Section 198-B. "Kick-back" of wages prohibited  


Latest version.
  • 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.