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Assembly Bill A2859

2009-2010 Legislative Session

Enacts the "owner-driver protection act" to make public work standards applicable to owner-drivers

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Archive: Last Bill Status - In Assembly Committee

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2009-A2859 (ACTIVE) - Details

See Senate Version of this Bill:
S5200
Current Committee:
Assembly Labor
Law Section:
Labor Law
Laws Affected:
Amd ยง220, Lab L
Versions Introduced in Other Legislative Sessions:
2011-2012: A4128
2013-2014: A4646
2015-2016: A2823

2009-A2859 (ACTIVE) - Summary

Enacts the "owner-driver protection act"; requires public work contractors and subcontractors employing owner-drivers on public work projects to pay the prevailing rate of wage, provide appropriate supplements and provide workers' compensation and disability coverage to such drivers.

2009-A2859 (ACTIVE) - Bill Text download pdf 

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

                                  2859

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 21, 2009
                               ___________

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

AN ACT to amend the labor law, in relation to owner-drivers employed  on
  public work projects

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

  Section 1. Short title. This act shall be known and may  be  cited  as
the "owner-driver protection act".
  S 2. Legislative findings. The legislature hereby finds that there has
been  increased  utilization of owner-drivers in connection with on-site
work on state and local public work projects  and  the  delivery  and/or
removal  of materials from such projects. Such utilization of owner-dri-
vers has had the effect, in many cases, of undermining  prevailing  wage
and overall workplace standards applicable to such public work projects.
This  legislation is being enacted to ensure that appropriate prevailing
wage and overall workplace  standards  are  maintained  on  public  work
projects  for  both  owner-drivers  and  all  other  drivers employed by
contractors and subcontractors on state and local public work projects.
  S 3. Section 220 of the labor law is amended by adding a new  subdivi-
sion 3-f to read as follows:
  3-F.  A.    FOR THE PURPOSES OF THIS SUBDIVISION, "OWNER-DRIVER" SHALL
MEAN ANY DRIVER WHO IS ENGAGED  BY  A  CONTRACTOR  OR  SUBCONTRACTOR  TO
PERFORM  ON-SITE  WORK  ON  A  PUBLIC  WORK PROJECT OR TO DELIVER AND/OR
REMOVE MATERIAL TO OR FROM ANY SUCH  PROJECT,  AND  WHO  UTILIZES  MOTOR
VEHICLES THAT SUCH DRIVER OWNS AND/OR LEASES FOR THE PURPOSE OF PERFORM-
ING THE PUBLIC WORK.
  B.   EVERY CONTRACTOR PERFORMING A PUBLIC WORK PROJECT, WHICH DIRECTLY
OR THROUGH A SUBCONTRACTOR EMPLOYS ANY  OWNER-DRIVER  ON  SUCH  PROJECT,
SHALL:
  (I) CERTIFY, ON A WEEKLY BASIS, TO THE DEPARTMENT OF JURISDICTION:
  (A) THAT EACH OWNER-DRIVER HAS RECEIVED A SEPARATE CHECK FOR:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05473-01-9

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