Bill Text: NY S02090 | 2019-2020 | General Assembly | Introduced

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

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO LABOR [S02090 Detail]

Download: New_York-2019-S02090-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          2090
                               2019-2020 Regular Sessions
                    IN SENATE
                                    January 22, 2019
                                       ___________
        Introduced  by  Sen.  RANZENHOFER -- 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 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    §  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.
                                                                   LBD01646-01-9
        S. 2090                             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    § 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    § 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.