Bill Text: NY A02929 | 2011-2012 | General Assembly | Amended

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Bill Title: Relates to providing notification of prevailing wage violation allegations.

Spectrum: Slight Partisan Bill (Democrat 3-1)

Status: (Introduced - Dead) 2012-01-04 - referred to labor [A02929 Detail]

Download: New_York-2011-A02929-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        2929--A
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 21, 2011
                                      ___________
       Introduced  by  M.  of  A.  ZEBROWSKI  --  read once and referred to the
         Committee on Labor --  committee  discharged,  bill  amended,  ordered
         reprinted as amended and recommitted to said committee
       AN  ACT to amend the labor law, in relation to providing notification of
         prevailing wage violation allegations
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. Section 223 of the labor law, as amended by chapter 929 of
    2  the laws of 1935, is amended to read as follows:
    3    S 223. Enforcement of article. 1. If the  fiscal  officer  as  defined
    4  herein  finds  that  any  person contracting with the state, a municipal
    5  corporation, or any  commission  appointed  pursuant  to  law,  for  the
    6  performance  of  any  public  work  fails  to  comply with or evades the
    7  provisions of this article, he shall present evidence of  such  non-com-
    8  pliance  or  evasion  to  the  officer,  department, board or commission
    9  having charge of such work for enforcement.   [Wherein] SUBJECT  TO  THE
   10  PROVISIONS  OF  SUBDIVISION  TWO  OF THIS SECTION, WHEREIN such evidence
   11  indicates a non-compliance or evasion on the part of  a  sub-contractor,
   12  the  contractor shall be responsible for such non-compliance or evasion.
   13  It shall be the duty of any officer, department, board or commission  in
   14  charge  of the construction of such public work contracts to enforce the
   15  provisions of this article.
   16    2. NOTWITHSTANDING ANY OTHER PROVISION  OF  LAW  TO  THE  CONTRARY,  A
   17  CONTRACTOR  SHALL  BE RESPONSIBLE FOR THE NON-COMPLIANCE OR EVASION OF A
   18  SUBCONTRACTOR UNDER THIS ARTICLE ONLY IF THE EMPLOYEE OF THE SUBCONTRAC-
   19  TOR, OR THE EMPLOYEE'S  COLLECTIVE  BARGAINING  REPRESENTATIVE,  JOINTLY
   20  TRUSTEED  FUND OR ANY OTHER INTERESTED PARTY HAS PROVIDED VERIFIED WRIT-
   21  TEN NOTIFICATION TO THE CONTRACTOR OF SUCH NON-COMPLIANCE OR EVASION  IN
   22  ACCORDANCE  WITH THE PROVISIONS OF THIS SUBDIVISION. SUCH NOTICE MUST BE
   23  PROVIDED TO THE CONTRACTOR WITHIN ONE YEAR  OF  THE  DATE  OF  THE  LAST
   24  ALLEGED UNDERPAYMENT.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00568-02-1
       A. 2929--A                          2
    1    3.  NOTHING  CONTAINED  IN THIS SECTION SHALL BE DEEMED TO RELIEVE THE
    2  OBLIGATION OF A SUBCONTRACTOR TO PAY, AS  AN  EMPLOYER,  THE  WAGES  AND
    3  SUPPLEMENTS,  INCLUDING  ANY  INTEREST OR PENALTIES, REQUIRED TO BE PAID
    4  PURSUANT TO THIS ARTICLE. IN THE EVENT A CONTRACTOR UNDER  THIS  SECTION
    5  OR  SECTION  TWO HUNDRED TWENTY-G OF THIS ARTICLE IS REQUIRED TO PAY ANY
    6  WAGES, SUPPLEMENTS, INTEREST OR PENALTIES AS A RESULT OF THE  NONPAYMENT
    7  OF  A  SUBCONTRACTOR,  THE  CONTRACTOR  SHALL  HAVE  A  RIGHT  OF ACTION
    8  PERSONALLY AGAINST ANY OFFICER, OWNER OR PRINCIPAL OF SUCH SUBCONTRACTOR
    9  TO RECOVER SUCH PAYMENTS.
   10    S 2. Paragraphs (b) and (c) of subdivision 2 of  section  740  of  the
   11  labor  law, as added by chapter 660 of the laws of 1984, are amended and
   12  a new paragraph (d) is added to read as follows:
   13    (b) provides information to, or  testifies  before,  any  public  body
   14  conducting  an investigation, hearing or inquiry into any such violation
   15  of a law, rule or regulation by such employer; [or]
   16    (c) objects to, or refuses to participate in any such activity, policy
   17  or practice in violation of a law, rule or regulation[.]; OR
   18    (D) PROVIDES NOTICE, OR HAS NOTICE  PROVIDED  ON  HIS  OR  HER  BEHALF
   19  PURSUANT  TO  THE  PROVISIONS  OF SUBDIVISION TWO OF SECTION TWO HUNDRED
   20  TWENTY-THREE OF THIS CHAPTER.
   21    S 3. This act shall take effect on the sixtieth  day  after  it  shall
   22  have  become a law and shall be applicable to complaints of sub-contrac-
   23  tor non-compliance filed on and after such effective date.