To amendthe labor law, in relation to damagesfor failure·to 6 pay wages and minimumwages ,. . -------------- --·. c,~m~ed . ·- . ..[._ . "-!_.:;~/ t ~ct. Alr~L;/ L. .. ,,. . ;{4.A = A&.Z ::~~ ..J............ _ '."' No. o! ~;Lted hmm................ ..c.... ,,,m:,...,~ No. of exposure11 1, ~x,•lusive of hilh ·•~aeeaH!tHO•••Ho••HtofflS• 411ua-oo••PtU<' Digitized by the New York State Library from the Library's collections. FILED: NEW YORK COUNTY CLERK 11/02/2023 09:37 PM INDEX NO. 158194/2023 NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 11/02/2023 Department~ Agencie~ _,,' ~ - //''f.t. Governor Judicial Conf ·--1/ Attorney General ,,,Law Revision Comm. ·-- 't.1dget // --✓- BSOC •. of the Bar, NYC · mptroller ;··Y. Co. Lawyers~ --~Mr. Marshall N ..Y. State Bar -------------~-----a --- Ag. ,r:;., Marketa Nassau County Bar N.Y. Crim. Cts. Assoc. -- D. A. Assoc. · --IIBanking - .., ... Magistrate~ A.ssoc. - '9 Iii C1v11 Service co. ,Judges Ass~c. ·-- Commerce surrogates Assoc. Cons~rvation Cot""rtct:ion Education lt~•• .. nsu:rance Municipal Cfficials I Groups ~·--·-- Labor Mental Hygiene __ Mayor of' _______ __ ----- ~-..__ ._......_,._ Motor Vehicle-a, ., __ ··----·- Public ___ ,_,..,, Public Se:rvice Comm. Wol':'k5 ... ..,. Social Welfare Co. Dd. of Supervisors St~te --- Tax & Pinanoe Atomic Energy Town Supervisor of __ _ Civil De:renae General Services --- Housing Invest lg at 1on Liquor Auth. Co. Atty. --- Local Govrt Mil. & Naval Mf. --- of --- Parole Regional Development State Rent Comm. Conf. of l\'fayo:rts St. Comm. For Human Right County Officers' Assoc. St. Police State Univ. --- Association of Towns _-::::: Transportation Veterans Aff. --- Youth Div. Advisory Council on Joint Legia. Com. on Comm .. on --- Temporary State Digitized by the New York State Library from the Library's collections. FILED: NEW YORK COUNTY CLERK 11/02/2023 09:37 PM INDEX NO. 158194/2023 NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 11/02/2023 Multiple memorandum received from the State Comptroller dated atatin~ the followin~ bill ls of "No Interest" to the Department of :udit and Control. Intro No. Print No. ibe ori~inal memorandum filed with: / i Digitized by the New York State Library from the Library's collections. FILED: NEW YORK COUNTY CLERK 11/02/2023 09:37 PM INDEX NO. 158194/2023 NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 11/02/2023 THE ASSEMBLY STATE Of" NEW YORK ALBANY !"'RANK A, CARROLL 133!!!? DIS1'RICT MONROE COUNTY Honorable Robert R. Douglass Executive Chamber State Capitol Albany, New York 12224 Dear Mr. Douglass: Attached please find supporting memorandum for Assembly Print 6569, Intro 5337, the I Governor's Program Bill. Your consideration is appreciated. Very truly yours, Frank A. Carroll March 31 9 1967 Digitized by the New York State Library from the Library's collections. FAC/pc FILED: NEW YORK COUNTYI,,'.CLERK 11/02/2023 09:37 PM INDEX NO. 158194/2023 NYSCEF DOC. NO. 32 "st.. . ,, I RECEIVED NYSCEF: 11/02/2023 I ·--·•·----··-····-:·:·"·:: .i.,._ ___ ,.l ..................... . s. Int. :11, 2.Q A. Int .. •;J,~37 ----------- HEMORAHDUM RE: AN ACT amend the to labor law, in :tt;;lation to damages for failure to poy· wages and rr.:i.nir,,u;;1 wages ~2..ose of the Bill: This bill would amend the labor law to require an cr:1:-,loyer to pay liquidated damages £or willful violations of ti::.c- wage payment and m1.n1:a-.uraw:lge laws, thereby improving cc.-::.pliance with such laws. _Su:-:r.1ary of Provisions o~ the Bill: This bill would allow an employ~e who is successful in :1 suit against his employer en a wnge claim to recover in ce:ct~in cases, in add it io'i.1 to his cl.:iio, and the limited cost:s wl1ich are allowed, an additio:.1.:11 amount as liquidated damcg..:!5 of 25% of the amount found to be du~. St.~tement in Support:: of the Bill,: Under present New York law, cm employee suing his e:-;.ployer on a wage claim i.s limit.ed in his recovery tC\ the a::.'.'.)unt of the claim plus costs, which -may not exceed $50~ TL is rule applies both to non-pnyr.~ent of wages and under- p~yment of wages, The imposition of stronger sanctions against an e~.,ployer for willful failure to pay wnges or to pay the minimur.i w,:-•;;e, should result in greater compliance with the law.. ':..i1e iwposition of liquidated damages will Qlso compensate the er;;9loyee for the 1011 of the use of the money to which he was ; er1titled.. .. Digitized by the New York State Library from the Library's collections. FILED: NEW YORK COUNTY CLERK 11/02/2023 09:37 PM INDEX NO. 158194/2023 NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 11/02/2023 oma; or THE INDUSTRIALCOMMISSIONER ALBANY DEPARTMENT OF LABOR April 5, 1967 ASSEMBLY: A.I. 5337 Pr. 6569 Introduced by: ML. F. A. Carroll RECOMMENDATION:Approval. This bill is part of the Govenwr I s program. STATUTESINVOLVED: Labor Law Section 198, Subdivision 1-a (New}. EFFECTIVEDATE: October 1, 1967. DISCUSSION: 1. Purpose of bi~l: To assist the enforcement of the wage payment and minimum wage payr.1ent laws by imposing greater sanctions on employers for violation of those laws. 2. Summary of provisions of bill: An employee now suing an employer on a wage claim is limited in his recovery to the amount of the claim plus costs (not to exceed $50). Likewise, an employee n~w suing an employer who has failed to pay him the minimum wage is limited in his recovery to the amount of such underpayment. This bill allows recovery by the employee or by the Industrial Commissioner on behalf of the employee of an additional amount as liquidated damages of 25% of the amount found to be .:iue. 3. Jrior legislative history: This bill has not been introduced previously. 4. Known position of others respecting bill: This bill is supported by the State AFL-CIO. 5. Budget implications: None. The absence of any interest provisions in connection with collection of b~ck wages under the State Minim.um Wage Law encour11ges some few employers to vioh.te the statute in the expectation that if they are caught, their sole obligation will be to pay the back wages without interest. In any event, they will have had the free use of their .-ploy•••' money for 1ome time and their employees will have been seriously inconvaiienced. The calculation of interest on the money due would be di.fficult as it would have accrued in small amount111week-by ..week. This bill follows the example of th• Pederal lair Labor Standards Act in providing afi ea1ily-calculable formula for liquidated d.. agee. Digitized by the New York State Library from the Library's collections. FILED: NEW YORK COUNTY CLERK 11/02/2023 - 2 - 09:37 PM INDEX NO. 158194/2023 NYSCEF DOC. NO. 32 . RECEIVED NYSCEF: 11/02/2023 ~SSEMBLY: A .. I .. 5337 Pr. 6569 Introduced by: Mr. F. A. Carroll 7. ,Arguments in opposition to the bill: Some p~rsons may claim that the imposition of liquidated damages is unreasonable, that in some cases there are honest differences of opinion as to the amounts owed to employees and that employees should not b~ penalized because of such differences of opinion. 8. Reason for recommendation: The imposition of stronger sanctions against an employer for his failure to pay wages and for his failure to pay the minimum wage will result in greater compliance by the employer and will render enforcement easier by the D~~artment. It will also compensate the employee for the loss of the use of the money when it was due to him. ~ M. P. Catherwood Industrial Commissioner Digitized by the New York State Library from the Library's collections. 30-Da.y Bill 09:37 PM FILED: NEW YORK COUNTY CLERK 11/02/2023 ~, INDEX NO. 158194/2023 _-:j I ~; NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 11/02/2023 s-201 (7/63} \ . ~ ··"BUDGET REPORT ON BILLS S@nion Y~u,. 1967 :~.---,..) .. SENATE ASSEMBLY fr: Mr. carroll Pr: 6569 5337 Law: Labor SeetioH: 198(1-a)(new)., 663(1 and. 2) 1-2 ~.t. Subject amt Purpose:a.nd Summar rovi.sions: To impose a penalty on the employer 2 per cen o unpa wages when an employee wins a auit for unpaid wages or wagea below the minimum. 3. Prior legislativ~ history: This is new legislation. 4. Arguments in su~;e,ort: (a) This seems a reasonable pen