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New York · Through 2026-09-11

N.Y. Labor Law § 198-b: "Kick-back" of wages prohibited

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Where this section sits in the code
  1. Labor Law
  2. Article 6. Payment of Wages

§ 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.

Collected 2026-09-14T19:32:45Z. Source file · JSON

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