Employment contract requirements.
Summary
Existing statutory law, which has been held invalid by existing case law, requires an employer who has no permanent and fixed place of business in the state and who enters into a contract of employment involving commissions as a method of payment with an employee for services to be rendered within the state to put the contract in writing and to set forth the method by which the commissions are required to be computed and paid. An employer who does not comply with those requirements is liable to the employee in a civil action for triple damages. This bill would, by January 1, 2012, make this contract requirement applicable to all employers entering into a contract of employment involving commissions as a method of payment with an employee for services to be rendered in the state.
Bill status
vetoed
4 of 5 stages cleared
Introduction
Feb 2010
Committee Review
Jun 2010
Senate Passage
May 2010
Assembly Passage
Aug 2010
Vetoed
Sep 2010
Introduced Feb 19, 2010
Vetoed Sep 27, 2010
Floor votes · Senate May 28, 2010 · Assembly Aug 16, 2010
How they voted
22–7
Passed · 9 other
Total votes 38
May 28, 2010
D
Democratic25
88% Yea
R
Republican13
53% Nay
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
25
Key actions
5
Committee
3
Amendments
1
Sep 27, 2010
Vetoed
In Senate. To unfinished business. (Veto)
upper
Sep 25, 2010
Vetoed
Vetoed by Governor.
upper
Aug 25, 2010
Introduced
Senate concurs in Assembly amendments. (Ayes 22. Noes 13. Page 4879.) To enrollment.
upper
Aug 16, 2010
Assembly · Passed
Assembly Vote: pass (43-25-5)
assembly
Jun 24, 2010
Lower · Passed
(Heard in committee on June 23.)
lower
Jun 24, 2010
Lower · Passed
From committee: Do pass. (Ayes 4. Noes 0.)
lower
May 28, 2010
Senate · Passed
Senate Vote: pass (22-7-9)
senate
May 3, 2010
Upper · Passed
From committee: Do pass. (Ayes 4. Noes 0. Page 3429.)
upper
Feb 19, 2010
Introduced
Introduced. Read first time. To Com. on RLS. for assignment. To print.
upper
1 primary · 0 co-sponsors
Sponsors
Role
Legislator
Party
State
District
P
Denise Moreno Ducheny
DDemocratic
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