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Assembly Bill A2072

2009-2010 Legislative Session

Creates a cause of action against a public works contractor for failure to provide certain employee benefits

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Archive: Last Bill Status - In Assembly Committee

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2009-A2072 (ACTIVE) - Details

See Senate Version of this Bill:
S5211
Current Committee:
Assembly Labor
Law Section:
Labor Law
Laws Affected:
Amd ยง220, Lab L

2009-A2072 (ACTIVE) - Summary

Creates a cause of action for damages by any contractor, subcontractor or employee thereof, whose bid on a public works contract was rejected, against the contractor or subcontractor whose bid was accepted in lieu thereof and who knowingly fails to provide unemployment, workers' compensation and disability benefits.

2009-A2072 (ACTIVE) - Bill Text download pdf 

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

                                  2072

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 15, 2009
                               ___________

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

AN ACT to amend the labor law, in relation to an action for damages  for
  failure  to provide unemployment, workers' compensation and disability
  benefits to workers on public works contracts

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

  Section  1.  Section  220  of the labor law is amended by adding a new
subdivision 10 to read as follows:
  10. ANY CONTRACTOR OR  SUBCONTRACTOR,  OR  EMPLOYEE  THEREOF,  WHO  IS
DAMAGED  DUE  TO  A  BID  SUBMITTED  BY SUCH CONTRACTOR OR SUBCONTRACTOR
PURSUANT TO THIS SECTION NOT BEING  ACCEPTED  AND  THE  BID  OF  ANOTHER
CONTRACTOR  OR  SUBCONTRACTOR,  WHO KNOWINGLY VIOLATES THE PROVISIONS OF
ARTICLES FOUR AND NINE OF THE WORKERS' COMPENSATION LAW  AND/OR  ARTICLE
EIGHTEEN  OF  THIS  CHAPTER, BEING ACCEPTED IN LIEU THEREOF SHALL HAVE A
CAUSE OF ACTION FOR DAMAGES AGAINST THE CONTRACTOR OR SUBCONTRACTOR  WHO
WAS  AWARDED  THE  CONTRACT.  SUCH  ACTION MAY BE BROUGHT IN THE SUPREME
COURT.
  S 2. This act shall take effect immediately.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04144-01-9

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