senate Bill S2248

Amended

Requires that a contractor or sub-contractor may not engage another person to do work on a public works project unless it is pursuant to a written agreement

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 13 / Feb / 2009
    • REFERRED TO LABOR
  • 23 / Feb / 2009
    • REPORTED AND COMMITTED TO CODES
  • 05 / May / 2009
    • AMEND AND RECOMMIT TO CODES
  • 05 / May / 2009
    • PRINT NUMBER 2248A
  • 19 / May / 2009
    • REPORTED AND COMMITTED TO FINANCE
  • 06 / Jan / 2010
    • REFERRED TO LABOR
  • 20 / Jan / 2010
    • REPORTED AND COMMITTED TO CODES
  • 23 / Mar / 2010
    • REPORTED AND COMMITTED TO FINANCE
  • 03 / May / 2010
    • NOTICE OF COMMITTEE CONSIDERATION - REQUESTED
  • 11 / May / 2010
    • 1ST REPORT CAL.517
  • 12 / May / 2010
    • 2ND REPORT CAL.
  • 17 / May / 2010
    • ADVANCED TO THIRD READING
  • 01 / Jun / 2010
    • PASSED SENATE
  • 01 / Jun / 2010
    • DELIVERED TO ASSEMBLY
  • 02 / Jun / 2010
    • REFERRED TO LABOR

Summary

Requires that a contractor or sub-contractor may not engage another person to do work on a public works project unless it is pursuant to a written agreement.

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Bill Details

Versions:
S2248
S2248A
Legislative Cycle:
2009-2010
Current Committee:
Assembly Labor
Versions Introduced in 2007-2008 Legislative Cycle:
S6078

Sponsor Memo

BILL NUMBER: S2248 REVISED 02/26/09

TITLE OF BILL :
An act to amend the labor law, in relation to requiring a written
agreement for any work sub-contracted out on a public works project


PURPOSE OR GENERAL IDEA OF BILL :
To require a written agreement that specifies the parties and the work
to be performed by subcontractors on a public work project.

SUMMARY OF PROVISIONS :
Section 1 of the bill requires contractors and subcontractors to enter
into a written contract that includes the names of parties, their
office addresses, the tax identification number of the subcontractor,
the terms of work to be performed, the projected number of employees
and their work classifications, and an agreement to abide by all
applicable state and federal labor laws.

EXISTING LAW :
Article 8 of the Labor Law relating to public work does not require
written agreements between contractors and subcontractors.

JUSTIFICATION :
Enforcement of prevailing wage laws on public work projects has become
increasingly difficult. This legislation will require contractors to
set forth in a written agreement the terms of the project and work
classification information in such a way to improve compliance with
prevailing wage laws. It is not uncommon for employers on public work
projects to misclassify workers as independent contractors. When
workers complain that they are not being paid their prevailing wages,
an investigation must be undertaken by the labor enforcement
authority. In many cases, the available information is limited to the
names and classifications of workers. By requiring the parties to
provide written information including the projected workforce and
delivery schedule, and the location and description of services, the
enforcement authority can investigate and resolve complaints more
quickly and effectively. Where liability for non-payment is found,
the availability of information concerning the owners and partners of
the employer help to expedite the recovery and return of the wages and
supplements owed to workers.

LEGISLATIVE HISTORY :
2008: S.6078 Advanced to 3rd Reading; A.2723 Passed Assembly
2006: S.6995 Passed Senate, A.8055 Passed Assembly; Veto
302.

FISCAL IMPLICATIONS :
None.

EFFECTIVE DATE :
This act shall take effect 180 days after it becomes law.
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