S T A T E O F N E W Y O R K
________________________________________________________________________
1789
2009-2010 Regular Sessions
I N A S S E M B L Y
January 12, 2009
___________
Introduced by M. of A. CALHOUN -- Multi-Sponsored by -- M. of A. BUTLER,
ERRIGO, TOWNSEND -- 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] WORKERS or mechanics upon such public
works, shall be not less than the prevailing rate of wages as hereinaft-
er 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 PUBLIC BENEFIT CORPORATION, PUBLIC AUTHORITY,
INDUSTRIAL DEVELOPMENT AGENCY, OR ANY SUBSIDIARY THEREOF. Serving labor-
ers, helpers, assistants and apprentices shall not be classified as
common labor and shall be paid not less than the prevailing rate of
wages as hereinafter defined. No employee shall be deemed to be an
apprentice unless he OR SHE 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 chap-
ter. The wages to be paid for a legal day's work, as hereinbefore
defined, to laborers, [workmen] WORKERS 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] WORKER or mechanic, employed by
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
A LBD02544-01-9
A. 1789 2
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] WORKERS or mechanics upon such public works, shall be in
accordance with the prevailing practices in the locality, 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 PUBLIC BENEFIT CORPORATION, PUBLIC AUTHORITY,
INDUSTRIAL DEVELOPMENT AGENCY, OR ANY SUBSIDIARY THEREOF. Serving labor-
ers, helpers, assistants and apprentices shall not be classified as
common labor and shall be provided supplements in accordance with the
prevailing practices as hereinafter defined. No employee shall be deemed
to be an apprentice unless he OR SHE is individually registered in an
apprenticeship program which is duly registered with the [industrial]
commissioner in conformity with the provisions of article twenty-three
of this chapter. The supplements, as hereinafter defined, to be provided
to laborers, [workmen] WORKERS 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] WORKER or mechanic, employed by such contractor,
subcontractor or other person about or upon such public work, shall be
provided the supplements as required in this article.
S 2. This act shall take effect immediately.