NY State Assembly Bill 2009-A215

Assembly Bill A215

2009-2010 Legislative Session

Requires the posting of a statement of wage rates and supplements; provides penalties for failure to do so

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Archive: Last Bill Status - On Floor Calendar

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 22, 2010	3rd reading cal.254 substituted for s2904b
Mar 03, 2010	referred to codes delivered to senate passed assembly
Feb 22, 2010	amended on third reading 215b
Jan 12, 2010	amended on third reading 215a
Jan 06, 2010	ordered to third reading cal.8 returned to assembly died in senate
Nov 09, 2009	recommitted to rules substitution reconsidered
Jul 16, 2009	committed to rules
May 26, 2009	3rd reading cal.389 substituted for s2904
Mar 24, 2009	referred to labor delivered to senate passed assembly
Mar 19, 2009	advanced to third reading cal.254
Mar 17, 2009	reported
Feb 04, 2009	reported referred to codes
Jan 07, 2009	referred to labor

Bill Amendments

Original

B (Active)

2009-A215 - Details

See Senate Version of this Bill:: S2904
Law Section:: Labor Law
Laws Affected:: Amd §§220, 220-b, 231, 233, 234 & 235, Lab L
Versions Introduced in 2011-2012 Legislative Session:: A100

2009-A215 - Summary

Provides that the failure of a contractor or sub-contractor on a public works project to post a statement of wage rates and supplements shall be subject to prosecution as a misdemeanor and subject to a civil penalty of not less than five hundred nor more than one thousand dollars; provides for the maintenance and production on the job site of "sign-in" and "sign-out" sheets upon the request of the fiscal officer.

2009-A215 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   215

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  M.  of  A. LATIMER, JOHN, ORTIZ, COLTON -- read once and
  referred to the Committee on Labor

AN ACT to amend the labor law, in relation to making the failure to post
  a statement of wage rates and supplements subject to prosecution as  a
  misdemeanor  and subject to a civil penalty, and requiring maintenance
  and production on the job site of "sign-in" and "sign-out" sheets upon
  the request of the fiscal officer

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

  Section 1.  Subparagraphs (iii) and (iv) of paragraph a of subdivision
3-a of section 220 of the labor law, as amended by chapter 8 of the laws
of 2008, are amended to read as follows:
  (iii)  The  contractor  and  every  sub-contractor shall keep original
payrolls or transcripts thereof, subscribed and sworn to or affirmed  by
him  or  her  as  true under the penalties of perjury, setting forth the
names and addresses and showing for each worker,  laborer,  or  mechanic
the hours and days worked, the occupations worked, the hourly wage rates
paid  and the supplements paid or provided. Where the contractor or sub-
contractor maintains no regular place of business in New York state  and
where  the  amount  of the contract is in excess of twenty-five thousand
dollars such payrolls shall be kept on the site of the work.  All  other
contractors  or  sub-contractors  shall  produce within five days on the
site of the work and upon formal order of  the  commissioner  OR  FISCAL
OFFICER  or  his or her designated representative such original payrolls
or transcripts thereof, subscribed and sworn to or affirmed  by  him  or
her  as  true under the penalties of perjury, as may be deemed necessary
to adequately enforce the provisions of this article. Every  contractor,
and sub-contractor, shall submit to the department of jurisdiction with-
in  thirty  days  after  issuance of its first payroll, and every thirty
days thereafter,  a  transcript  of  the  original  payroll  record,  as

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

                                                           LBD01077-01-9

A. 215                              2

provided  by  this  article, subscribed and sworn to or affirmed as true
under the penalties of perjury. Any person who wilfully  fails  to  file
such payroll records with the department of jurisdiction shall be guilty
of  a class E felony. In addition, any person who wilfully fails to file
such payroll records within the  time  specified  in  this  subparagraph
shall  be  subject  to a civil penalty of up to one thousand dollars per
day.
  (iv) The department of jurisdiction shall be required to  collect  and
maintain  such  payroll  records  at the times specified in subparagraph
(iii) of this paragraph. The original payrolls or transcripts  shall  be
preserved by the department of jurisdiction for five years from the date
of  completion  of  the  work on the awarded contract. The department of
jurisdiction as herein referred to shall be the department of the state,
board or officer in the state, or municipal corporation or commission or
board appointed pursuant to law, whose duty it is to prepare  or  direct
the  preparation  of  the  plans  and  specifications  for a public work
project.   EVERY CONTRACTOR AND SUB-CONTRACTOR,  REGARDLESS  OF  WHETHER
SUCH  CONTRACTOR OR SUB-CONTRACTOR MAINTAINS A REGULAR PLACE OF BUSINESS
IN NEW YORK STATE, SHALL MAINTAIN ON THE SITE OF THE  WORK,  OR  ON  THE
SITE  WHERE WORKERS REPORT TO WORK, ORIGINAL SIGN-IN AND SIGN-OUT SHEETS
OR OTHER RECORDS REFLECTING THE ACTUAL DATES AND TIMES OF WORK,  INCLUD-
ING  ARRIVAL  AND DEPARTURE TIMES, OF ALL LABORERS, WORKERS OR MECHANICS
EMPLOYED ON THE PUBLIC WORK, AND THE OCCUPATION  IN  WHICH  THEY  WORKED
DURING  SUCH  TIMES,  AND  SHALL PRODUCE SUCH RECORDS ON THE SITE OF THE
WORK, OR ON THE SITE WHERE WORKERS REPORT TO WORK,  IMMEDIATELY,  UNLESS
ADDITIONAL  TIME  IS  GRANTED  FOR  GOOD  CAUSE SHOWN, UPON RECEIPT OF A
REQUEST BY THE FISCAL OFFICER TO PRODUCE SUCH RECORDS.  Each  department
of  jurisdiction  shall  designate  in writing an individual employed by
such department responsible for the receipt, collection and  review  for
facial  validity  of  payrolls. Said designation shall be filed with the
fiscal officer and posted in a conspicuous location at the project site.
If the designated individual cannot perform the receipt, collection  and
review  of certified payrolls duties as indicated above, for any reason,
including but not limited to reassignment, promotion or separation  from
employment,  the  department  of jurisdiction must immediately designate
another individual employed by such department to fulfill such responsi-
bilities. In the event that a department of jurisdiction fails  to  name
an  individual  responsible  for  the receipt, collection and review for
facial validity of payrolls, as set forth above, then the individual  so
responsible shall be the individual who is the chief policy-making indi-
vidual of such department of jurisdiction.
  S  2.  Paragraph c of subdivision 3-a of section 220 of the labor law,
as added by chapter 137 of the laws of  1985,  is  amended  to  read  as
follows:
  c. The fiscal officer may require any person or corporation performing
such  public  work  to  file  with the fiscal officer within ten days of
receipt of said request, payroll records, sworn to as to their  validity
and  accuracy,  [requested by the fiscal officer] OR OTHER RECORDS WHOSE
MAINTENANCE OR PRODUCTION IS REQUIRED PURSUANT TO PARAGRAPH  A  OF  THIS
SUBDIVISION,  for  said  public  work  or for any public or private work
performed by said person or corporation during the same period  of  time
as  said  public  work. In the event said person or corporation fails to
provide the requested information within the allotted ten days OR  FAILS
TO  PRODUCE RECORDS AS REQUIRED PURSUANT TO PARAGRAPH A OF THIS SUBDIVI-
SION, the fiscal officer shall, within fifteen days, order  the  depart-
ment of jurisdiction to immediately withhold from payment to said person

A. 215                              3

or  corporation  up  to twenty-five percent of the amount, not to exceed
one hundred thousand dollars, to be paid to said person  or  corporation
under  the  terms  of the contract pursuant to which said public work is
being performed. Said amount withheld shall be immediately released upon
receipt  by  the  department of jurisdiction of a notice from the fiscal
officer indicating that the request for records had been satisfied.
  S 3. Subdivision 7 of section 220 of the  labor  law,  as  amended  by
chapter 7 of the laws of 2008, is amended to read as follows:
  7.  Compliance  investigations.  The  fiscal officer as herein defined
shall on a verified complaint in writing of any person interested or  of
any  employee  organization  pursuant  to  subdivision  eight-d  of this
section, and may on his own initiative cause a compliance  investigation
to  be  made  to determine whether the contractor or a subcontractor has
paid the prevailing rate of wages and prevailing practices  for  supple-
ments  in  the same trade or occupation in the locality within the state
where such public work is being  performed,  [or]  the  hours  of  labor
performed  by  the [workmen] WORKERS, laborers and mechanics employed on
such public work, [or both] HAS POSTED A LEGIBLE STATEMENT OF  ALL  WAGE
RATES AND SUPPLEMENTS AS REQUIRED PURSUANT TO PARAGRAPH A OF SUBDIVISION
THREE-A  OF THIS SECTION OR HAS FAILED TO MAINTAIN OR PRODUCE RECORDS AS
REQUIRED PURSUANT TO PARAGRAPH A OF SUBDIVISION THREE-A OF THIS SECTION.
The fiscal officer or his agents, examiners and inspectors  may  examine
or  cause to be examined the books and records pertaining to the rate of
wages paid and supplements provided to the laborers,  [workmen]  WORKERS
and mechanics on said public work [and], the hours of labor performed by
such  laborers,  [workmen] WORKERS and mechanics on said public work AND
THE POSTING OF A LEGIBLE STATEMENT, IN A PROMINENT AND ACCESSIBLE  PLACE
ON  THE  SITE  OF SAID PUBLIC WORK, OF ALL WAGE RATES AND SUPPLEMENTS AS
SPECIFIED IN THE CONTRACT TO BE PAID OR PROVIDED, AS THE  CASE  MAY  BE,
FOR  THE  VARIOUS  CLASSES OF MECHANICS, WORKERS OR LABORERS EMPLOYED ON
SAID PUBLIC WORK.  The fiscal officer in  such  investigation  shall  be
deemed  to be acting in a judicial capacity, and shall have the right to
issue subpoenas, administer oaths and examine witnesses. The enforcement
of a subpoena issued under this section shall be regulated by the  civil
practice  law and rules. Such fiscal officer shall make either an order,
determination or any other disposition, including but not limited to  an
agreed  upon  settlement  and/or stipulation, within six months from the
date of filing of such verified complaint, and where a compliance inves-
tigation is made without the filing of a verified complaint, within  six
months  from  the  date  a compliance investigation is initiated by such
fiscal officer. Upon the making of said order or determination, or  upon
arriving at such agreed upon settlement and/or stipulation, a copy ther-
eof  shall  be  sent by certified mail, return receipt requested, by the
fiscal officer: (i) to the person and employee organization, if any, who
or which initiated the complaint, (ii) to the person or corporation,  if
any,  against  whom the complaint was brought, and (iii) where a compli-
ance investigation is made without the filing of  a  complaint,  to  the
person who or which was the subject of the compliance investigation.
  S 4. The second undesignated paragraph of subdivision 8 of section 220
of  the  labor  law,  as  amended  by  chapter 7 of the laws of 2008, is
amended to read as follows:
  In addition to directing payment of  wages  or  supplements  including
interest found to be due, such order may direct payment of a further sum
as a civil penalty in an amount not exceeding twenty-five percent of the
total  amount  found  to be due. In assessing the amount of the penalty,
due consideration shall be given to the size of the employer's business,

A. 215                              4

the good faith of the employer, the gravity of the violation, the histo-
ry of previous violations and the failure to comply  with  recordkeeping
or  other non-wage requirements.  IN THE EVENT THAT A CONTRACTOR OR SUB-
CONTRACTOR ON PUBLIC WORKS IS FOUND TO HAVE WILLFULLY FAILED TO POST ALL
WAGE RATES AND SUPPLEMENTS OR TO MAINTAIN OR PRODUCE RECORDS AS REQUIRED
BY  SUBDIVISION  THREE-A OF THIS SECTION, SUCH A VIOLATION SHALL CONSTI-
TUTE A WILLFUL VIOLATION, AND THE FISCAL  OFFICER  MAY  ENTER  AN  ORDER
DIRECTING  SUCH  CONTRACTOR  OR  SUB-CONTRACTOR  TO PAY A SUM AS A CIVIL
PENALTY IN AN AMOUNT OF NOT MORE THAN FIVE HUNDRED DOLLARS FOR THE FIRST
SUCH NONCOMPLIANCE AND A SUM AS A CIVIL PENALTY IN AN AMOUNT OF NOT MORE
THAN ONE THOUSAND DOLLARS FOR EACH SUBSEQUENT NONCOMPLIANCE. SUCH  CIVIL
PENALTY SHALL NOT BE IMPOSED IF SUCH CONTRACTOR OR SUB-CONTRACTOR PAYS A
FINE  IMPOSED  PURSUANT TO A MISDEMEANOR CONVICTION PURSUANT TO SUBDIVI-
SION THREE-A OF THIS SECTION. Where the fiscal officer  is  the  commis-
sioner, the penalty shall be paid to the commissioner for deposit in the
state  treasury. Where the fiscal officer is a city comptroller or other
analogous officer, the penalty shall be paid to said officer for deposit
in the city treasury.
  S 5. Subparagraph 1 of paragraph a of subdivision 2 of  section  220-b
of  the  labor  law,  as  amended by chapter 547 of the laws of 1998, is
amended to read as follows:
  (1) When any interested person shall file a written complaint with the
fiscal officer, as herein defined, alleging unpaid wages or  supplements
due for labor performed on a public improvement for which a contract has
been  entered  into,  and  said  labor is alleged to have been performed
within the two-year period immediately preceding the date of the  filing
of said complaint, or if, on the fiscal officer's own initiative, unpaid
wages  or supplements appear to be due, OR IF THE CONTRACTOR OR SUB-CON-
TRACTOR HAS FAILED TO POST A LEGIBLE STATEMENT OF WAGES OR  TO  MAINTAIN
OR  PROVIDE  RECORDS  AS  REQUIRED BY SUBDIVISION THREE-A OF SECTION TWO
HUNDRED TWENTY OF THIS ARTICLE, the fiscal officer shall immediately  so
notify  the  financial  officer of the civil division interested, or, if
there are insufficient moneys still due to the contractor or subcontrac-
tor to satisfy said wages and supplements, including interest and penal-
ty, the financial officer of another civil division which has entered or
subsequently enters into a public improvement contract with the contrac-
tor or subcontractor, who shall withhold from any payment due or  earned
the  contractor  or  subcontractor  executing  any  public improvements,
sufficient moneys to  satisfy  said  wages  and  supplements,  including
interest  at the rate provided herein, and any civil penalty that may be
assessed as provided herein, pending a final determination.  The  finan-
cial  officer shall immediately confirm in writing to the fiscal officer
the amount of money withheld.
  S 6. Subparagraph 1 of paragraph b of subdivision 3 of  section  220-b
of  the  labor  law,  as  amended by chapter 241 of the laws of 2002, is
amended to read as follows:
  (1) When  two  final  determinations  have  been  rendered  against  a
contractor,  subcontractor, successor, or any substantially-owned affil-
iated entity of the contractor or subcontractor, any of the partners  if
the  contractor  or  subcontractor  is a partnership, any officer of the
contractor or subcontractor who knowingly participated in the  violation
of this article, any of the shareholders who own or control at least ten
per  centum  of the outstanding stock of the contractor or subcontractor
or any successor within any consecutive six-year period determining that
such contractor, subcontractor, successor,  or  any  substantially-owned
affiliated  entity  of the contractor or subcontractor, any of the part-

A. 215                              5

ners or any of the shareholders who own or  control  at  least  ten  per
centum  of the outstanding stock of the contractor or subcontractor, any
officer of the contractor or subcontractor who knowingly participated in
the  violation of this article has wilfully failed to pay the prevailing
rate of wages or to provide supplements in accordance with this article,
whether such failures were concurrent or consecutive and whether or  not
such  final  determinations concerning separate public work projects are
rendered simultaneously, such contractor, subcontractor,  successor,  or
any  substantially-owned  affiliated entity of the contractor or subcon-
tractor, any of the partners if the contractor  or  subcontractor  is  a
partnership  or  any of the shareholders who own or control at least ten
per centum of the outstanding stock of the contractor or  subcontractor,
any  officer  of  the  contractor or subcontractor who knowingly partic-
ipated in the violation of this article shall be ineligible to submit  a
bid  on  or  be awarded any public work contract or subcontract with the
state, any municipal corporation or public body for  a  period  of  five
years from the second final determination, provided, however, that where
any  such  final  determination  involves  the  falsification of payroll
records or the kickback of wages or supplements, the contractor, subcon-
tractor, successor, or any substantially-owned affiliated entity of  the
contractor  or  subcontractor,  any partner if the contractor or subcon-
tractor is a partnership or any of the shareholders who own  or  control
at  least  ten  per centum of the outstanding stock of the contractor or
subcontractor, any officer of the contractor or subcontractor who  know-
ingly  participated in the violation of this article shall be ineligible
to submit a bid on or be awarded  any  public  work  contract  with  the
state,  any  municipal  corporation  or public body for a period of five
years from the first final determination.
  WHEN TWO FINAL DETERMINATIONS HAVE BEEN ENTERED  AGAINST  ANY  OF  THE
AFOREMENTIONED  ENTITIES  OR INDIVIDUALS WITHIN ANY CONSECUTIVE SIX-YEAR
PERIOD DETERMINING THAT SUCH ENTITY OR INDIVIDUAL HAS  WILLFULLY  FAILED
TO  POST  A  STATEMENT  OF  WAGES OR HAS WILLFULLY FAILED TO MAINTAIN OR
PRODUCE RECORDS AS  REQUIRED  BY  SUBDIVISION  THREE-A  OF  SECTION  TWO
HUNDRED  TWENTY OF THIS ARTICLE, OR WHEN ONE SUCH DETERMINATION HAS BEEN
ENTERED DURING THE SAME CONSECUTIVE SIX-YEAR PERIOD AS A FINAL  DETERMI-
NATION  THAT  ANY  SUCH ENTITY OR INDIVIDUAL HAS WILLFULLY FAILED TO PAY
THE PREVAILING RATE OF WAGES OR  SUPPLEMENTS  IN  ACCORDANCE  WITH  THIS
ARTICLE,   AND   SUCH  DETERMINATIONS  CONCERNED  SEPARATE  PUBLIC  WORK
CONTRACTS AND WERE NOT CONCURRENT, ANY SUCH  ENTITY  OR  INDIVIDUAL  WHO
KNOWINGLY  PARTICIPATED  IN SUCH FAILURE SHALL BE INELIGIBLE TO SUBMIT A
BID ON OR BE AWARDED ANY PUBLIC WORK CONTRACT OR  SUBCONTRACT  WITH  THE
STATE,  ANY  MUNICIPAL  CORPORATION  OR PUBLIC BODY FOR A PERIOD OF FIVE
YEARS FROM THE DATE OF THE SECOND FINAL DETERMINATION.
  S 7. Subdivision 6 of section 231 of the labor law, as added by  chap-
ter 777 of the laws of 1971, is amended to read as follows:
  6.  No  later  than  the first day upon which work on said contract is
performed by any employee, the contractor shall post in a prominent  and
accessible  place  on  the  site  of the work a legible statement of the
wages to be paid  to  the  [workmen]  WORKERS  employed  thereon.    ANY
CONTRACTOR  WHO IS FOUND TO HAVE WILLFULLY FAILED TO POST SUCH STATEMENT
SHALL BE GUILTY OF A MISDEMEANOR, WHICH UPON CONVICTION  THEREOF,  SHALL
BE  PUNISHABLE  BY A FINE OF NOT LESS THAN FIVE HUNDRED DOLLARS NOR MORE
THAN ONE THOUSAND DOLLARS FOR EACH OFFENSE.
  S 8. Subdivision 1 of section 233 of the labor law, as added by  chap-
ter 777 of the laws of 1971, is amended to read as follows:

A. 215                              6

  1.  In  all  cases where service work is being performed pursuant to a
contract therefor, the contractor shall keep original payrolls or  tran-
scripts  thereof,  subscribed and confirmed by him as true, under penal-
ties of perjury, showing the hours and days worked by each employee, the
craft, trade or occupation at which he was employed, and the wages paid.
EVERY  CONTRACTOR SHALL MAINTAIN ORIGINAL SIGN-IN AND SIGN-OUT SHEETS OR
OTHER RECORDS REFLECTING THE ACTUAL DATES AND TIMES OF  WORK,  INCLUDING
ARRIVAL  AND DEPARTURE TIMES, OF ALL BUILDING SERVICE EMPLOYEES EMPLOYED
ON THE SITE OF THE WORK, OR ON THE SITE WHERE WORKERS  REPORT  TO  WORK,
AND  SHALL  PRODUCE  SUCH  RECORDS AT THE WORK SITE OR ON THE SITE WHERE
WORKERS REPORT TO WORK, IMMEDIATELY, UNLESS ADDITIONAL TIME  IS  GRANTED
FOR GOOD CAUSE SHOWN, UPON RECEIPT OF A REQUEST BY THE FISCAL OFFICER TO
PRODUCE SUCH RECORDS.
  S  9.  Paragraph (c) of subdivision 1 of section 234 of the labor law,
as added by chapter 777 of the laws of  1971,  is  amended  to  read  as
follows:
  (c)  to  examine  the  books,  documents and records pertaining to the
wages paid to, and the hours of work performed  by,  service  employees,
AND  TO REQUIRE THE IMMEDIATE PRODUCTION OF RECORDS REQUIRED TO BE MAIN-
TAINED PURSUANT TO SUBDIVISION ONE OF SECTION TWO  HUNDRED  THIRTY-THREE
OF THIS ARTICLE;
  S 10. Subdivision 1 of section 235 of the labor law, as added by chap-
ter 777 of the laws of 1971, is amended to read as follows:
  1.  Whenever  the  fiscal officer has reason to believe that a service
employee has been paid less than the wages stipulated in  the  contract,
or if such contract has no wage schedule attached thereto and the fiscal
officer has reason to believe that a service employee has been paid less
than  the  wages  prevailing  for his craft, trade or occupation, THAT A
CONTRACTOR HAS FAILED TO  POST WAGES AS REQUIRED BY SUBDIVISION  SIX  OF
SECTION  TWO HUNDRED THIRTY-ONE OF THIS ARTICLE OR FAILED TO MAINTAIN OR
PRODUCE RECORDS AS REQUIRED BY SECTION TWO HUNDRED THIRTY-THREE OF  THIS
ARTICLE, the fiscal officer may, and upon receipt of a written complaint
from an employee employed thereon, shall conduct a special investigation
to determine the facts relating thereto.
  S  11.  Subdivision  7  of section 235 of the labor law, as amended by
chapter 547 of the laws of 1998, is amended to read as follows:
  7. When, pursuant to the provisions of this section, two final  orders
have been entered against a contractor, subcontractor, successor, or any
substantially-owned  affiliated  entity of the contractor or subcontrac-
tor, any of the partners if the contractor or subcontractor is  a  part-
nership,  any  of  the  five  largest  shareholders of the contractor or
subcontractor, any officer of the contractor or subcontractor who  know-
ingly  participated  in the violation of this article within any consec-
utive six-year period determining that such contractor or  subcontractor
and/or  its  successor,  substantially-owned  affiliated  entity  of the
contractor or subcontractor, any of the partners  or  any  of  the  five
largest  shareholders of the contractor or subcontractor, any officer of
the contractor  or  subcontractor  who  knowingly  participated  in  the
violation  of  this  article  has willfully failed to pay the prevailing
wages in accordance with the provisions of this  article,  whether  such
failures  were  concurrent  or consecutive and whether or not such final
determinations concerning separate public building service contracts are
rendered simultaneously, such contractor, subcontractor, successor,  and
if  the contractor, subcontractor, successor, or any substantially-owned
affiliated entity of the contractor or subcontractor, any of  the  part-
ners  if the contractor or subcontractor is a partnership, or any of the

A. 215                              7

five largest shareholders of the contractor or subcontractor, any  offi-
cer of the contractor or subcontractor who knowingly participated in the
violation  of this article, or any successor is a corporation, any offi-
cer  of  such  corporation  who  knowingly participated in such failure,
shall be ineligible to submit a bid on or be awarded any public building
service work for a period of five years from  the  date  of  the  second
order,  provided,  however, that where any such final order involves the
falsification of payroll records or the kickback of wages, the  contrac-
tor,  subcontractor, successor, substantially-owned affiliated entity of
the contractor or  subcontractor,  any  partner  if  the  contractor  or
subcontractor  is  a partnership or any of the five largest shareholders
of the contractor or subcontractor, any officer  of  the  contractor  or
subcontractor  who knowingly participated in the violation of this arti-
cle shall be ineligible to submit a bid on  or  be  awarded  any  public
building  service  contract or subcontract with the state, any municipal
corporation or public body for a period of five years from the  date  of
the first final order.
  WHEN  TWO  FINAL  DETERMINATIONS  HAVE BEEN ENTERED AGAINST ANY OF THE
AFOREMENTIONED ENTITIES OR INDIVIDUALS WITHIN ANY  CONSECUTIVE  SIX-YEAR
PERIOD  DETERMINING  THAT SUCH ENTITY OR INDIVIDUAL HAS WILLFULLY FAILED
TO POST A STATEMENT OF WAGES AS REQUIRED BY SUBDIVISION SIX  OF  SECTION
TWO  HUNDRED THIRTY-ONE OF THIS ARTICLE OR HAS WILLFULLY FAILED TO MAIN-
TAIN OR PRODUCE RECORDS AS REQUIRED BY SECTION TWO HUNDRED  THIRTY-THREE
OF  THIS ARTICLE, OR WHEN ONE SUCH DETERMINATION HAS BEEN ENTERED DURING
THE SAME CONSECUTIVE SIX-YEAR PERIOD AS A FINAL DETERMINATION  THAT  ANY
SUCH  ENTITY  OR  INDIVIDUAL  HAS WILLFULLY FAILED TO PAY THE PREVAILING
RATE OF WAGES OR SUPPLEMENTS IN ACCORDANCE WITH THIS ARTICLE,  AND  SUCH
DETERMINATIONS  CONCERNED  SEPARATE  BUILDING  CONTRACTS  AND  WERE  NOT
CONCURRENT, ANY SUCH ENTITY OR INDIVIDUAL WHO KNOWINGLY PARTICIPATED  IN
SUCH  FAILURE  SHALL  BE INELIGIBLE TO SUBMIT A BID ON OR BE AWARDED ANY
PUBLIC BUILDING SERVICE CONTRACT OR  SUBCONTRACT  WITH  THE  STATE,  ANY
MUNICIPAL CORPORATION OR PUBLIC BODY FOR A PERIOD OF FIVE YEARS FROM THE
DATE  OF  THE  SECOND  FINAL ORDER. Nothing in this subdivision shall be
construed as affecting any provision of  any  other  law  or  regulation
relating to the awarding of public contracts.
  S 12. This act shall take effect September 1, 2009.

2009-A215A - Details

See Senate Version of this Bill:: S2904
Law Section:: Labor Law
Laws Affected:: Amd §§220, 220-b, 231, 233, 234 & 235, Lab L
Versions Introduced in 2011-2012 Legislative Session:: A100

2009-A215A - Summary

2009-A215A - Sponsor Memo

                                BILL NUMBER:A215A

TITLE OF BILL:  An act to amend the labor law, in relation to making the
failure  to  post  a  statement of wage rates and supplements subject to
prosecution as a misdemeanor and subject to a civil penalty, and requir-
ing maintenance and production on the job site of "sign-in"  and  "sign-
out" sheets upon the request of the fiscal officer

PURPOSE  OR  GENERAL  IDEA  OF BILL: Provides that the failure to post a
statement of wages and supplements shall be subject to prosecution as  a
misdemeanor and subject to a civil Penalty.

SUMMARY  OF  SPECIFIC  PROVISIONS: Section one of the bill provides that
the failure of  a  contractor  or  subcontractor  to  post  the  legally
required  statement of all wage rates and supplements would constitute a
misdemeanor, subject to a  fine  of  between  $500  to  $1000  for  each
offense. It further requires the contractor and sub contractors to main-
tain  "sign  in"  and  "sign out" sheets or other records reflecting the
actual dates and times of work for all laborers,  workers  or  mechanics
employed on the project.

Section  two  of the bill provides the fiscal officer with the authority
to require a contractor to file those "sign in" and  "sign  out"  sheets
within  ten  days  of  a  request (a similar requirement is in place for
payroll records). Failure to produce such records would result in  with-
holding of payment of up to 25% of payment due up to $100,000.

Section  three  of the bill conforms the prevailing wage law so that the
fiscal office has authority to investigate the posting  and  new  record
requirements.

Section  four  of the bill directs that the willful failure to post wage
rates or maintain or produce  records  as  required  by  the  law  shall
constitute a willful violation of the prevailing wage law resulting in a
civil  penalty  of not more than $500, and not more than $1,000 for each
subsequent noncompliance.

Section five of the bill provides the fiscal officer with  authority  to
order withholding of payments during an investigation of the new posting
and record keeping requirement.

Section  six  includes these new record keeping and posting requirements
within the violations which pertain to disqualification from bidding  on
public works jobs for two offenses.

Section  seven  of the bill conforms the misdemeanor penalty for the new
offenses to current law.

Section eight amends section  233  of  the  labor  law  to  require  all
contractors  to  maintain  original sign-in and sign-out sheets or other
records reflecting the actual dates and times of work, including arrival

and departure times, of all building service employees employed  on  the
site.

Sections  nine  - eleven of the bill similarly amend the labor law as it
pertains to building service employees who are subject to the prevailing
wage law under article nine of the labor law.

Section twelve of the bill is the effective date immediately.

JUSTIFICATION: A strong deterrent is needed  to  ensure  that  employers
adequately  inform  their  employees  of their rights to prevailing wage
information. The misdemeanor penalty will be an incentive for  employers
to  post  prevailing  wage information, as required by law.  Sign in and
Sign out sheets, or similar records are required to confirm actual work-
ing hours, as there have been some instances where  payroll  records  do
not actually reflect hours worked or duties performed.

PRIOR LEGISLATIVE HISTORY:
A.7430 - 2002
A8180A - 2003
A.7334 - 2005-06 - Passed Assembly
A.787 - 2007-08 - Passed Assembly

FISCAL  IMPLICATIONS  FOR STATE AND LOCAL GOVERNMENTS:  Should result in
stronger enforcement of the prevailing wage law and larger  revenues  in
tax collections.

EFFECTIVE DATE:  This act shall take effect immediately.

2009-A215A - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 215--A
                                                          Cal. No. 8

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  M.  of  A. LATIMER, JOHN, ORTIZ, COLTON -- read once and
  referred to  the  Committee  on  Labor  --  reported  from  committee,
  advanced  to a third reading, amended and ordered reprinted, retaining
  its place on the order of third reading

AN ACT to amend the labor law, in relation to making the failure to post
  a statement of wage rates and supplements subject to prosecution as  a
  misdemeanor  and subject to a civil penalty, and requiring maintenance
  and production on the job site of "sign-in" and "sign-out" sheets upon
  the request of the fiscal officer

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

  Section 1.  Subparagraphs (iii) and (iv) of paragraph a of subdivision
3-a of section 220 of the labor law, as amended by chapter 8 of the laws
of 2008, are amended to read as follows:
  (iii)  The  contractor  and  every  sub-contractor shall keep original
payrolls or transcripts thereof, subscribed and sworn to or affirmed  by
him  or  her  as  true under the penalties of perjury, setting forth the
names and addresses and showing for each worker,  laborer,  or  mechanic
the hours and days worked, the occupations worked, the hourly wage rates
paid  and the supplements paid or provided. Where the contractor or sub-
contractor maintains no regular place of business in New York state  and
where  the  amount  of the contract is in excess of twenty-five thousand
dollars such payrolls shall be kept on the site of the work.  All  other
contractors  or  sub-contractors  shall  produce within five days on the
site of the work and upon formal order of  the  commissioner  OR  FISCAL
OFFICER  or  his or her designated representative such original payrolls
or transcripts thereof, subscribed and sworn to or affirmed  by  him  or
her  as  true under the penalties of perjury, as may be deemed necessary
to adequately enforce the provisions of this article. Every  contractor,
and sub-contractor, shall submit to the department of jurisdiction with-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD01077-05-9

A. 215--A                           2

in  thirty  days  after  issuance of its first payroll, and every thirty
days thereafter,  a  transcript  of  the  original  payroll  record,  as
provided  by  this  article, subscribed and sworn to or affirmed as true
under  the  penalties  of perjury. Any person who wilfully fails to file
such payroll records with the department of jurisdiction shall be guilty
of a class E felony. In addition, any person who wilfully fails to  file
such  payroll  records  within  the  time specified in this subparagraph
shall be subject to a civil penalty of up to one  thousand  dollars  per
day.
  (iv)  The  department of jurisdiction shall be required to collect and
maintain such payroll records at the  times  specified  in  subparagraph
(iii)  of  this paragraph. The original payrolls or transcripts shall be
preserved by the department of jurisdiction for five years from the date
of completion of the work on the awarded  contract.  The  department  of
jurisdiction as herein referred to shall be the department of the state,
board or officer in the state, or municipal corporation or commission or
board  appointed  pursuant to law, whose duty it is to prepare or direct
the preparation of the  plans  and  specifications  for  a  public  work
project.    EVERY  CONTRACTOR  AND SUB-CONTRACTOR, REGARDLESS OF WHETHER
SUCH CONTRACTOR OR SUB-CONTRACTOR MAINTAINS A REGULAR PLACE OF  BUSINESS
IN  NEW  YORK  STATE,  SHALL MAINTAIN ON THE SITE OF THE WORK, OR ON THE
SITE WHERE WORKERS REPORT TO WORK, ORIGINAL SIGN-IN AND SIGN-OUT  SHEETS
OR  OTHER RECORDS REFLECTING THE ACTUAL DATES AND TIMES OF WORK, INCLUD-
ING ARRIVAL AND DEPARTURE TIMES, OF ALL LABORERS, WORKERS  OR  MECHANICS
EMPLOYED  ON  THE  PUBLIC  WORK, AND THE OCCUPATION IN WHICH THEY WORKED
DURING SUCH TIMES, AND SHALL PRODUCE SUCH RECORDS ON  THE  SITE  OF  THE
WORK,  OR  ON THE SITE WHERE WORKERS REPORT TO WORK, IMMEDIATELY, UNLESS
ADDITIONAL TIME IS GRANTED FOR GOOD  CAUSE  SHOWN,  UPON  RECEIPT  OF  A
REQUEST  BY  THE FISCAL OFFICER TO PRODUCE SUCH RECORDS. Each department
of jurisdiction shall designate in writing  an  individual  employed  by
such  department  responsible for the receipt, collection and review for
facial validity of payrolls. Said designation shall be  filed  with  the
fiscal officer and posted in a conspicuous location at the project site.
If  the designated individual cannot perform the receipt, collection and
review of certified payrolls duties as indicated above, for any  reason,
including  but not limited to reassignment, promotion or separation from
employment, the department of jurisdiction  must  immediately  designate
another individual employed by such department to fulfill such responsi-
bilities.  In  the event that a department of jurisdiction fails to name
an individual responsible for the receipt,  collection  and  review  for
facial  validity of payrolls, as set forth above, then the individual so
responsible shall be the individual who is the chief policy-making indi-
vidual of such department of jurisdiction.
  S 2. Paragraph c of subdivision 3-a of section 220 of the  labor  law,
as  added  by  chapter  137  of  the laws of 1985, is amended to read as
follows:
  c. The fiscal officer may require any person or corporation performing
such public work to file with the fiscal  officer  within  ten  days  of
receipt  of said request, payroll records, sworn to as to their validity
and accuracy, [requested by the fiscal officer] OR OTHER  RECORDS  WHOSE
MAINTENANCE  OR  PRODUCTION  IS REQUIRED PURSUANT TO PARAGRAPH A OF THIS
SUBDIVISION, for said public work or for  any  public  or  private  work
performed  by  said person or corporation during the same period of time
as said public work. In the event said person or  corporation  fails  to
provide  the requested information within the allotted ten days OR FAILS
TO PRODUCE RECORDS AS REQUIRED PURSUANT TO PARAGRAPH A OF THIS  SUBDIVI-

A. 215--A                           3

SION,  the  fiscal officer shall, within fifteen days, order the depart-
ment of jurisdiction to immediately withhold from payment to said person
or corporation up to twenty-five percent of the amount,  not  to  exceed
one  hundred  thousand dollars, to be paid to said person or corporation
under the terms of the contract pursuant to which said  public  work  is
being performed. Said amount withheld shall be immediately released upon
receipt  by  the  department of jurisdiction of a notice from the fiscal
officer indicating that the request for records had been satisfied.
  S 3. Subdivision 7 of section 220 of the  labor  law,  as  amended  by
chapter 7 of the laws of 2008, is amended to read as follows:
  7.  Compliance  investigations.  The  fiscal officer as herein defined
shall on a verified complaint in writing of any person interested or  of
any  employee  organization  pursuant  to  subdivision  eight-d  of this
section, and may on his own initiative cause a compliance  investigation
to  be  made  to determine whether the contractor or a subcontractor has
paid the prevailing rate of wages and prevailing practices  for  supple-
ments  in  the same trade or occupation in the locality within the state
where such public work is being  performed,  [or]  the  hours  of  labor
performed  by  the [workmen] WORKERS, laborers and mechanics employed on
such public work, [or both] HAS POSTED A LEGIBLE STATEMENT OF  ALL  WAGE
RATES AND SUPPLEMENTS AS REQUIRED PURSUANT TO PARAGRAPH A OF SUBDIVISION
THREE-A  OF THIS SECTION OR HAS FAILED TO MAINTAIN OR PRODUCE RECORDS AS
REQUIRED PURSUANT TO PARAGRAPH A OF SUBDIVISION THREE-A OF THIS SECTION.
The fiscal officer or his agents, examiners and inspectors  may  examine
or  cause to be examined the books and records pertaining to the rate of
wages paid and supplements provided to the laborers,  [workmen]  WORKERS
and mechanics on said public work [and], the hours of labor performed by
such  laborers,  [workmen] WORKERS and mechanics on said public work AND
THE POSTING OF A LEGIBLE STATEMENT, IN A PROMINENT AND ACCESSIBLE  PLACE
ON  THE  SITE  OF SAID PUBLIC WORK, OF ALL WAGE RATES AND SUPPLEMENTS AS
SPECIFIED IN THE CONTRACT TO BE PAID OR PROVIDED, AS THE  CASE  MAY  BE,
FOR  THE  VARIOUS  CLASSES OF MECHANICS, WORKERS OR LABORERS EMPLOYED ON
SAID PUBLIC WORK.  The fiscal officer in  such  investigation  shall  be
deemed  to be acting in a judicial capacity, and shall have the right to
issue subpoenas, administer oaths and examine witnesses. The enforcement
of a subpoena issued under this section shall be regulated by the  civil
practice  law and rules. Such fiscal officer shall make either an order,
determination or any other disposition, including but not limited to  an
agreed  upon  settlement  and/or stipulation, within six months from the
date of filing of such verified complaint, and where a compliance inves-
tigation is made without the filing of a verified complaint, within  six
months  from  the  date  a compliance investigation is initiated by such
fiscal officer. Upon the making of said order or determination, or  upon
arriving at such agreed upon settlement and/or stipulation, a copy ther-
eof  shall  be  sent by certified mail, return receipt requested, by the
fiscal officer: (i) to the person and employee organization, if any, who
or which initiated the complaint, (ii) to the person or corporation,  if
any,  against  whom the complaint was brought, and (iii) where a compli-
ance investigation is made without the filing of  a  complaint,  to  the
person who or which was the subject of the compliance investigation.
  S 4. The second undesignated paragraph of subdivision 8 of section 220
of  the  labor  law,  as  amended  by  chapter 7 of the laws of 2008, is
amended to read as follows:
  In addition to directing payment of  wages  or  supplements  including
interest found to be due, such order may direct payment of a further sum
as a civil penalty in an amount not exceeding twenty-five percent of the

A. 215--A                           4

total  amount  found  to be due. In assessing the amount of the penalty,
due consideration shall be given to the size of the employer's business,
the good faith of the employer, the gravity of the violation, the histo-
ry  of  previous violations and the failure to comply with recordkeeping
or other non-wage requirements.  IN THE EVENT THAT A CONTRACTOR OR  SUB-
CONTRACTOR ON PUBLIC WORKS IS FOUND TO HAVE WILLFULLY FAILED TO POST ALL
WAGE RATES AND SUPPLEMENTS OR TO MAINTAIN OR PRODUCE RECORDS AS REQUIRED
BY  SUBDIVISION  THREE-A OF THIS SECTION, SUCH A VIOLATION SHALL CONSTI-
TUTE A WILLFUL VIOLATION, AND THE FISCAL  OFFICER  MAY  ENTER  AN  ORDER
DIRECTING  SUCH  CONTRACTOR  OR  SUB-CONTRACTOR  TO PAY A SUM AS A CIVIL
PENALTY IN AN AMOUNT OF NOT MORE THAN FIVE HUNDRED DOLLARS FOR THE FIRST
SUCH NONCOMPLIANCE AND A SUM AS A CIVIL PENALTY IN AN AMOUNT OF NOT MORE
THAN ONE THOUSAND DOLLARS FOR EACH SUBSEQUENT NONCOMPLIANCE. SUCH  CIVIL
PENALTY SHALL NOT BE IMPOSED IF SUCH CONTRACTOR OR SUB-CONTRACTOR PAYS A
FINE  IMPOSED  PURSUANT TO A MISDEMEANOR CONVICTION PURSUANT TO SUBDIVI-
SION THREE-A OF THIS SECTION. Where the fiscal officer  is  the  commis-
sioner, the penalty shall be paid to the commissioner for deposit in the
state  treasury. Where the fiscal officer is a city comptroller or other
analogous officer, the penalty shall be paid to said officer for deposit
in the city treasury.
  S 5. Subparagraph 1 of paragraph a of subdivision 2 of  section  220-b
of  the  labor  law,  as  amended by chapter 547 of the laws of 1998, is
amended to read as follows:
  (1) When any interested person shall file a written complaint with the
fiscal officer, as herein defined, alleging unpaid wages or  supplements
due for labor performed on a public improvement for which a contract has
been  entered  into,  and  said  labor is alleged to have been performed
within the two-year period immediately preceding the date of the  filing
of said complaint, or if, on the fiscal officer's own initiative, unpaid
wages  or supplements appear to be due, OR IF THE CONTRACTOR OR SUB-CON-
TRACTOR HAS FAILED TO POST A LEGIBLE STATEMENT OF WAGES OR  TO  MAINTAIN
OR  PROVIDE  RECORDS  AS  REQUIRED BY SUBDIVISION THREE-A OF SECTION TWO
HUNDRED TWENTY OF THIS ARTICLE, the fiscal officer shall immediately  so
notify  the  financial  officer of the civil division interested, or, if
there are insufficient moneys still due to the contractor or subcontrac-
tor to satisfy said wages and supplements, including interest and penal-
ty, the financial officer of another civil division which has entered or
subsequently enters into a public improvement contract with the contrac-
tor or subcontractor, who shall withhold from any payment due or  earned
the  contractor  or  subcontractor  executing  any  public improvements,
sufficient moneys to  satisfy  said  wages  and  supplements,  including
interest  at the rate provided herein, and any civil penalty that may be
assessed as provided herein, pending a final determination.  The  finan-
cial  officer shall immediately confirm in writing to the fiscal officer
the amount of money withheld.
  S 6. Subparagraph 1 of paragraph b of subdivision 3 of  section  220-b
of  the  labor  law,  as  amended by chapter 241 of the laws of 2002, is
amended to read as follows:
  (1) When  two  final  determinations  have  been  rendered  against  a
contractor,  subcontractor, successor, or any substantially-owned affil-
iated entity of the contractor or subcontractor, any of the partners  if
the  contractor  or  subcontractor  is a partnership, any officer of the
contractor or subcontractor who knowingly participated in the  violation
of this article, any of the shareholders who own or control at least ten
per  centum  of the outstanding stock of the contractor or subcontractor
or any successor within any consecutive six-year period determining that

A. 215--A                           5

such contractor, subcontractor, successor,  or  any  substantially-owned
affiliated  entity  of the contractor or subcontractor, any of the part-
ners or any of the shareholders who own or  control  at  least  ten  per
centum  of the outstanding stock of the contractor or subcontractor, any
officer of the contractor or subcontractor who knowingly participated in
the violation of this article has wilfully failed to pay the  prevailing
rate of wages or to provide supplements in accordance with this article,
whether  such failures were concurrent or consecutive and whether or not
such final determinations concerning separate public work  projects  are
rendered  simultaneously,  such contractor, subcontractor, successor, or
any substantially-owned affiliated entity of the contractor  or  subcon-
tractor,  any  of  the  partners if the contractor or subcontractor is a
partnership or any of the shareholders who own or control at  least  ten
per  centum of the outstanding stock of the contractor or subcontractor,
any officer of the contractor or  subcontractor  who  knowingly  partic-
ipated  in the violation of this article shall be ineligible to submit a
bid on or be awarded any public work contract or  subcontract  with  the
state,  any  municipal  corporation  or public body for a period of five
years from the second final determination, provided, however, that where
any such final  determination  involves  the  falsification  of  payroll
records or the kickback of wages or supplements, the contractor, subcon-
tractor,  successor, or any substantially-owned affiliated entity of the
contractor or subcontractor, any partner if the  contractor  or  subcon-
tractor  is  a partnership or any of the shareholders who own or control
at least ten per centum of the outstanding stock of  the  contractor  or
subcontractor,  any officer of the contractor or subcontractor who know-
ingly participated in the violation of this article shall be  ineligible
to  submit  a  bid  on  or  be awarded any public work contract with the
state, any municipal corporation or public body for  a  period  of  five
years from the first final determination.
  WHEN  TWO  FINAL  DETERMINATIONS  HAVE BEEN ENTERED AGAINST ANY OF THE
AFOREMENTIONED ENTITIES OR INDIVIDUALS WITHIN ANY  CONSECUTIVE  SIX-YEAR
PERIOD  DETERMINING  THAT SUCH ENTITY OR INDIVIDUAL HAS WILLFULLY FAILED
TO POST A STATEMENT OF WAGES OR HAS  WILLFULLY  FAILED  TO  MAINTAIN  OR
PRODUCE  RECORDS  AS  REQUIRED  BY  SUBDIVISION  THREE-A  OF SECTION TWO
HUNDRED TWENTY OF THIS ARTICLE, OR WHEN ONE SUCH DETERMINATION HAS  BEEN
ENTERED  DURING THE SAME CONSECUTIVE SIX-YEAR PERIOD AS A FINAL DETERMI-
NATION THAT ANY SUCH ENTITY OR INDIVIDUAL HAS WILLFULLY  FAILED  TO  PAY
THE  PREVAILING  RATE  OF  WAGES  OR SUPPLEMENTS IN ACCORDANCE WITH THIS
ARTICLE,  AND  SUCH  DETERMINATIONS  CONCERNED  SEPARATE   PUBLIC   WORK
CONTRACTS  AND  WERE  NOT  CONCURRENT, ANY SUCH ENTITY OR INDIVIDUAL WHO
KNOWINGLY PARTICIPATED IN SUCH FAILURE SHALL BE INELIGIBLE TO  SUBMIT  A
BID  ON  OR  BE AWARDED ANY PUBLIC WORK CONTRACT OR SUBCONTRACT WITH THE
STATE, ANY MUNICIPAL CORPORATION OR PUBLIC BODY FOR  A  PERIOD  OF  FIVE
YEARS FROM THE DATE OF THE SECOND FINAL DETERMINATION.
  S  7. Subdivision 6 of section 231 of the labor law, as added by chap-
ter 777 of the laws of 1971, is amended to read as follows:
  6. No later than the first day upon which work  on  said  contract  is
performed  by any employee, the contractor shall post in a prominent and
accessible place on the site of the work  a  legible  statement  of  the
wages  to  be  paid  to  the  [workmen]  WORKERS employed thereon.   ANY
CONTRACTOR WHO IS FOUND TO HAVE WILLFULLY FAILED TO POST SUCH  STATEMENT
SHALL  BE  GUILTY OF A MISDEMEANOR, WHICH UPON CONVICTION THEREOF, SHALL
BE PUNISHABLE BY A FINE OF NOT LESS THAN FIVE HUNDRED DOLLARS  NOR  MORE
THAN ONE THOUSAND DOLLARS FOR EACH OFFENSE.

A. 215--A                           6

  S  8. Subdivision 1 of section 233 of the labor law, as added by chap-
ter 777 of the laws of 1971, is amended to read as follows:
  1.  In  all  cases where service work is being performed pursuant to a
contract therefor, the contractor shall keep original payrolls or  tran-
scripts  thereof,  subscribed and confirmed by him as true, under penal-
ties of perjury, showing the hours and days worked by each employee, the
craft, trade or occupation at which he was employed, and the wages paid.
EVERY CONTRACTOR SHALL MAINTAIN ORIGINAL SIGN-IN AND SIGN-OUT SHEETS  OR
OTHER  RECORDS  REFLECTING THE ACTUAL DATES AND TIMES OF WORK, INCLUDING
ARRIVAL AND DEPARTURE TIMES, OF ALL BUILDING SERVICE EMPLOYEES  EMPLOYED
ON  THE  SITE  OF THE WORK, OR ON THE SITE WHERE WORKERS REPORT TO WORK,
AND SHALL PRODUCE SUCH RECORDS AT THE WORK SITE OR  ON  THE  SITE  WHERE
WORKERS  REPORT  TO WORK, IMMEDIATELY, UNLESS ADDITIONAL TIME IS GRANTED
FOR GOOD CAUSE SHOWN, UPON RECEIPT OF A REQUEST BY THE FISCAL OFFICER TO
PRODUCE SUCH RECORDS.
  S 9.  Paragraph (c) of subdivision 1 of section 234 of the labor  law,
as  added  by  chapter  777  of  the laws of 1971, is amended to read as
follows:
  (c) to examine the books, documents  and  records  pertaining  to  the
wages  paid  to,  and the hours of work performed by, service employees,
AND TO REQUIRE THE IMMEDIATE PRODUCTION OF RECORDS REQUIRED TO BE  MAIN-
TAINED  PURSUANT  TO SUBDIVISION ONE OF SECTION TWO HUNDRED THIRTY-THREE
OF THIS ARTICLE;
  S 10. Subdivision 1 of section 235 of the labor law, as added by chap-
ter 777 of the laws of 1971, is amended to read as follows:
  1. Whenever the fiscal officer has reason to believe  that  a  service
employee  has  been paid less than the wages stipulated in the contract,
or if such contract has no wage schedule attached thereto and the fiscal
officer has reason to believe that a service employee has been paid less
than the wages prevailing for his craft, trade  or  occupation,  THAT  A
CONTRACTOR  HAS  FAILED TO  POST WAGES AS REQUIRED BY SUBDIVISION SIX OF
SECTION TWO HUNDRED THIRTY-ONE OF THIS ARTICLE OR FAILED TO MAINTAIN  OR
PRODUCE  RECORDS AS REQUIRED BY SECTION TWO HUNDRED THIRTY-THREE OF THIS
ARTICLE, the fiscal officer may, and upon receipt of a written complaint
from an employee employed thereon, shall conduct a special investigation
to determine the facts relating thereto.
  S 11. Subdivision 7 of section 235 of the labor  law,  as  amended  by
chapter 547 of the laws of 1998, is amended to read as follows:
  7.  When, pursuant to the provisions of this section, two final orders
have been entered against a contractor, subcontractor, successor, or any
substantially-owned affiliated entity of the contractor  or  subcontrac-
tor,  any  of the partners if the contractor or subcontractor is a part-
nership, any of the five  largest  shareholders  of  the  contractor  or
subcontractor,  any officer of the contractor or subcontractor who know-
ingly participated in the violation of this article within  any  consec-
utive  six-year period determining that such contractor or subcontractor
and/or its  successor,  substantially-owned  affiliated  entity  of  the
contractor  or  subcontractor,  any  of  the partners or any of the five
largest shareholders of the contractor or subcontractor, any officer  of
the  contractor  or  subcontractor  who  knowingly  participated  in the
violation of this article has willfully failed  to  pay  the  prevailing
wages  in  accordance  with the provisions of this article, whether such
failures were concurrent or consecutive and whether or  not  such  final
determinations concerning separate public building service contracts are
rendered  simultaneously, such contractor, subcontractor, successor, and
if the contractor, subcontractor, successor, or any  substantially-owned

A. 215--A                           7

affiliated  entity  of the contractor or subcontractor, any of the part-
ners if the contractor or subcontractor is a partnership, or any of  the
five  largest shareholders of the contractor or subcontractor, any offi-
cer of the contractor or subcontractor who knowingly participated in the
violation  of this article, or any successor is a corporation, any offi-
cer of such corporation who  knowingly  participated  in  such  failure,
shall be ineligible to submit a bid on or be awarded any public building
service  work  for  a  period  of five years from the date of the second
order, provided, however, that where any such final order  involves  the
falsification  of payroll records or the kickback of wages, the contrac-
tor, subcontractor, successor, substantially-owned affiliated entity  of
the  contractor  or  subcontractor,  any  partner  if  the contractor or
subcontractor is a partnership or any of the five  largest  shareholders
of  the  contractor  or  subcontractor, any officer of the contractor or
subcontractor who knowingly participated in the violation of this  arti-
cle  shall  be  ineligible  to  submit a bid on or be awarded any public
building service contract or subcontract with the state,  any  municipal
corporation  or  public body for a period of five years from the date of
the first final order.
  WHEN TWO FINAL DETERMINATIONS HAVE BEEN ENTERED  AGAINST  ANY  OF  THE
AFOREMENTIONED  ENTITIES  OR INDIVIDUALS WITHIN ANY CONSECUTIVE SIX-YEAR
PERIOD DETERMINING THAT SUCH ENTITY OR INDIVIDUAL HAS  WILLFULLY  FAILED
TO  POST  A STATEMENT OF WAGES AS REQUIRED BY SUBDIVISION SIX OF SECTION
TWO HUNDRED THIRTY-ONE OF THIS ARTICLE OR HAS WILLFULLY FAILED TO  MAIN-
TAIN  OR PRODUCE RECORDS AS REQUIRED BY SECTION TWO HUNDRED THIRTY-THREE
OF THIS ARTICLE, OR WHEN ONE SUCH DETERMINATION HAS BEEN ENTERED  DURING
THE  SAME  CONSECUTIVE SIX-YEAR PERIOD AS A FINAL DETERMINATION THAT ANY
SUCH ENTITY OR INDIVIDUAL HAS WILLFULLY FAILED  TO  PAY  THE  PREVAILING
RATE  OF  WAGES OR SUPPLEMENTS IN ACCORDANCE WITH THIS ARTICLE, AND SUCH
DETERMINATIONS  CONCERNED  SEPARATE  BUILDING  CONTRACTS  AND  WERE  NOT
CONCURRENT,  ANY SUCH ENTITY OR INDIVIDUAL WHO KNOWINGLY PARTICIPATED IN
SUCH FAILURE SHALL BE INELIGIBLE TO SUBMIT A BID ON OR  BE  AWARDED  ANY
PUBLIC  BUILDING  SERVICE  CONTRACT  OR  SUBCONTRACT WITH THE STATE, ANY
MUNICIPAL CORPORATION OR PUBLIC BODY FOR A PERIOD OF FIVE YEARS FROM THE
DATE OF THE SECOND FINAL ORDER. Nothing in  this  subdivision  shall  be
construed  as  affecting  any  provision  of any other law or regulation
relating to the awarding of public contracts.
  S 12. This act shall take effect immediately.

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2009-A215B (ACTIVE) - Details

See Senate Version of this Bill:: S2904
Law Section:: Labor Law
Laws Affected:: Amd §§220, 220-b, 231, 233, 234 & 235, Lab L
Versions Introduced in 2011-2012 Legislative Session:: A100

2009-A215B (ACTIVE) - Summary

2009-A215B (ACTIVE) - Sponsor Memo

                                BILL NUMBER:A215B

TITLE OF BILL:  An act to amend the labor law, in relation to making the
failure  to  post  a  statement of wage rates and supplements subject to
prosecution as a misdemeanor and subject to a civil penalty, and requir-
ing maintenance and production on the job site of "sign-in"  and  "sign-
out" sheets upon the request of the fiscal officer

PURPOSE  OR  GENERAL  IDEA  OF BILL: Provides that the failure to post a
statement of wages and supplements shall be subject to prosecution as  a
misdemeanor and subject to a civil Penalty.

SUMMARY  OF  SPECIFIC  PROVISIONS: Section one of the bill provides that
the failure of  a  contractor  or  subcontractor  to  post  the  legally
required  statement of all wage rates and supplements would constitute a
misdemeanor, subject to a  fine  of  between  $500  to  S1000  for  each
offense. It further requires the contractor and sub contractors to main-
tain  "sign  in"  and  "sign out" sheets or other records reflecting the
actual dates and times of work for all laborers,  workers  or  mechanics
employed on the project.

Section  two  of the bill provides the fiscal officer with the authority
to require a contractor to file those "sign in" and  "sign  out"  sheets
within  ten  days  of  a  request (a similar requirement is in place for
payroll records). Failure to produce such records would result in  with-
holding of payment of up to 25% of payment due up to $100,000.

Section  three  oldie  bill conforms the prevailing wage law so that the
fiscal office has authority to investigate the posting  and  new  record
requirements.

Section  four  of the bill directs that the willful failure to post wage
rates or maintain or produce  records  as  required  by  the  law  shall
constitute a willful violation of the prevailing wage law resulting in a
civil  penalty  of not more than $500, and not more than $1,000 for each
subsequent noncompliance.

Section five of the bill provides the fiscal officer with  authority  to
order withholding of payments during an investigation of the new posting
and record keeping requirement,

Section  six  includes these new record keeping and posting requirements
within the violations which pertain to disqualification from bidding  on
public works jobs for two offenses.

Section  seven  of the bill conforms the misdemeanor penalty for the new
offenses to current law.

Section eight amends section  233  of  the  labor  law  to  require  all
contractors  to  maintain  original sign-in and sign-out sheets or other
records reflecting the actual dates and times of work, including arrival

and departure times, of all building service employees employed  on  the
site.

Sections  nine  - eleven of the bill similarly amend the labor law as it
pertains to building service employees who arc subject to the prevailing
wage law under article nine of the labor law.

Section twelve of the bill is the effective date immediately.

JUSTIFICATION: A strong deterrent is needed  to  ensure  that  employers
adequately  inform  their  employees  of their rights to prevailing wage
information. The misdemeanor penalty will be an incentive for  employers
to  post  prevailing  wage information, as required by law.  Sign in and
Sign out sheets, or similar records are required to confirm actual work-
ing hours, as there have been some instances where  payroll  records  do
not actually reflect hours worked or duties performed.

PRIOR LEGISLATIVE HISTORY:
A.7430 2002
A8180-A - 2003
A.7334 - 2005-06 - Passed Assembly
A.787 - 2007-08 - Passed Assembly

FISCAL  IMPLICATIONS  FOR STATE AND LOCAL GOVERNMENTS:  Should result in
stronger enforcement of the prevailing wage law and larger  revenues  in
tax collections.

EFFECTIVE  DATE:    This act shall take effect on the 180th day after it
shall have become law.

2009-A215B (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 215--B
                                                          Cal. No. 8

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  M.  of  A. LATIMER, JOHN, ORTIZ, COLTON -- read once and
  referred to  the  Committee  on  Labor  --  reported  from  committee,
  advanced  to a third reading, amended and ordered reprinted, retaining
  its place on the order of third reading  --  again  amended  on  third
  reading,  ordered reprinted, retaining its place on the order of third
  reading

AN ACT to amend the labor law, in relation to making the failure to post
  a statement of wage rates and supplements subject to prosecution as  a
  misdemeanor  and subject to a civil penalty, and requiring maintenance
  and production on the job site of "sign-in" and "sign-out" sheets upon
  the request of the fiscal officer

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

  Section 1.  Subparagraphs (iii) and (iv) of paragraph a of subdivision
3-a of section 220 of the labor law, as amended by chapter 8 of the laws
of 2008, are amended to read as follows:
  (iii)  The  contractor  and  every  sub-contractor shall keep original
payrolls or transcripts thereof, subscribed and sworn to or affirmed  by
him  or  her  as  true under the penalties of perjury, setting forth the
names and addresses and showing for each worker,  laborer,  or  mechanic
the hours and days worked, the occupations worked, the hourly wage rates
paid  and the supplements paid or provided. Where the contractor or sub-
contractor maintains no regular place of business in New York state  and
where  the  amount  of the contract is in excess of twenty-five thousand
dollars such payrolls shall be kept on the site of the work.  All  other
contractors  or  sub-contractors  shall  produce within five days on the
site of the work and upon formal order of  the  commissioner  OR  FISCAL
OFFICER  or  his or her designated representative such original payrolls
or transcripts thereof, subscribed and sworn to or affirmed  by  him  or
her  as  true under the penalties of perjury, as may be deemed necessary

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD01077-07-0

A. 215--B                           2

to adequately enforce the provisions of this article. Every  contractor,
and sub-contractor, shall submit to the department of jurisdiction with-
in  thirty  days  after  issuance of its first payroll, and every thirty
days  thereafter,  a  transcript  of  the  original  payroll  record, as
provided by this article, subscribed and sworn to or  affirmed  as  true
under  the  penalties  of perjury. Any person who wilfully fails to file
such payroll records with the department of jurisdiction shall be guilty
of a class E felony. In addition, any person who wilfully fails to  file
such  payroll  records  within  the  time specified in this subparagraph
shall be subject to a civil penalty of up to one  thousand  dollars  per
day.
  (iv)  The  department of jurisdiction shall be required to collect and
maintain such payroll records at the  times  specified  in  subparagraph
(iii)  of  this paragraph. The original payrolls or transcripts shall be
preserved by the department of jurisdiction for five years from the date
of completion of the work on the awarded  contract.  The  department  of
jurisdiction as herein referred to shall be the department of the state,
board or officer in the state, or municipal corporation or commission or
board  appointed  pursuant to law, whose duty it is to prepare or direct
the preparation of the  plans  and  specifications  for  a  public  work
project.    EVERY  CONTRACTOR  AND SUB-CONTRACTOR, REGARDLESS OF WHETHER
SUCH CONTRACTOR OR SUB-CONTRACTOR MAINTAINS A REGULAR PLACE OF  BUSINESS
IN  NEW  YORK  STATE,  SHALL MAINTAIN ON THE SITE OF THE WORK, OR ON THE
SITE WHERE WORKERS REPORT TO WORK, ORIGINAL SIGN-IN AND SIGN-OUT  SHEETS
OR  OTHER RECORDS REFLECTING THE ACTUAL DATES AND TIMES OF WORK, INCLUD-
ING ARRIVAL AND DEPARTURE TIMES, OF ALL LABORERS, WORKERS  OR  MECHANICS
EMPLOYED  ON  THE  PUBLIC  WORK, AND THE OCCUPATION IN WHICH THEY WORKED
DURING SUCH TIMES, AND SHALL PRODUCE SUCH RECORDS ON  THE  SITE  OF  THE
WORK,  OR  ON THE SITE WHERE WORKERS REPORT TO WORK, IMMEDIATELY, UNLESS
ADDITIONAL TIME IS GRANTED FOR GOOD  CAUSE  SHOWN,  UPON  RECEIPT  OF  A
REQUEST  BY  THE FISCAL OFFICER TO PRODUCE SUCH RECORDS. Each department
of jurisdiction shall designate in writing  an  individual  employed  by
such  department  responsible for the receipt, collection and review for
facial validity of payrolls. Said designation shall be  filed  with  the
fiscal officer and posted in a conspicuous location at the project site.
If  the designated individual cannot perform the receipt, collection and
review of certified payrolls duties as indicated above, for any  reason,
including  but not limited to reassignment, promotion or separation from
employment, the department of jurisdiction  must  immediately  designate
another individual employed by such department to fulfill such responsi-
bilities.  In  the event that a department of jurisdiction fails to name
an individual responsible for the receipt,  collection  and  review  for
facial  validity of payrolls, as set forth above, then the individual so
responsible shall be the individual who is the chief policy-making indi-
vidual of such department of jurisdiction.
  S 2. Paragraph c of subdivision 3-a of section 220 of the  labor  law,
as  added  by  chapter  137  of  the laws of 1985, is amended to read as
follows:
  c. The fiscal officer may require any person or corporation performing
such public work to file with the fiscal  officer  within  ten  days  of
receipt  of said request, payroll records, sworn to as to their validity
and accuracy, [requested by the fiscal officer] OR OTHER  RECORDS  WHOSE
MAINTENANCE  OR  PRODUCTION  IS REQUIRED PURSUANT TO PARAGRAPH A OF THIS
SUBDIVISION, for said public work or for  any  public  or  private  work
performed  by  said person or corporation during the same period of time
as said public work. In the event said person or  corporation  fails  to

A. 215--B                           3

provide  the requested information within the allotted ten days OR FAILS
TO PRODUCE RECORDS AS REQUIRED PURSUANT TO PARAGRAPH A OF THIS  SUBDIVI-
SION,  the  fiscal officer shall, within fifteen days, order the depart-
ment of jurisdiction to immediately withhold from payment to said person
or  corporation  up  to twenty-five percent of the amount, not to exceed
one hundred thousand dollars, to be paid to said person  or  corporation
under  the  terms  of the contract pursuant to which said public work is
being performed. Said amount withheld shall be immediately released upon
receipt by the department of jurisdiction of a notice  from  the  fiscal
officer indicating that the request for records had been satisfied.
  S  3.  Subdivision  7  of  section 220 of the labor law, as amended by
chapter 7 of the laws of 2008, is amended to read as follows:
  7. Compliance investigations. The fiscal  officer  as  herein  defined
shall  on a verified complaint in writing of any person interested or of
any employee  organization  pursuant  to  subdivision  eight-d  of  this
section,  and may on his own initiative cause a compliance investigation
to be made to determine whether the contractor or  a  subcontractor  has
paid  the  prevailing rate of wages and prevailing practices for supple-
ments in the same trade or occupation in the locality within  the  state
where  such  public  work  is  being  performed, [or] the hours of labor
performed by the [workmen] WORKERS, laborers and mechanics  employed  on
such  public  work, [or both] HAS POSTED A LEGIBLE STATEMENT OF ALL WAGE
RATES AND SUPPLEMENTS AS REQUIRED PURSUANT TO PARAGRAPH A OF SUBDIVISION
THREE-A OF THIS SECTION OR HAS FAILED TO MAINTAIN OR PRODUCE RECORDS  AS
REQUIRED PURSUANT TO PARAGRAPH A OF SUBDIVISION THREE-A OF THIS SECTION.
The  fiscal  officer or his agents, examiners and inspectors may examine
or cause to be examined the books and records pertaining to the rate  of
wages  paid  and supplements provided to the laborers, [workmen] WORKERS
and mechanics on said public work [and], the hours of labor performed by
such laborers, [workmen] WORKERS and mechanics on said public  work  AND
THE  POSTING OF A LEGIBLE STATEMENT, IN A PROMINENT AND ACCESSIBLE PLACE
ON THE SITE OF SAID PUBLIC WORK, OF ALL WAGE RATES  AND  SUPPLEMENTS  AS
SPECIFIED  IN  THE  CONTRACT TO BE PAID OR PROVIDED, AS THE CASE MAY BE,
FOR THE VARIOUS CLASSES OF MECHANICS, WORKERS OR  LABORERS  EMPLOYED  ON
SAID  PUBLIC  WORK.    The fiscal officer in such investigation shall be
deemed to be acting in a judicial capacity, and shall have the right  to
issue subpoenas, administer oaths and examine witnesses. The enforcement
of  a subpoena issued under this section shall be regulated by the civil
practice law and rules. Such fiscal officer shall make either an  order,
determination  or any other disposition, including but not limited to an
agreed upon settlement and/or stipulation, within six  months  from  the
date of filing of such verified complaint, and where a compliance inves-
tigation  is made without the filing of a verified complaint, within six
months from the date a compliance investigation  is  initiated  by  such
fiscal  officer. Upon the making of said order or determination, or upon
arriving at such agreed upon settlement and/or stipulation, a copy ther-
eof shall be sent by certified mail, return receipt  requested,  by  the
fiscal officer: (i) to the person and employee organization, if any, who
or  which initiated the complaint, (ii) to the person or corporation, if
any, against whom the complaint was brought, and (iii) where  a  compli-
ance  investigation  is  made  without the filing of a complaint, to the
person who or which was the subject of the compliance investigation.
  S 4. The second undesignated paragraph of subdivision 8 of section 220
of the labor law, as amended by chapter  7  of  the  laws  of  2008,  is
amended to read as follows:

A. 215--B                           4

  In  addition  to  directing  payment of wages or supplements including
interest found to be due, such order may direct payment of a further sum
as a civil penalty in an amount not exceeding twenty-five percent of the
total amount found to be due. In assessing the amount  of  the  penalty,
due consideration shall be given to the size of the employer's business,
the good faith of the employer, the gravity of the violation, the histo-
ry  of  previous violations and the failure to comply with recordkeeping
or other non-wage requirements.  IN THE EVENT THAT A CONTRACTOR OR  SUB-
CONTRACTOR ON PUBLIC WORKS IS FOUND TO HAVE WILLFULLY FAILED TO POST ALL
WAGE RATES AND SUPPLEMENTS OR TO MAINTAIN OR PRODUCE RECORDS AS REQUIRED
BY  SUBDIVISION  THREE-A OF THIS SECTION, SUCH A VIOLATION SHALL CONSTI-
TUTE A WILLFUL VIOLATION, AND THE FISCAL  OFFICER  MAY  ENTER  AN  ORDER
DIRECTING  SUCH  CONTRACTOR  OR  SUB-CONTRACTOR  TO PAY A SUM AS A CIVIL
PENALTY IN AN AMOUNT OF NOT MORE THAN FIVE HUNDRED DOLLARS FOR THE FIRST
SUCH NONCOMPLIANCE AND A SUM AS A CIVIL PENALTY IN AN AMOUNT OF NOT MORE
THAN ONE THOUSAND DOLLARS FOR EACH SUBSEQUENT NONCOMPLIANCE. SUCH  CIVIL
PENALTY SHALL NOT BE IMPOSED IF SUCH CONTRACTOR OR SUB-CONTRACTOR PAYS A
FINE  IMPOSED  PURSUANT TO A MISDEMEANOR CONVICTION PURSUANT TO SUBDIVI-
SION THREE-A OF THIS SECTION. Where the fiscal officer  is  the  commis-
sioner, the penalty shall be paid to the commissioner for deposit in the
state  treasury. Where the fiscal officer is a city comptroller or other
analogous officer, the penalty shall be paid to said officer for deposit
in the city treasury.
  S 5. Subparagraph 1 of paragraph a of subdivision 2 of  section  220-b
of  the  labor  law,  as  amended by chapter 547 of the laws of 1998, is
amended to read as follows:
  (1) When any interested person shall file a written complaint with the
fiscal officer, as herein defined, alleging unpaid wages or  supplements
due for labor performed on a public improvement for which a contract has
been  entered  into,  and  said  labor is alleged to have been performed
within the two-year period immediately preceding the date of the  filing
of said complaint, or if, on the fiscal officer's own initiative, unpaid
wages  or supplements appear to be due, OR IF THE CONTRACTOR OR SUB-CON-
TRACTOR HAS FAILED TO POST A LEGIBLE STATEMENT OF WAGES OR  TO  MAINTAIN
OR  PROVIDE  RECORDS  AS  REQUIRED BY SUBDIVISION THREE-A OF SECTION TWO
HUNDRED TWENTY OF THIS ARTICLE, the fiscal officer shall immediately  so
notify  the  financial  officer of the civil division interested, or, if
there are insufficient moneys still due to the contractor or subcontrac-
tor to satisfy said wages and supplements, including interest and penal-
ty, the financial officer of another civil division which has entered or
subsequently enters into a public improvement contract with the contrac-
tor or subcontractor, who shall withhold from any payment due or  earned
the  contractor  or  subcontractor  executing  any  public improvements,
sufficient moneys to  satisfy  said  wages  and  supplements,  including
interest  at the rate provided herein, and any civil penalty that may be
assessed as provided herein, pending a final determination.  The  finan-
cial  officer shall immediately confirm in writing to the fiscal officer
the amount of money withheld.
  S 6. Subparagraph 1 of paragraph b of subdivision 3 of  section  220-b
of  the  labor  law,  as  amended by chapter 241 of the laws of 2002, is
amended to read as follows:
  (1) When  two  final  determinations  have  been  rendered  against  a
contractor,  subcontractor, successor, or any substantially-owned affil-
iated entity of the contractor or subcontractor, any of the partners  if
the  contractor  or  subcontractor  is a partnership, any officer of the
contractor or subcontractor who knowingly participated in the  violation

A. 215--B                           5

of this article, any of the shareholders who own or control at least ten
per  centum  of the outstanding stock of the contractor or subcontractor
or any successor within any consecutive six-year period determining that
such  contractor,  subcontractor,  successor, or any substantially-owned
affiliated entity of the contractor or subcontractor, any of  the  part-
ners  or  any  of  the  shareholders who own or control at least ten per
centum of the outstanding stock of the contractor or subcontractor,  any
officer of the contractor or subcontractor who knowingly participated in
the  violation of this article has wilfully failed to pay the prevailing
rate of wages or to provide supplements in accordance with this article,
whether such failures were concurrent or consecutive and whether or  not
such  final  determinations concerning separate public work projects are
rendered simultaneously, such contractor, subcontractor,  successor,  or
any  substantially-owned  affiliated entity of the contractor or subcon-
tractor, any of the partners if the contractor  or  subcontractor  is  a
partnership  or  any of the shareholders who own or control at least ten
per centum of the outstanding stock of the contractor or  subcontractor,
any  officer  of  the  contractor or subcontractor who knowingly partic-
ipated in the violation of this article shall be ineligible to submit  a
bid  on  or  be awarded any public work contract or subcontract with the
state, any municipal corporation or public body for  a  period  of  five
years from the second final determination, provided, however, that where
any  such  final  determination  involves  the  falsification of payroll
records or the kickback of wages or supplements, the contractor, subcon-
tractor, successor, or any substantially-owned affiliated entity of  the
contractor  or  subcontractor,  any partner if the contractor or subcon-
tractor is a partnership or any of the shareholders who own  or  control
at  least  ten  per centum of the outstanding stock of the contractor or
subcontractor, any officer of the contractor or subcontractor who  know-
ingly  participated in the violation of this article shall be ineligible
to submit a bid on or be awarded  any  public  work  contract  with  the
state,  any  municipal  corporation  or public body for a period of five
years from the first final determination.
  WHEN TWO FINAL DETERMINATIONS HAVE BEEN ENTERED  AGAINST  ANY  OF  THE
AFOREMENTIONED  ENTITIES  OR INDIVIDUALS WITHIN ANY CONSECUTIVE SIX-YEAR
PERIOD DETERMINING THAT SUCH ENTITY OR INDIVIDUAL HAS  WILLFULLY  FAILED
TO  POST  A  STATEMENT  OF  WAGES OR HAS WILLFULLY FAILED TO MAINTAIN OR
PRODUCE RECORDS AS  REQUIRED  BY  SUBDIVISION  THREE-A  OF  SECTION  TWO
HUNDRED  TWENTY OF THIS ARTICLE, OR WHEN ONE SUCH DETERMINATION HAS BEEN
ENTERED DURING THE SAME CONSECUTIVE SIX-YEAR PERIOD AS A FINAL  DETERMI-
NATION  THAT  ANY  SUCH ENTITY OR INDIVIDUAL HAS WILLFULLY FAILED TO PAY
THE PREVAILING RATE OF WAGES OR  SUPPLEMENTS  IN  ACCORDANCE  WITH  THIS
ARTICLE,   AND   SUCH  DETERMINATIONS  CONCERNED  SEPARATE  PUBLIC  WORK
CONTRACTS AND WERE NOT CONCURRENT, ANY SUCH  ENTITY  OR  INDIVIDUAL  WHO
KNOWINGLY  PARTICIPATED  IN SUCH FAILURE SHALL BE INELIGIBLE TO SUBMIT A
BID ON OR BE AWARDED ANY PUBLIC WORK CONTRACT OR  SUBCONTRACT  WITH  THE
STATE,  ANY  MUNICIPAL  CORPORATION  OR PUBLIC BODY FOR A PERIOD OF FIVE
YEARS FROM THE DATE OF THE SECOND FINAL DETERMINATION.
  S 7. Subdivision 6 of section 231 of the labor law, as added by  chap-
ter 777 of the laws of 1971, is amended to read as follows:
  6.  No  later  than  the first day upon which work on said contract is
performed by any employee, the contractor shall post in a prominent  and
accessible  place  on  the  site  of the work a legible statement of the
wages to be paid  to  the  [workmen]  WORKERS  employed  thereon.    ANY
CONTRACTOR  WHO IS FOUND TO HAVE WILLFULLY FAILED TO POST SUCH STATEMENT
SHALL BE GUILTY OF A MISDEMEANOR, WHICH UPON CONVICTION  THEREOF,  SHALL

A. 215--B                           6

BE  PUNISHABLE  BY A FINE OF NOT LESS THAN FIVE HUNDRED DOLLARS NOR MORE
THAN ONE THOUSAND DOLLARS FOR EACH OFFENSE.
  S  8. Subdivision 1 of section 233 of the labor law, as added by chap-
ter 777 of the laws of 1971, is amended to read as follows:
  1. In all cases where service work is being performed  pursuant  to  a
contract  therefor, the contractor shall keep original payrolls or tran-
scripts thereof, subscribed and confirmed by him as true,  under  penal-
ties of perjury, showing the hours and days worked by each employee, the
craft, trade or occupation at which he was employed, and the wages paid.
EVERY  CONTRACTOR SHALL MAINTAIN ORIGINAL SIGN-IN AND SIGN-OUT SHEETS OR
OTHER RECORDS REFLECTING THE ACTUAL DATES AND TIMES OF  WORK,  INCLUDING
ARRIVAL  AND DEPARTURE TIMES, OF ALL BUILDING SERVICE EMPLOYEES EMPLOYED
ON THE SITE OF THE WORK, OR ON THE SITE WHERE WORKERS  REPORT  TO  WORK,
AND  SHALL  PRODUCE  SUCH  RECORDS AT THE WORK SITE OR ON THE SITE WHERE
WORKERS REPORT TO WORK, IMMEDIATELY, UNLESS ADDITIONAL TIME  IS  GRANTED
FOR GOOD CAUSE SHOWN, UPON RECEIPT OF A REQUEST BY THE FISCAL OFFICER TO
PRODUCE SUCH RECORDS.
  S  9.  Paragraph (c) of subdivision 1 of section 234 of the labor law,
as added by chapter 777 of the laws of  1971,  is  amended  to  read  as
follows:
  (c)  to  examine  the  books,  documents and records pertaining to the
wages paid to, and the hours of work performed  by,  service  employees,
AND  TO REQUIRE THE IMMEDIATE PRODUCTION OF RECORDS REQUIRED TO BE MAIN-
TAINED PURSUANT TO SUBDIVISION ONE OF SECTION TWO  HUNDRED  THIRTY-THREE
OF THIS ARTICLE;
  S 10. Subdivision 1 of section 235 of the labor law, as added by chap-
ter 777 of the laws of 1971, is amended to read as follows:
  1.  Whenever  the  fiscal officer has reason to believe that a service
employee has been paid less than the wages stipulated in  the  contract,
or if such contract has no wage schedule attached thereto and the fiscal
officer has reason to believe that a service employee has been paid less
than  the  wages  prevailing  for his craft, trade or occupation, THAT A
CONTRACTOR HAS FAILED TO  POST WAGES AS REQUIRED BY SUBDIVISION  SIX  OF
SECTION  TWO HUNDRED THIRTY-ONE OF THIS ARTICLE OR FAILED TO MAINTAIN OR
PRODUCE RECORDS AS REQUIRED BY SECTION TWO HUNDRED THIRTY-THREE OF  THIS
ARTICLE, the fiscal officer may, and upon receipt of a written complaint
from an employee employed thereon, shall conduct a special investigation
to determine the facts relating thereto.
  S  11.  Subdivision  7  of section 235 of the labor law, as amended by
chapter 547 of the laws of 1998, is amended to read as follows:
  7. When, pursuant to the provisions of this section, two final  orders
have been entered against a contractor, subcontractor, successor, or any
substantially-owned  affiliated  entity of the contractor or subcontrac-
tor, any of the partners if the contractor or subcontractor is  a  part-
nership,  any  of  the  five  largest  shareholders of the contractor or
subcontractor, any officer of the contractor or subcontractor who  know-
ingly  participated  in the violation of this article within any consec-
utive six-year period determining that such contractor or  subcontractor
and/or  its  successor,  substantially-owned  affiliated  entity  of the
contractor or subcontractor, any of the partners  or  any  of  the  five
largest  shareholders of the contractor or subcontractor, any officer of
the contractor  or  subcontractor  who  knowingly  participated  in  the
violation  of  this  article  has willfully failed to pay the prevailing
wages in accordance with the provisions of this  article,  whether  such
failures  were  concurrent  or consecutive and whether or not such final
determinations concerning separate public building service contracts are

A. 215--B                           7

rendered simultaneously, such contractor, subcontractor, successor,  and
if  the contractor, subcontractor, successor, or any substantially-owned
affiliated entity of the contractor or subcontractor, any of  the  part-
ners  if the contractor or subcontractor is a partnership, or any of the
five largest shareholders of the contractor or subcontractor, any  offi-
cer of the contractor or subcontractor who knowingly participated in the
violation  of this article, or any successor is a corporation, any offi-
cer of such corporation who  knowingly  participated  in  such  failure,
shall be ineligible to submit a bid on or be awarded any public building
service  work  for  a  period  of five years from the date of the second
order, provided, however, that where any such final order  involves  the
falsification  of payroll records or the kickback of wages, the contrac-
tor, subcontractor, successor, substantially-owned affiliated entity  of
the  contractor  or  subcontractor,  any  partner  if  the contractor or
subcontractor is a partnership or any of the five  largest  shareholders
of  the  contractor  or  subcontractor, any officer of the contractor or
subcontractor who knowingly participated in the violation of this  arti-
cle  shall  be  ineligible  to  submit a bid on or be awarded any public
building service contract or subcontract with the state,  any  municipal
corporation  or  public body for a period of five years from the date of
the first final order.
  WHEN TWO FINAL DETERMINATIONS HAVE BEEN ENTERED  AGAINST  ANY  OF  THE
AFOREMENTIONED  ENTITIES  OR INDIVIDUALS WITHIN ANY CONSECUTIVE SIX-YEAR
PERIOD DETERMINING THAT SUCH ENTITY OR INDIVIDUAL HAS  WILLFULLY  FAILED
TO  POST  A STATEMENT OF WAGES AS REQUIRED BY SUBDIVISION SIX OF SECTION
TWO HUNDRED THIRTY-ONE OF THIS ARTICLE OR HAS WILLFULLY FAILED TO  MAIN-
TAIN  OR PRODUCE RECORDS AS REQUIRED BY SECTION TWO HUNDRED THIRTY-THREE
OF THIS ARTICLE, OR WHEN ONE SUCH DETERMINATION HAS BEEN ENTERED  DURING
THE  SAME  CONSECUTIVE SIX-YEAR PERIOD AS A FINAL DETERMINATION THAT ANY
SUCH ENTITY OR INDIVIDUAL HAS WILLFULLY FAILED  TO  PAY  THE  PREVAILING
RATE  OF  WAGES OR SUPPLEMENTS IN ACCORDANCE WITH THIS ARTICLE, AND SUCH
DETERMINATIONS  CONCERNED  SEPARATE  BUILDING  CONTRACTS  AND  WERE  NOT
CONCURRENT,  ANY SUCH ENTITY OR INDIVIDUAL WHO KNOWINGLY PARTICIPATED IN
SUCH FAILURE SHALL BE INELIGIBLE TO SUBMIT A BID ON OR  BE  AWARDED  ANY
PUBLIC  BUILDING  SERVICE  CONTRACT  OR  SUBCONTRACT WITH THE STATE, ANY
MUNICIPAL CORPORATION OR PUBLIC BODY FOR A PERIOD OF FIVE YEARS FROM THE
DATE OF THE SECOND FINAL ORDER. Nothing in  this  subdivision  shall  be
construed  as  affecting  any  provision  of any other law or regulation
relating to the awarding of public contracts.
  S 12. This act shall take effect on  the  one  hundred  eightieth  day
after it shall have become a law.

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Assembly Bill A215

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