Approved May 31, 2022
RESOLUTION OF THE GREATER UTICA CHAMBER OF COMMERCE OPPOSING THE CREATION OF EMPLOYEE LIENS OVER WAGE DISPUTES
WHEREAS, the New York Legislature is currently considering Senate Bill S-2762 and Assembly Bill A-766, which would permit an employee to file an “employee lien” against an employer for alleged violations of New York Labor Law pertaining to wage orders promulgated by the Commissioner of Labor; and
WHEREAS, the Senate bill matches an Assembly bill known as the Securing Wages Earned Against Theft (SWEAT) bill that would allow an employee to file a claim without proving, or even making a threshold evidentiary showing, that the alleged employer violated the Labor Law or has, in fact, improperly withheld any wages; and
WHEREAS, such an employee lien could be held against the employer’s interest in real property and personal property, and in effect, could prevent an employer from conveying, selling or transferring real or personal property while the employee lien is in place; and
WHEREAS, substantially similar legislation was passed in 2019 and vetoed by then-Governor Andrew Cuomo who cited both technical and constitutional concerns against the rights of employers; and
WHEREAS, this proposed legislation would cause even further harm to the business climate in New York State and would make the state even less business friendly and competitive than it is currently;
NOW THEREFORE BE IT RESOLVED that the Greater Utica Chamber of Commerce opposes any legislation that would allow employees to file liens against the business and personal assets and financial interests of employers over wage disputes within the State of New York.