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Assembly Bill A2143

2009-2010 Legislative Session

Directs the commissioner of labor to calculate proper payment of supplements by an annualization methodology

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Archive: Last Bill Status - In Assembly Committee

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2009-A2143 (ACTIVE) - Details

See Senate Version of this Bill:
S4309
Current Committee:
Assembly Labor
Law Section:
Labor Law
Laws Affected:
Amd ยง220, Lab L
Versions Introduced in Other Legislative Sessions:
2011-2012: A4810, S4018
2013-2014: S3361
2015-2016: S5695
2017-2018: S828

2009-A2143 (ACTIVE) - Summary

Authorizes the commissioner of labor to calculate proper payment of supplements by an annualization methodology utilized by the US department of labor under the Davis-Bacon Act of 1931; provides for the application of such method to be uniformly applied in every investigation.

2009-A2143 (ACTIVE) - Bill Text download pdf 

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

                                  2143

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 15, 2009
                               ___________

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

AN ACT to amend the labor law, in relation to directing the commissioner
  of labor to calculate proper payment of supplements by  an  annualiza-
  tion methodology

  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 3-f to read as follows:
  3-F.  IN ORDER TO PREVENT EMPLOYERS FROM USING PUBLIC WORK, AS DEFINED
IN THIS ARTICLE, AS A DISPROPORTIONATE OR EXCLUSIVE  SOURCE  OF  FUNDING
FOR  BENEFITS  THAT ARE IN FACT CONTINUOUS IN NATURE AND ARE PART OF THE
REGULAR COMPENSATION FOR ALL EMPLOYEE WORK WHETHER  PUBLIC  OR  PRIVATE,
THE  COMMISSIONER  SHALL  DIRECT  THAT THE PROPER PAYMENT OF SUPPLEMENTS
SHALL BE CALCULATED BY EMPLOYING THE ANNUALIZATION METHODOLOGY  UTILIZED
BY THE UNITED STATES DEPARTMENT OF LABOR IN CALCULATIONS UNDER THE DAVIS
BACON ACT OF 1931, AS AMENDED, 40 USC. S 276(A)-276-A-7.
  S 2. This act shall take effect on the one hundred twentieth day after
it  shall  have become a law and shall apply to all contracts and agree-
ments entered into on and after such date.  Effective  immediately,  the
addition,  amendment  and/or  repeal of any rule or regulation necessary
for the implementation of this act on its effective date  is  authorized
and directed to be made and completed on or before such effective date.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05339-01-9

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