Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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---|---|
Jun 16, 2010 |
referred to labor delivered to assembly passed senate ordered to third reading cal.1006 |
Jun 15, 2010 |
committee discharged and committed to rules |
Jan 06, 2010 |
referred to labor |
Apr 27, 2009 |
referred to labor |
Senate Bill S5014
2009-2010 Legislative Session
Sponsored By
(D) Senate District
Archive: Last Bill Status - In Assembly Committee
- 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
Actions
Votes
co-Sponsors
(D, IP) Senate District
2009-S5014 (ACTIVE) - Details
2009-S5014 (ACTIVE) - Sponsor Memo
BILL NUMBER: S5014 TITLE OF BILL : An act to amend the labor law, in relation to establishing a time schedule for prevailing wage violation claims PURPOSE : The purpose of this bill is to expedite the process by which prevailing wage violations are adjudicated by the New York State Department of Labor. This bill would require the Department of Labor to take all reasonable steps to expeditiously conclude prevailing wage investigations after receipt of all records required for such an investigation. SUMMARY OF PROVISIONS : This bill amends Section 220 of the Labor Law by amending subdivision 7 to require that the Department of Labor take all reasonable steps to conduct prevailing wage compliance investigations and hearings and make orders, determinations or other dispositions expeditiously upon receipt of all required records. JUSTIFICATION : Currently, there exists a significant backlog of prevailing wage violations, which are awaiting completion of compliance investigations and final adjudication hearings. In order to effectively sanction those persons who violate New York State's prevailing wage law in a
2009-S5014 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5014 2009-2010 Regular Sessions I N S E N A T E April 27, 2009 ___________ Introduced by Sens. STACHOWSKI, SAVINO -- read twice and ordered print- ed, and when printed to be committed to the Committee on Labor AN ACT to amend the labor law, in relation to establishing a time sched- ule for prevailing wage violation claims THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. 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, laborers and mechanics employed on such public work, or both. The fiscal officer or his agents, examiners and inspec- tors may examine or cause to be examined the books and records pertain- ing to the rate of wages paid and supplements provided to the laborers, workmen and mechanics on said public work and the hours of labor performed by such laborers, workmen and mechanics 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, admin- ister oaths and examine witnesses. The enforcement of a subpoena issued under this section shall be regulated by the civil practice law and rules. [Such] UPON RECEIPT OF ALL RECORDS REQUIRED UNDER THIS ARTICLE FOR SUCH INVESTIGATION, THE fiscal officer shall TAKE ALL REASONABLE STEPS TO EXPEDITIOUSLY 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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03169-01-9
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