S T A T E   O F   N E W   Y O R K
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                                  10838

                          I N  A S S E M B L Y

                             April 23, 2010
                               ___________

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

AN ACT to amend the labor law, in relation to providing notification  of
  prevailing wage violation allegations

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

  Section 1. Section 223 of the labor law, as amended by chapter 929  of
the laws of 1935, is amended to read as follows:
  S  223.  Enforcement  of  article. 1. If the fiscal officer as defined
herein finds that any person contracting with  the  state,  a  municipal
corporation,  or  any  commission  appointed  pursuant  to  law, for the
performance of any public work  fails  to  comply  with  or  evades  the
provisions  of  this article, he shall present evidence of such non-com-
pliance or evasion to  the  officer,  department,  board  or  commission
having  charge  of  such work for enforcement.  [Wherein] SUBJECT TO THE
PROVISIONS OF SUBDIVISION TWO OF THIS  SECTION,  WHEREIN  such  evidence
indicates  a  non-compliance or evasion on the part of a sub-contractor,
the contractor shall be responsible for such non-compliance or  evasion.
It  shall be the duty of any officer, department, board or commission in
charge of the construction of such public work contracts to enforce  the
provisions of this article.
  2.  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF  LAW TO THE CONTRARY, A
CONTRACTOR SHALL BE RESPONSIBLE FOR THE NON-COMPLIANCE OR EVASION  OF  A
SUBCONTRACTOR UNDER THIS ARTICLE ONLY IF THE EMPLOYEE OF THE SUBCONTRAC-
TOR,  OR  THE  EMPLOYEE'S  COLLECTIVE BARGAINING REPRESENTATIVE, JOINTLY
TRUSTEED FUND OR ANY OTHER INTERESTED PARTY HAS NOTIFIED THE  CONTRACTOR
OF  SUCH  NON-COMPLIANCE OR EVASION IN ACCORDANCE WITH THE PROVISIONS OF
THIS SUBDIVISION. SUCH NOTICE SHALL BE VERIFIED, IN WRITING, AND MUST BE
PROVIDED TO THE CONTRACTOR WITHIN ONE YEAR  OF  THE  DATE  OF  THE  LAST
ALLEGED UNDERPAYMENT.
  3.  NOTHING  CONTAINED  IN THIS SECTION SHALL BE DEEMED TO RELIEVE THE
OBLIGATION OF A SUBCONTRACTOR TO PAY, AS  AN  EMPLOYER,  THE  WAGES  AND
SUPPLEMENTS,  INCLUDING  ANY  INTEREST OR PENALTIES, REQUIRED TO BE PAID
PURSUANT TO THIS ARTICLE. IN THE EVENT A CONTRACTOR UNDER  THIS  SECTION

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

                                                           LBD16971-01-0

A. 10838                            2

OR  SECTION  TWO HUNDRED TWENTY-G OF THIS ARTICLE IS REQUIRED TO PAY ANY
WAGES, SUPPLEMENTS, INTEREST OR PENALTIES AS A RESULT OF THE  NONPAYMENT
OF  A  SUBCONTRACTOR,  THE  CONTRACTOR  SHALL  HAVE  A  RIGHT  OF ACTION
PERSONALLY AGAINST ANY OFFICER, OWNER OR PRINCIPAL OF SUCH SUBCONTRACTOR
TO RECOVER SUCH PAYMENTS.
  S  2.  Paragraphs  (b)  and (c) of subdivision 2 of section 740 of the
labor law, as added by chapter 660 of the laws of 1984, are amended  and
a new paragraph (d) is added to read as follows:
  (b)  provides  information  to,  or  testifies before, any public body
conducting an investigation, hearing or inquiry into any such  violation
of a law, rule or regulation by such employer; [or]
  (c) objects to, or refuses to participate in any such activity, policy
or practice in violation of a law, rule or regulation[.]; OR
  (D)  PROVIDES  NOTICE,  OR  HAS  NOTICE  PROVIDED ON HIS OR HER BEHALF
PURSUANT TO THE PROVISIONS OF SUBDIVISION TWO  OF  SECTION  TWO  HUNDRED
TWENTY-THREE OF THIS CHAPTER.
  S  3.  This  act  shall take effect on the sixtieth day after it shall
have become a law and shall be applicable to complaints of  sub-contrac-
tor non-compliance filed on and after such effective date.