2013 New York Consolidated Laws
LAB - Labor
Article 6 - (190 - 199-A) PAYMENT OF WAGES
198-B - "Kick-back" of wages prohibited.


NY Lab L § 198-B (2012) What's This?
 
    §  198-b. "Kick-back" of wages prohibited. 1. As used in this section,
  the term "person" shall  include  any  firm,  partnership,  association,
  corporation or group of persons.
    2.  Whenever  any  employee  who  is engaged to perform labor shall be
  promised an agreed rate of wages  for  his  or  her  services,  be  such
  promise  in writing or oral, or shall be entitled to be paid or provided
  prevailing wages or supplements pursuant to article  eight  or  nine  of
  this  chapter,  it  shall  be  unlawful  for any person, either for that
  person or any other person,  to  request,  demand,  or  receive,  either
  before  or  after  such  employee  is  engaged,  a  return,  donation or
  contribution of any part  or  all  of  said  employee's  wages,  salary,
  supplements,   or   other   thing   of   value,   upon   the  statement,
  representation, or  understanding  that  failure  to  comply  with  such
  request or demand will prevent such employee from procuring or retaining
  employment.  Further,  any  person  who  directly  or  indirectly  aids,
  requests or authorizes any other person to violate any of the provisions
  of this section shall be guilty of a violation of the provisions of this
  section.
    3. Whenever an agreement between a bona fide labor organization and an
  employer or an association of employers requires that employees shall be
  paid an agreed wage or rate of wages for their  services,  it  shall  be
  unlawful  for any person, either for that person or any other person, to
  request, demand or receive, either before  or  after  such  employee  is
  engaged, that such employee pay back, return, donate, contribute or give
  any  part  or all of said employee's wages, salary, supplements or thing
  of  value,  to  any  person,  upon  the  statement,  representation   or
  understanding  that  failure to comply with such requests or demand will
  prevent such employee from procuring or retaining  employment,  and  any
  person who directly or indirectly aids, requests or authorizes any other
  person  to violate any of the provisions of this section shall be guilty
  of a violation of the provisions of this section.
    4. The provisions of this section shall not  apply  to  any  agent  or
  representative  of  a  duly constituted labor organization acting in the
  collection of dues or assessments of such organization.
    5. A violation of the provisions of this section  shall  constitute  a
  misdemeanor.

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