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.