Bill Text: NY S04590 | 2019-2020 | General Assembly | Introduced

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Bill Title: Requires state agencies to provide labor organizations with certified payroll records of the contractors hired to perform public work by such agency.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO LABOR [S04590 Detail]

Download: New_York-2019-S04590-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          4590
                               2019-2020 Regular Sessions
                    IN SENATE
                                     March 15, 2019
                                       ___________
        Introduced by Sens. PARKER, SEPULVEDA -- read twice and ordered printed,
          and when printed to be committed to the Committee on Labor
        AN ACT to amend the labor law, in relation to allowing certain organiza-
          tions  access  to  certified  payroll  records of companies performing
          public work
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Subdivision 7 of section 220 of the labor law, as amended
     2  by chapter 7 of the laws of 2008, is amended to read as follows:
     3    7. Compliance investigations. a. The fiscal officer as herein  defined
     4  shall  on a verified complaint in writing of any person interested or of
     5  any employee  organization  pursuant  to  subdivision  eight-d  of  this
     6  section,  and may on his own initiative cause a compliance investigation
     7  to be made to determine whether the contractor or  a  subcontractor  has
     8  paid  the  prevailing rate of wages and prevailing practices for supple-
     9  ments in the same trade or occupation in the locality within  the  state
    10  where  such  public  work  is  being  performed,  or  the hours of labor
    11  performed by the workmen, laborers and mechanics employed on such public
    12  work, or both.  The fiscal officer or his agents, examiners and  inspec-
    13  tors  may examine or cause to be examined the books and records pertain-
    14  ing to the rate of wages paid and supplements provided to the  laborers,
    15  workmen  and  mechanics  on  said  public  work  and  the hours of labor
    16  performed by such laborers, workmen and mechanics on said  public  work.
    17  The fiscal officer in such investigation shall be deemed to be acting in
    18  a judicial capacity, and shall have the right to issue subpoenas, admin-
    19  ister  oaths and examine witnesses. The enforcement of a subpoena issued
    20  under this section shall be regulated by  the  civil  practice  law  and
    21  rules.  Such fiscal officer shall make either an order, determination or
    22  any other disposition, including but  not  limited  to  an  agreed  upon
    23  settlement and/or stipulation, within six months from the date of filing
    24  of such verified complaint, and where a compliance investigation is made
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08792-01-9
        S. 4590                             2
     1  without  the  filing of a verified complaint, within six months from the
     2  date a compliance investigation is initiated  by  such  fiscal  officer.
     3  Upon the making of said order or determination, or upon arriving at such
     4  agreed  upon settlement and/or stipulation, a copy thereof shall be sent
     5  by certified mail, return receipt requested, by the fiscal officer:  (i)
     6  to  the person and employee organization, if any, who or which initiated
     7  the complaint, (ii) to the person or corporation, if any,  against  whom
     8  the complaint was brought, and (iii) where a compliance investigation is
     9  made  without  the filing of a complaint, to the person who or which was
    10  the subject of the compliance investigation.
    11    b. (i) An employee organization, which has been  certified  or  recog-
    12  nized  to  represent  employees  employed on public works contracts, may
    13  request of a state agency, public authority, or any other  state  entity
    14  authorized  to  let  out work on public works contracts, to be furnished
    15  with a copy of certified payroll records that have been provided to such
    16  agency, public authority, or any other state entity  authorized  to  let
    17  out  work  on public works contracts, by the contractor or subcontractor
    18  pertaining to a public works contract.
    19    (ii) If so requested, the agency, public authority, or any other state
    20  entity authorized to let  out  work  on  public  works  contracts,  must
    21  furnish  a  copy  of  such certified payroll records to the organization
    22  within thirty days of the receipt of such request.
    23    (iii) The certified payroll records must include at least the  follow-
    24  ing information:
    25    (1)  names  and addresses of all employees working on the public works
    26  project;
    27    (2) employee classifications;
    28    (3) hours employed on the public works project;
    29    (4) wage rate that has been paid to the employees;
    30    (5) supplemental wage rate that has been paid to the employees;
    31    (6) the rate of all other monies that were paid to employees.
    32    § 2. This act shall take effect immediately.