S T A T E O F N E W Y O R K
________________________________________________________________________
10656
I N A S S E M B L Y
April 13, 2010
___________
Introduced by M. of A. MONTESANO -- read once and referred to the
Committee on Labor
AN ACT to amend the labor law, in relation to the prevailing rate of
wages for work associated with certain construction projects
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraphs (a) and (b) of subdivision 3 of section 220 of
the labor law, as amended by chapter 7 of the laws of 2008, are amended
to read as follows:
(a) The wages to be paid for a legal day's work, as hereinbefore
defined, to laborers, workmen or mechanics upon such public works, shall
be not less than the prevailing rate of wages as hereinafter defined.
FOR PURPOSES OF THIS PARAGRAPH, "SUCH PUBLIC WORKS" SHALL INCLUDE ANY
PROGRAM OR PROJECT THE FINANCING OF WHICH IS PROVIDED, IN WHOLE OR IN
PART, BY ANY COUNTY, CITY, TOWN, VILLAGE, PUBLIC BENEFIT CORPORATION,
PUBLIC AUTHORITY, INDUSTRIAL DEVELOPMENT AGENCY OR ANY SUBSIDIARY THERE-
OF. Serving laborers, helpers, assistants and apprentices shall not be
classified as common labor and shall be paid not less than the prevail-
ing rate of wages as hereinafter defined. No employee shall be deemed to
be an apprentice unless he is individually registered in an apprentice-
ship program which is duly registered with the commissioner of labor in
conformity with the provisions of article twenty-three of this chapter.
The wages to be paid for a legal day's work, as hereinbefore defined, to
laborers, workmen or mechanics upon any material to be used upon or in
connection therewith, shall be not less than the prevailing rate for a
day's work in the same trade or occupation in the locality within the
state where such public work on, about or in connection with which such
labor is performed in its final or completed form is to be situated,
erected or used. Such contracts shall contain a provision that each
laborer, workman or mechanic, employed by such contractor, subcontractor
or other person about or upon such public work, shall be paid the wages
herein provided.
(b) The supplements, as hereinafter defined, to be provided to labor-
ers, workmen or mechanics upon such public works, shall be in accordance
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01530-01-9
A. 10656 2
with the prevailing practices in the locality, as hereinafter defined.
Serving laborers, helpers, assistants and apprentices shall not be clas-
sified as common labor and shall be provided supplements in accordance
with the prevailing practices as hereinafter defined. FOR PURPOSES OF
THIS PARAGRAPH, "SUCH PUBLIC WORKS" SHALL INCLUDE ANY PROGRAM OR PROJECT
THE FINANCING OF WHICH IS PROVIDED, IN WHOLE OR IN PART, BY ANY COUNTY,
CITY, TOWN, VILLAGE, PUBLIC BENEFIT CORPORATION, PUBLIC AUTHORITY,
INDUSTRIAL DEVELOPMENT AGENCY OR ANY SUBSIDIARY THEREOF. No employee
shall be deemed to be an apprentice unless he is individually registered
in an apprenticeship program which is duly registered with the [indus-
trial] commissioner in conformity with the provisions of article twen-
ty-three of this chapter. The supplements, as hereinafter defined, to be
provided to laborers, workmen or mechanics upon any material to be used
upon or in connection therewith, shall be in accordance with the
prevailing practices in the same trade or occupation in the locality
within the state where such public work on, about or in connection with
which such labor is performed in its final or completed form is to be
situated, erected or used. Such contracts shall contain a provision that
each laborer, workman or mechanic, employed by such contractor, subcon-
tractor or other person about or upon such public work, shall be
provided the supplements as required in this article.
S 2. Section 220-d of the labor law, as amended by chapter 750 of the
laws of 1956, is amended to read as follows:
S 220-d. Minimum rate of wage and supplement. The advertised specifi-
cations for every contract for the construction, reconstruction, mainte-
nance and/or repair of public work to which the state, county, town
and/or village is a party shall contain a provision stating the minimum
hourly rate of wage which can be paid and the minimum supplement that
can be provided, as shall be designated by the [industrial] commission-
er, to the laborers, workingmen or mechanics employed in the performance
of the contract, either by the contractor, sub-contractor or other
person doing or contracting to do the whole or a part of the work
contemplated by the contract, and the contract shall contain a stipu-
lation that such laborers, workingmen or mechanics shall be paid not
less than such hourly minimum rate of wage and provided supplements not
less than the prevailing supplements.
Any person or corporation that wilfully pays after entering into such
contract, less than such stipulated minimums regarding wages and supple-
ments shall be guilty of a misdemeanor and upon conviction shall be
punished, for a first offense by a fine of five hundred dollars or by
imprisonment for not more than thirty days, or by both fine and impri-
sonment AND SHALL BE PROHIBITED FOR A PERIOD OF FIVE YEARS FROM BIDDING
ON ANY PUBLIC WORK PROJECT IN THE STATE; for a second offense by a fine
of one thousand dollars, and in addition thereto the contract on which
the violation has occurred shall be forfeited AND SUCH PERSON OR CORPO-
RATION SHALL BE THEREAFTER PROHIBITED FROM BIDDING ON ANY PUBLIC WORK
PROJECT IN THE STATE; and no such person or corporation shall be enti-
tled to receive any sum nor shall any officer, agent or employee of the
state pay the same or authorize its payment from the funds under his
charge or control to any person or corporation for work done upon any
contract, on which the contractor has been convicted of second offense
in violation of the provisions of this section.
S 3. This act shall take effect immediately.