senate Bill S2248A

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

download pdf

Sponsor

Co-Sponsors

Bill Status


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

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.

do you support this bill?

Bill Details

Versions:
S2248
S2248A
Legislative Cycle:
2009-2010
Current Committee:
Assembly Labor
Law Section:
Labor Law
Laws Affected:
Amd ยง220, Lab L
Versions Introduced in 2007-2008 Legislative Cycle:
S6078

Sponsor Memo

BILL NUMBER: S2248A REVISED 05/05/10

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 in order to
improve compliance with the prevailing wage law.

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 types of work classifications
to be used, 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 :
This bill addresses the problem of public work contractors evading
their duty to pay the prevailing wage. Many responsible contractors
already utilize the type of contracts this bill mandates. However,
others do not, and take advantage of the absence of such a contract.
For example, a contractor may win a contract by submitting the low
bid, and then hire inexpensive subcontractors to perform the work
below the bid price, generating a profit for the contractor.
Unscrupulous contractors can further increase their profits by
misclassifying the subcontractors' employees as independent
contractors. As a result, enforcement of prevailing wage laws on
public work projects has become increasingly difficult.

This legislation will require contractors to use written agreements
that include the names and addresses of the parties, the type of
worker classifications to be used, and information concerning the
amount to be paid to the subcontractor. When misclassified workers
complain concerning the non-payment of prevailing wages, an
investigation must be undertaken by the labor enforcement authority.
By including this required information within a written subcontract,
the enforcement authority can investigate and resolve complaints more
effectively.

LEGISLATIVE HISTORY :
2009: S.248-A Reported from Labor and Codes to Finance; A.393 passed
Assembly
2008: S.6078 Advanced to 3rd Reading; A.2723 Passed Assembly
2006: S.6995 passed Senate 61-0); A.8055 passed Assembly 139-0); Veto
302.

FISCAL IMPLICATIONS :
None.

EFFECTIVE DATE :
180 days after becoming law.
view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 2248--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 13, 2009
                               ___________

Introduced  by  Sens. ONORATO, ADDABBO, SAVINO -- read twice and ordered
  printed, and when printed to be committed to the Committee on Labor --
  reported favorably from said committee and committed to the  Committee
  on  Codes  -- committee discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

AN ACT to amend the labor law, in relation to requiring a written agree-
  ment for any work sub-contracted out on a public works project

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.    Section 220 of the labor law is amended by adding a new
subdivision 4-a to read as follows:
  4-A. 1. NO CONTRACTOR OR SUB-CONTRACTOR CAN ENGAGE A SUB-CONTRACTOR OR
ANY PERSON TO PERFORM THE WHOLE  OR  ANY  PART  OF  A  PUBLIC  WORKS  OR
IMPROVEMENT SUB-CONTRACT EXCEPT PURSUANT TO A WRITTEN AGREEMENT.
  2.  THE  TERMS AND CONDITIONS OF SUCH AGREEMENT SHALL INCLUDE, BUT NOT
BE LIMITED TO:
  A. THE NAMES OF THE PARTIES;
  B. THE OFFICE ADDRESSES OF THE PARTIES, WHICH  SHALL  NOT  BE  A  POST
OFFICE BOX;
  C.  IF THE SUB-CONTRACTOR IS NOT A CORPORATION, THE NAMES OF THE INDI-
VIDUAL OWNERS OR PARTNERS AND THEIR HOME ADDRESSES;
  D. THE TAX IDENTIFICATION NUMBER OF THE SUB-CONTRACTOR;
  E. A DESCRIPTION OF THE PUBLIC WORK OR IMPROVEMENT TO BE PERFORMED;
  F. THE WORK LOCATION OR SITE WHERE THE PUBLIC WORK OR  IMPROVEMENT  IS
TO BE SITUATED, ERECTED OR USED;
  G.  THE AMOUNT OF PAYMENT TO THE SUB-CONTRACTOR OR THE MANNER IN WHICH
SUCH PAYMENT WILL BE DETERMINED;
  H. THE TYPES OF WORK CLASSIFICATIONS OF EMPLOYEES UNDER  THE  SUB-CON-
TRACT; AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02550-02-9

S. 2248--A                          2

  I.  AN  AGREEMENT TO ABIDE BY AND COMPLY WITH ALL APPLICABLE STATE AND
FEDERAL LABOR LAWS, INCLUDING PREVAILING WAGE LAWS AND POSTING  REQUIRE-
MENTS.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law, and shall apply to contracts entered into on
or after such effective date.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.