Bill Text: NY A03705 | 2009-2010 | General Assembly | Introduced


Bill Title: An act to amend the labor law, in relation to hours, wages and supplements for work on public work projects and the definition of public work

Spectrum: Partisan Bill (Democrat 20-0)

Status: (Introduced - Dead) 2010-01-06 - referred to labor [A03705 Detail]

Download: New_York-2009-A03705-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3705
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 28, 2009
                                      ___________
       Introduced  by M. of A. JOHN, NOLAN, SCHROEDER -- read once and referred
         to the Committee on Labor
       AN ACT to amend the labor law, in relation to hours, wages  and  supple-
         ments  for  work  on public work projects and the definition of public
         work
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Subdivision 2 of section 220 of the labor law, as amended
    2  by chapter 678 of the laws of 2007, is amended to read as follows:
    3    2. Each contract, LEASE, GRANT,  BOND,  COVENANT,  DEBT  AGREEMENT  OR
    4  PERMIT to which the state or a public benefit corporation or a municipal
    5  corporation  or  a  commission  appointed  pursuant  to  law is a party,
    6  INCLUDING ALL PROJECTS INVOLVING THE  CONSTRUCTION,  DEMOLITION,  RECON-
    7  STRUCTION,  EXCAVATION, REHABILITATION, REPAIR, RENOVATION OR ALTERATION
    8  OF A BUILDING, CHARTER SCHOOL OR IMPROVEMENT TO  PROPERTY  FINANCED,  IN
    9  WHOLE OR IN PART, THROUGH AN INDUSTRIAL DEVELOPMENT AGENCY, JOB DEVELOP-
   10  MENT  AUTHORITY, DORMITORY AUTHORITY, CORRECTIONAL AUTHORITY, OR SIMILAR
   11  PUBLIC ENTITY, and any contract for public work entered into by a  third
   12  party  acting  in  place  of,  on  behalf of and for the benefit of such
   13  public entity pursuant to any lease, permit or other  agreement  between
   14  such  third  party  and  the  public  entity,  and which may involve the
   15  employment of laborers, workers or mechanics shall contain a stipulation
   16  that no laborer, worker or mechanic in the  employ  of  the  contractor,
   17  subcontractor  or other person doing or contracting to do the whole or a
   18  part of the work contemplated by the  contract  shall  be  permitted  or
   19  required  to  work more than eight hours in any one calendar day or more
   20  than five days in any one week except in cases of extraordinary emergen-
   21  cy including fire, flood or danger to life or property. No  such  person
   22  shall  be so employed more than eight hours in any day or more than five
   23  days in any one week except in such emergency.  Extraordinary  emergency
   24  within the meaning of this section shall be deemed to include situations
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05951-01-9
       A. 3705                             2
    1  in  which  sufficient laborers, workers and mechanics cannot be employed
    2  to carry on public work expeditiously as a result of  such  restrictions
    3  upon  the  number of hours and days of labor and the immediate commence-
    4  ment or prosecution or completion without undue delay of the public work
    5  is necessary in the judgment of the commissioner for the preservation of
    6  the  contract  site  and  for the protection of the life and limb of the
    7  persons using the same. Upon the application of any  person  interested,
    8  the  commissioner shall make a determination as to whether or not on any
    9  public project or on all public projects in  any  area  of  this  state,
   10  sufficient laborers, workers and mechanics of any or all classifications
   11  can  be  employed  to  carry  on  work  expeditiously  if their labor is
   12  restricted to eight hours per day and five days per  week,  and  in  the
   13  event  that  the  commissioner  determines that there are not sufficient
   14  workers, laborers and mechanics of any or all classifications which  may
   15  be  employed  to  carry  on  such  work  expeditiously if their labor is
   16  restricted to eight hours per day and five days per week, and the  imme-
   17  diate  commencement  or prosecution or completion without undue delay of
   18  the public work is necessary in the judgment of the commissioner for the
   19  preservation of the contract site and for the protection of the life and
   20  limb of the persons using the  same,  the  commissioner  shall  grant  a
   21  dispensation  permitting  all  laborers,  workers  and mechanics, or any
   22  classification of such laborers, workers and  mechanics,  to  work  such
   23  additional  hours  or  days  per  week on such public project or in such
   24  areas the commissioner shall determine. Whenever such a dispensation  is
   25  granted,  all  work  in  excess of eight hours per day and five days per
   26  week shall be considered overtime work, and the  laborers,  workers  and
   27  mechanics performing such work shall be paid a premium wage commensurate
   28  with  the  premium  wages  prevailing  in  the area in which the work is
   29  performed. No such dispensation shall be effective with respect  to  any
   30  public  work unless and until the department of jurisdiction, as defined
   31  in this section, certifies to the commissioner that such public work  is
   32  of  an  important  nature  and that a delay in carrying it to completion
   33  would result in serious disadvantage to the public.  Time  lost  in  any
   34  week   because   of  inclement  weather  by  employees  engaged  in  the
   35  construction, reconstruction and maintenance of highways outside of  the
   36  limits of cities and villages may be made up during that week and/or the
   37  succeeding three weeks.
   38    S  2.  Subdivision  2  of  section 220 of the labor law, as amended by
   39  chapter 851 of the laws of 1947, is amended to read as follows:
   40    2. Each contract, LEASE, GRANT,  BOND,  COVENANT,  DEBT  AGREEMENT  OR
   41  PERMIT to which the state or a public benefit corporation or a municipal
   42  corporation  or  a  commission  appointed  pursuant  to  law is a party,
   43  INCLUDING ALL PROJECTS INVOLVING THE  CONSTRUCTION,  DEMOLITION,  RECON-
   44  STRUCTION,  EXCAVATION, REHABILITATION, REPAIR, RENOVATION OR ALTERATION
   45  OF A BUILDING, CHARTER SCHOOL OR IMPROVEMENT TO  PROPERTY  FINANCED,  IN
   46  WHOLE OR IN PART, THROUGH AN INDUSTRIAL DEVELOPMENT AGENCY, JOB DEVELOP-
   47  MENT  AUTHORITY, DORMITORY AUTHORITY, CORRECTIONAL AUTHORITY, OR SIMILAR
   48  PUBLIC ENTITY, and which may involve the employment of laborers, workmen
   49  or mechanics shall contain a stipulation that  no  laborer,  workman  or
   50  mechanic  in the employ of the contractor, subcontractor or other person
   51  doing or contracting to do the whole or a part of the work  contemplated
   52  by  the  contract shall be permitted or required to work more than eight
   53  hours in any one calendar day or more than five days  in  any  one  week
   54  except  in  cases  of  extraordinary  emergency including fire, flood or
   55  danger to life or property. No such person shall  be  so  employed  more
   56  than  eight  hours  in  any  day  or more than five days in any one week
       A. 3705                             3
    1  except in such emergency. Extraordinary emergency within the meaning  of
    2  this  section  shall be deemed to include situations in which sufficient
    3  laborers, workmen and mechanics cannot be employed to  carry  on  public
    4  work  expeditiously  as a result of such restrictions upon the number of
    5  hours and days of labor and the immediate commencement or prosecution or
    6  completion without undue delay of the public work is  necessary  in  the
    7  judgment  of  the  [industrial] commissioner for the preservation of the
    8  contract site and for the protection of the life and limb of the persons
    9  using the same. Upon the  application  of  any  person  interested,  the
   10  [industrial]  commissioner  shall  make a determination as to whether or
   11  not on any public project or on all public projects in any area of  this
   12  state,  sufficient laborers, workmen and mechanics of any or all classi-
   13  fications can be employed to carry on work expeditiously if their  labor
   14  is  restricted to eight hours per day and five days per week, and in the
   15  event that the [industrial] commissioner determines that there  are  not
   16  sufficient workmen, laborers and mechanics of any or all classifications
   17  which may be employed to carry on such work expeditiously if their labor
   18  is  restricted  to  eight  hours per day and five days per week, and the
   19  immediate commencement or prosecution or completion without undue  delay
   20  of  the  public  work  is  necessary in the judgment of the [industrial]
   21  commissioner for the preservation of  the  contract  site  and  for  the
   22  protection  of  the  life  and  limb  of the persons using the same, the
   23  [industrial] commissioner shall  grant  a  dispensation  permitting  all
   24  laborers, workmen and mechanics, or any classification of such laborers,
   25  workmen and mechanics, to work such additional hours or days per week on
   26  such public project or in such areas the [industrial] commissioner shall
   27  determine.  Whenever  such a dispensation is granted, all work in excess
   28  of eight hours per day and five days per week shall be considered  over-
   29  time  work, and the laborers, workmen and mechanics performing such work
   30  shall be paid  a  premium  wage  commensurate  with  the  premium  wages
   31  prevailing in the area in which the work is performed. No such dispensa-
   32  tion shall be effective with respect to any public work unless and until
   33  the department of jurisdiction, as defined in this section, certifies to
   34  the  [industrial]  commissioner that such public work is of an important
   35  nature and that a delay in carrying it to  completion  would  result  in
   36  serious  disadvantage  to  the  public. Time lost in any week because of
   37  inclement weather by  employees  engaged  in  the  construction,  recon-
   38  struction  and  maintenance  of highways outside of the limits of cities
   39  and villages may be made up during that week and/or the succeeding three
   40  weeks.
   41    S 3. Subdivision 5 of section 220 of  the  labor  law  is  amended  by
   42  adding a new paragraph m to read as follows:
   43    M.  "PUBLIC  WORK",  FOR  THE  INTENTS  AND  PURPOSES OF THIS ARTICLE,
   44  INCLUDES ALL WORK PERFORMED UNDER EACH CONTRACT TO WHICH THE STATE OR  A
   45  PUBLIC  BENEFIT  CORPORATION  OR A MUNICIPAL CORPORATION OR A COMMISSION
   46  APPOINTED PURSUANT TO LAW IS A PARTY, INCLUDING ALL  PROJECTS  FINANCED,
   47  IN  WHOLE  OR  IN  PART,  THROUGH  AN INDUSTRIAL DEVELOPMENT AGENCY, JOB
   48  DEVELOPMENT AUTHORITY, DORMITORY AUTHORITY, CORRECTIONAL  AUTHORITY,  OR
   49  SIMILAR  PUBLIC ENTITY, THE ISSUANCE OF BONDS, GRANTS, TAX EXEMPTIONS OR
   50  ABATEMENTS OR OTHER FINANCIAL  SUBSIDIES,  AND  WHICH  MAY  INVOLVE  THE
   51  EMPLOYMENT  OF  LABORERS, WORKMEN OR MECHANICS, AS SET FORTH IN SUBDIVI-
   52  SION TWO OF THIS SECTION.   ADDITIONALLY,  "PUBLIC  WORK"  INCLUDES  ALL
   53  CONSTRUCTION,  DEMOLITION,  RECONSTRUCTION,  EXCAVATION,  REPAIR,  RENO-
   54  VATION, OR REHABILITATION OF BUILDINGS OR PROPERTY BY A PRIVATE OWNER OR
   55  DEVELOPER OR NOT-FOR-PROFIT ENTITY OR CHARTER SCHOOL THAT  IS  PERFORMED
   56  IN  CONJUNCTION WITH A STATE OR PUBLIC GRANT OR PURSUANT TO AN AGREEMENT
       A. 3705                             4
    1  FOR THE PURCHASE OR LEASING OF SUCH BUILDINGS OR PROPERTY BY  THE  STATE
    2  OR  A  PUBLIC  BENEFIT  CORPORATION,  OR  A  MUNICIPAL CORPORATION, OR A
    3  COMMISSION APPOINTED PURSUANT TO LAW, INCLUDING  INDUSTRIAL  DEVELOPMENT
    4  AGENCIES,  JOB  DEVELOPMENT  AUTHORITIES, DORMITORY AUTHORITIES, CORREC-
    5  TIONAL AUTHORITIES, OR SIMILAR ENTITIES.
    6    S 4. This act shall take effect immediately; provided that the  amend-
    7  ments  to  subdivision 2 of section 220 of the labor law made by section
    8  one of this act shall be subject to the expiration and reversion of such
    9  subdivision pursuant to section 5 of chapter 678 of the laws of 2007, as
   10  amended, when upon such date the provisions of section two of  this  act
   11  shall take effect.
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