From NY Labor and Employer Lawyer Shirley Lin:
The article describes the key provisions of New York Assembly Bill 8045 (2013), legislation drafted by AALDEF, Chinese Staff & Workers’ Association, NMASS, Legal Aid, and UJC.
The anti-wage-theft proposal was designed based upon challenges advocates faced collecting from small businesses in particular. The bill:
- expands New York’s mechanic’s lien law to provide a “wage lien” for workers from any industry upon employer’s personal and real property;
- creates a new, more easily-attainable ground for attaching defendant employers’ assets pre-judgment in New York’s civil procedure law, in wage cases — a standard virtually identical to Connecticut’s more relaxed pre-judgment attachment standard;
- amends the Business Corporations Law to facilitate holding major corporate shareholders liable for unpaid wages; and
- creates a remedy similar to BCL Sec. 630 as applied to LLCs to hold members accountable for wage claims.
(h/t: Shirley Lin)
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