Bill Text: NY S09056 | 2017-2018 | General Assembly | Introduced


Bill Title: Relates to additional information provided to employees on public work contracts, including supplements.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2018-06-15 - REFERRED TO RULES [S09056 Detail]

Download: New_York-2017-S09056-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          9056
                    IN SENATE
                                      June 15, 2018
                                       ___________
        Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules
        AN ACT to amend the labor law, in  relation  to  additional  information
          provided to employees on public work contracts
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Paragraph (e) of subdivision 3 of section 220 of the  labor
     2  law,  as amended by chapter 7 of the laws of 2008, is amended to read as
     3  follows:
     4    (e) The commissioner shall ensure that all supplements due under  this
     5  article  shall  be  paid to or on behalf of an employee. (i) The commis-
     6  sioner shall require proof that the pension plan for which  any  supple-
     7  ment has been paid is qualified as a bona fide plan by the United States
     8  internal  revenue service. Acceptable proof shall be shown by submission
     9  of a determination letter issued by the United States  internal  revenue
    10  service.  (ii)  The  commissioner  shall  also require any contractor or
    11  subcontractor who provides any supplement which is part of a fund,  plan
    12  or  program  to furnish to the commissioner proof that the supplement is
    13  provided through a fund, plan or program and the amount  contributed  on
    14  the employees' behalf to such fund, plan or program.
    15    § 2. Subparagraphs (ii) and (iii) of paragraph a of subdivision 3-a of
    16  section 220 of the labor law, subparagraph (ii) as separately amended by
    17  chapters  7 and 63 of the laws of 2008 and subparagraph (iii) as amended
    18  by chapter 8 of the laws of 2008, are amended to read as follows:
    19    (ii) The contractor and every sub-contractor on public works contracts
    20  shall post in a prominent and accessible place on  the  site  where  the
    21  work  is performed a legible statement of all wage rates and supplements
    22  as specified in the contract to be paid or provided, as the case may be,
    23  for the various classes of mechanics, workers, or laborers  employed  on
    24  the  work.  Such  posted statement shall be written in plain English and
    25  titled, in lettering no smaller than two inches in height and two inches
    26  in width, with the phrase "Prevailing Rate of Wages". Such posted state-
    27  ment shall be constructed of materials capable of  withstanding  adverse
    28  weather conditions. The contractor and every sub-contractor shall notify
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16133-03-8

        S. 9056                             2
     1  all  laborers,  workers  or  mechanics in their employ in writing of the
     2  prevailing rate of wage and supplements for their particular job classi-
     3  fication. Such notification shall be given to every laborer,  worker  or
     4  mechanic  upon  hire,  on  their  first pay stub and with every pay stub
     5  thereafter, and shall set forth the  amounts  paid  per  hour  for  each
     6  supplement  provided  for  his  or  her particular job classification in
     7  accordance with the schedules determined by  the  fiscal  officer.  Such
     8  notification shall be provided in English and in the language identified
     9  by each employee as the primary language of such employee. At the begin-
    10  ning  of  performance of every public works contract, and with the first
    11  paycheck after July first of each year, the contractor  and  every  sub-
    12  contractor  shall  notify  all laborers, workers, and mechanics in their
    13  employ in writing, in English and in the  language  identified  by  each
    14  employee  as  the  primary language of such employee, in accordance with
    15  such form as is prescribed by  the  fiscal  officer,  of  the  telephone
    16  number  and address for the fiscal officer. The notice shall also inform
    17  each laborer, worker, or mechanic of his or her  right  to  contact  the
    18  fiscal  officer or some other representative if, at any time while work-
    19  ing for the public works contractor or sub-contractor, he  or  she  does
    20  not  receive  the proper prevailing rate of wages or supplements for his
    21  or her particular job classification that  he  or  she  is  entitled  to
    22  receive  under  the  contract. If after investigation the fiscal officer
    23  finds that a contractor or sub-contractor has  (1)  failed  to  post  or
    24  provide  any  notice  required  under this subdivision, including having
    25  failed to provide any such notice  in  the  language  identified  by  an
    26  employee  as  the  primary  language of such employee, (2) failed to set
    27  forth the prevailing wage or the breakdown of  supplements  on  the  pay
    28  stub,  (3) [wilfully] willfully posted the incorrect prevailing wage, or
    29  (4) [wilfully] willfully set forth the incorrect prevailing wage or  the
    30  amounts  paid  per  hour for each supplement on the pay stub, the fiscal
    31  officer[,] shall, by an order  which  shall  describe  particularly  the
    32  nature of the alleged violation, assess the contractor or sub-contractor
    33  a civil penalty of not more than fifty dollars upon the first finding of
    34  a  violation,  two  hundred  fifty  dollars upon the second finding of a
    35  violation, and five hundred dollars for each  subsequent  violation.  In
    36  assessing  the  amount of the penalty, the fiscal officer shall give due
    37  consideration to the size of the employer's business, the good faith  of
    38  the employer, and the gravity of the violation.
    39    (iii)  The  contractor  and  every  sub-contractor shall keep original
    40  payrolls or transcripts thereof, subscribed and sworn to or affirmed  by
    41  him  or  her  as  true under the penalties of perjury, setting forth the
    42  names and addresses and showing for each worker,  laborer,  or  mechanic
    43  the hours and days worked, the occupations worked, the hourly wage rates
    44  paid  and the supplements paid or provided. Such payrolls or transcripts
    45  thereof shall also set forth the amounts paid per hour for each  supple-
    46  ment  provided in accordance with the schedules determined by the fiscal
    47  officer. Where the contractor or  sub-contractor  maintains  no  regular
    48  place of business in New York state and where the amount of the contract
    49  is in excess of twenty-five thousand dollars such payrolls shall be kept
    50  on the site of the work.  All other contractors or sub-contractors shall
    51  produce  within  five days on the site of the work and upon formal order
    52  of the  commissioner  or  his  or  her  designated  representative  such
    53  original  payrolls  or  transcripts  thereof, subscribed and sworn to or
    54  affirmed by him or her as true under the penalties of perjury, as may be
    55  deemed necessary to adequately enforce the provisions of  this  article.
    56  Every  contractor, and sub-contractor, shall submit to the department of

        S. 9056                             3
     1  jurisdiction within thirty days after issuance of its first payroll, and
     2  every thirty days thereafter,  a  transcript  of  the  original  payroll
     3  record, as provided by this article, subscribed and sworn to or affirmed
     4  as  true  under  the penalties of perjury.  Every contractor and subcon-
     5  tractor shall submit to the commissioner, and  to  the  fiscal  officer,
     6  when  the  fiscal officer is a city comptroller or other analogous offi-
     7  cer, within thirty days of its first payroll, and annually thereafter, a
     8  transcript of the original payroll record, subscribed and  sworn  to  or
     9  affirmed  as  true under the penalties of perjury, including, documenta-
    10  tion of each fund, plan, or program for which any  supplement  has  been
    11  paid  or  provided. Such transcripts and additional information shall be
    12  provided on a  form  promulgated  by  the  department.  Any  person  who
    13  [wilfully] willfully fails to file such payroll records with the depart-
    14  ment of jurisdiction, commissioner, or the fiscal officer shall be guil-
    15  ty of a class E felony. In addition, any person who [wilfully] willfully
    16  fails  to  file  such  payroll records within the time specified in this
    17  subparagraph shall be subject to a civil penalty of up to  one  thousand
    18  dollars per day.
    19    §  3.  Subdivision  6  of  section 220 of the labor law, as amended by
    20  chapter 230 of the laws of 1984, is amended to read as follows:
    21    6. The fiscal officer[,] may, and on the written request of any inter-
    22  ested person shall, require any person or  corporation  performing  such
    23  public  work  to  file with such fiscal officer schedules of the supple-
    24  ments to be provided and wages to be paid to such laborers,  workmen  or
    25  mechanics,  including  information  regarding the amounts to be paid per
    26  hour for each supplement provided for each  particular  job  classifica-
    27  tion.  The  fiscal officer may, and on the written request of any inter-
    28  ested party shall, require and furnish proof of any supplements provided
    29  or amounts paid to or on behalf of  employees  in  satisfaction  of  the
    30  obligation to provide supplements under this section. Any such person or
    31  corporation  shall,  within ten days after the receipt of written notice
    32  of such requirement, file with the  fiscal  officer  such  schedules  of
    33  wages  and  supplements.  An employer may contest a determination by the
    34  fiscal officer under paragraphs a and c  of  subdivision  five  of  this
    35  section.  The employer must allege and prove by competent evidence, that
    36  the actual percentage of workers, laborers or  mechanics  is  below  the
    37  required  thirty  per centum and during the pendency of any such contest
    38  and until final  determination  thereof,  the  work  in  question  shall
    39  proceed under the rate established by the fiscal officer.
    40    § 4. This act shall take effect on the one hundred eightieth day after
    41  it shall have become a law and shall only apply to public work contracts
    42  entered into on or after such effective date.
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