S T A T E O F N E W Y O R K
________________________________________________________________________
3705
2009-2010 Regular Sessions
I N A S S E M B L Y
January 28, 2009
___________
Introduced by M. of A. JOHN, NOLAN, SCHROEDER -- read once and referred
to the Committee on Labor
AN ACT to amend the labor law, in relation to hours, wages and supple-
ments for work on public work projects and the definition of public
work
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 2 of section 220 of the labor law, as amended
by chapter 678 of the laws of 2007, is amended to read as follows:
2. Each contract, LEASE, GRANT, BOND, COVENANT, DEBT AGREEMENT OR
PERMIT to which the state or a public benefit corporation or a municipal
corporation or a commission appointed pursuant to law is a party,
INCLUDING ALL PROJECTS INVOLVING THE CONSTRUCTION, DEMOLITION, RECON-
STRUCTION, EXCAVATION, REHABILITATION, REPAIR, RENOVATION OR ALTERATION
OF A BUILDING, CHARTER SCHOOL OR IMPROVEMENT TO PROPERTY FINANCED, IN
WHOLE OR IN PART, THROUGH AN INDUSTRIAL DEVELOPMENT AGENCY, JOB DEVELOP-
MENT AUTHORITY, DORMITORY AUTHORITY, CORRECTIONAL AUTHORITY, OR SIMILAR
PUBLIC ENTITY, and any contract for public work entered into by a third
party acting in place of, on behalf of and for the benefit of such
public entity pursuant to any lease, permit or other agreement between
such third party and the public entity, and which may involve the
employment of laborers, workers or mechanics shall contain a stipulation
that no laborer, worker or mechanic in the employ of the contractor,
subcontractor or other person doing or contracting to do the whole or a
part of the work contemplated by the contract shall be permitted or
required to work more than eight hours in any one calendar day or more
than five days in any one week except in cases of extraordinary emergen-
cy including fire, flood or danger to life or property. No such person
shall be so employed more than eight hours in any day or more than five
days in any one week except in such emergency. Extraordinary emergency
within the meaning of this section shall be deemed to include situations
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05951-01-9
A. 3705 2
in which sufficient laborers, workers and mechanics cannot be employed
to carry on public work expeditiously as a result of such restrictions
upon the number of hours and days of labor and the immediate commence-
ment or prosecution or completion without undue delay of the public work
is necessary in the judgment of the commissioner for the preservation of
the contract site and for the protection of the life and limb of the
persons using the same. Upon the application of any person interested,
the commissioner shall make a determination as to whether or not on any
public project or on all public projects in any area of this state,
sufficient laborers, workers and mechanics of any or all classifications
can be employed to carry on work expeditiously if their labor is
restricted to eight hours per day and five days per week, and in the
event that the commissioner determines that there are not sufficient
workers, laborers and mechanics of any or all classifications which may
be employed to carry on such work expeditiously if their labor is
restricted to eight hours per day and five days per week, and the imme-
diate commencement or prosecution or completion without undue delay of
the public work is necessary in the judgment of the commissioner for the
preservation of the contract site and for the protection of the life and
limb of the persons using the same, the commissioner shall grant a
dispensation permitting all laborers, workers and mechanics, or any
classification of such laborers, workers and mechanics, to work such
additional hours or days per week on such public project or in such
areas the commissioner shall determine. Whenever such a dispensation is
granted, all work in excess of eight hours per day and five days per
week shall be considered overtime work, and the laborers, workers and
mechanics performing such work shall be paid a premium wage commensurate
with the premium wages prevailing in the area in which the work is
performed. No such dispensation shall be effective with respect to any
public work unless and until the department of jurisdiction, as defined
in this section, certifies to the commissioner that such public work is
of an important nature and that a delay in carrying it to completion
would result in serious disadvantage to the public. Time lost in any
week because of inclement weather by employees engaged in the
construction, reconstruction and maintenance of highways outside of the
limits of cities and villages may be made up during that week and/or the
succeeding three weeks.
S 2. Subdivision 2 of section 220 of the labor law, as amended by
chapter 851 of the laws of 1947, is amended to read as follows:
2. Each contract, LEASE, GRANT, BOND, COVENANT, DEBT AGREEMENT OR
PERMIT to which the state or a public benefit corporation or a municipal
corporation or a commission appointed pursuant to law is a party,
INCLUDING ALL PROJECTS INVOLVING THE CONSTRUCTION, DEMOLITION, RECON-
STRUCTION, EXCAVATION, REHABILITATION, REPAIR, RENOVATION OR ALTERATION
OF A BUILDING, CHARTER SCHOOL OR IMPROVEMENT TO PROPERTY FINANCED, IN
WHOLE OR IN PART, THROUGH AN INDUSTRIAL DEVELOPMENT AGENCY, JOB DEVELOP-
MENT AUTHORITY, DORMITORY AUTHORITY, CORRECTIONAL AUTHORITY, OR SIMILAR
PUBLIC ENTITY, and which may involve the employment of laborers, workmen
or mechanics shall contain a stipulation that no laborer, workman or
mechanic in the employ of the contractor, subcontractor or other person
doing or contracting to do the whole or a part of the work contemplated
by the contract shall be permitted or required to work more than eight
hours in any one calendar day or more than five days in any one week
except in cases of extraordinary emergency including fire, flood or
danger to life or property. No such person shall be so employed more
than eight hours in any day or more than five days in any one week
A. 3705 3
except in such emergency. Extraordinary emergency within the meaning of
this section shall be deemed to include situations in which sufficient
laborers, workmen and mechanics cannot be employed to carry on public
work expeditiously as a result of such restrictions upon the number of
hours and days of labor and the immediate commencement or prosecution or
completion without undue delay of the public work is necessary in the
judgment of the [industrial] commissioner for the preservation of the
contract site and for the protection of the life and limb of the persons
using the same. Upon the application of any person interested, the
[industrial] commissioner shall make a determination as to whether or
not on any public project or on all public projects in any area of this
state, sufficient laborers, workmen and mechanics of any or all classi-
fications can be employed to carry on work expeditiously if their labor
is restricted to eight hours per day and five days per week, and in the
event that the [industrial] commissioner determines that there are not
sufficient workmen, laborers and mechanics of any or all classifications
which may be employed to carry on such work expeditiously if their labor
is restricted to eight hours per day and five days per week, and the
immediate commencement or prosecution or completion without undue delay
of the public work is necessary in the judgment of the [industrial]
commissioner for the preservation of the contract site and for the
protection of the life and limb of the persons using the same, the
[industrial] commissioner shall grant a dispensation permitting all
laborers, workmen and mechanics, or any classification of such laborers,
workmen and mechanics, to work such additional hours or days per week on
such public project or in such areas the [industrial] commissioner shall
determine. Whenever such a dispensation is granted, all work in excess
of eight hours per day and five days per week shall be considered over-
time work, and the laborers, workmen and mechanics performing such work
shall be paid a premium wage commensurate with the premium wages
prevailing in the area in which the work is performed. No such dispensa-
tion shall be effective with respect to any public work unless and until
the department of jurisdiction, as defined in this section, certifies to
the [industrial] commissioner that such public work is of an important
nature and that a delay in carrying it to completion would result in
serious disadvantage to the public. Time lost in any week because of
inclement weather by employees engaged in the construction, recon-
struction and maintenance of highways outside of the limits of cities
and villages may be made up during that week and/or the succeeding three
weeks.
S 3. Subdivision 5 of section 220 of the labor law is amended by
adding a new paragraph m to read as follows:
M. "PUBLIC WORK", FOR THE INTENTS AND PURPOSES OF THIS ARTICLE,
INCLUDES ALL WORK PERFORMED UNDER EACH CONTRACT TO WHICH THE STATE OR A
PUBLIC BENEFIT CORPORATION OR A MUNICIPAL CORPORATION OR A COMMISSION
APPOINTED PURSUANT TO LAW IS A PARTY, INCLUDING ALL PROJECTS FINANCED,
IN WHOLE OR IN PART, THROUGH AN INDUSTRIAL DEVELOPMENT AGENCY, JOB
DEVELOPMENT AUTHORITY, DORMITORY AUTHORITY, CORRECTIONAL AUTHORITY, OR
SIMILAR PUBLIC ENTITY, THE ISSUANCE OF BONDS, GRANTS, TAX EXEMPTIONS OR
ABATEMENTS OR OTHER FINANCIAL SUBSIDIES, AND WHICH MAY INVOLVE THE
EMPLOYMENT OF LABORERS, WORKMEN OR MECHANICS, AS SET FORTH IN SUBDIVI-
SION TWO OF THIS SECTION. ADDITIONALLY, "PUBLIC WORK" INCLUDES ALL
CONSTRUCTION, DEMOLITION, RECONSTRUCTION, EXCAVATION, REPAIR, RENO-
VATION, OR REHABILITATION OF BUILDINGS OR PROPERTY BY A PRIVATE OWNER OR
DEVELOPER OR NOT-FOR-PROFIT ENTITY OR CHARTER SCHOOL THAT IS PERFORMED
IN CONJUNCTION WITH A STATE OR PUBLIC GRANT OR PURSUANT TO AN AGREEMENT
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FOR THE PURCHASE OR LEASING OF SUCH BUILDINGS OR PROPERTY BY THE STATE
OR A PUBLIC BENEFIT CORPORATION, OR A MUNICIPAL CORPORATION, OR A
COMMISSION APPOINTED PURSUANT TO LAW, INCLUDING INDUSTRIAL DEVELOPMENT
AGENCIES, JOB DEVELOPMENT AUTHORITIES, DORMITORY AUTHORITIES, CORREC-
TIONAL AUTHORITIES, OR SIMILAR ENTITIES.
S 4. This act shall take effect immediately; provided that the amend-
ments to subdivision 2 of section 220 of the labor law made by section
one of this act shall be subject to the expiration and reversion of such
subdivision pursuant to section 5 of chapter 678 of the laws of 2007, as
amended, when upon such date the provisions of section two of this act
shall take effect.