Gov nixes wage bill, says it’s not ready

A bill that would have let workers put liens on employers for illegally withholding wages was vetoed at the last minute by Gov. Cuomo.

The bill, vetoed Tuesday and known as the SWEAT Act, would have given aggrieved workers the ability to seek payment from the 10 largest shareholders of entities accused of failing to pay wages and overtime pay.

Assemblywoman Linda Rosenthal, who has pushed various forms of the legislation for the last six years, voiced disappointment over the decision but said she’s hopeful it will be signed into law this year.

“Many, many workers are very upset today,” she said. “But I’m going to continue to fight.”

She and other proponents have been pushing the bill because workers often don’t get paid back wages, even after court rulings in their favor. A 2015 study conducted by the National Center for Law and Economic Justice found that even when workers prevail in New York State wage theft cases, more than $126 million owed to them had not been paid out.

Rosenthal (D-Manhattan) said she spoke with Cuomo late Wednesday night, shortly after his decision to veto the bill, and that he assured her he’s committed to “get this done in 2020.”

In a Jan. 1-dated veto memo, Cuomo said he supports the bill’s intent

“wholeheartedly” but that it was not yet ready because under it liens could be applied prior to judicial decisions, “raising due process concerns.”

“There are several technical aspects of this bill which give rise to concerns that a court would find this law unconstitutional,” he said in the memo. “Getting a result on this legislation will change lives, and is too important to risk its viability in the court system.”

Cuomo also noted that he plans to include revamped legislation in his executive budget later this year.

Rosenthal’s bill passed the state Senate for the first time during the last legislative session, sparking hopes among proponents that it would gain passage before the New Year.