S T A T E O F N E W Y O R K
________________________________________________________________________
7386
2009-2010 Regular Sessions
I N A S S E M B L Y
April 2, 2009
___________
Introduced by M. of A. JOHN -- read once and referred to the Committee
on Labor
AN ACT to amend the labor law, in relation to the posting of prevailing
wage
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subparagraph (ii) of paragraph a of subdivision 3-a of
section 220 of the labor law, as separately amended by chapters 7 and 63
of the laws of 2008, is amended to read as follows:
(ii) The contractor and every sub-contractor on public works contracts
shall post in a prominent and accessible place on the site where the
work is performed a legible statement of all wage rates and supplements
as specified in the contract to be paid or provided, as the case may be,
for the various classes of mechanics, workers, or laborers employed on
the work. Such posted statement shall be written in plain English and
titled, in lettering no smaller than two inches in height and two inches
in width, with the phrase "Prevailing Rate of Wages". EACH CONTRACTOR
OR SUB-CONTRACTOR SHALL ENSURE THAT SUCH STATEMENT IS PROVIDED IN
ENGLISH, SPANISH AND ANY OTHER LANGUAGES SPOKEN BY TEN PERCENT OR MORE
OF THE WORKERS EMPLOYED BY THE CONTRACTOR OR SUB-CONTRACTORS. Such post-
ed statement shall be constructed of materials capable of withstanding
adverse weather conditions. EVERY CONTRACTOR OR SUB-CONTRACTOR WHO
FAILS TO POST SUCH STATEMENT SHALL, FOR THE FIRST DAY OF A VIOLATION
THEREOF, BE LIABLE FOR A CIVIL PENALTY OF NOT LESS THAN FIFTY DOLLARS
NOR MORE THAN ONE HUNDRED DOLLARS; AND FOR THE SECOND DAY OF SUCH
VIOLATION AND EACH SUBSEQUENT DAY THEREAFTER UNTIL SUCH POSTING IS
DISPLAYED, BE LIABLE FOR A CIVIL PENALTY THAT IS TWO TIMES THE AMOUNT OF
THE PENALTY OF THE PREVIOUS DAY, NOT TO EXCEED TEN THOUSAND DOLLARS PER
DAY. WHERE THE FISCAL OFFICER IS THE COMMISSIONER, THE FINE SHALL BE
PAID TO THE COMMISSIONER FOR DEPOSIT IN THE STATE TREASURY. WHERE THE
FISCAL OFFICER IS THE CITY COMPTROLLER OF A CITY WITH A POPULATION IN
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10765-01-9
A. 7386 2
EXCESS OF ONE MILLION, THE PENALTY SHALL BE PAID TO SAID OFFICER FOR
DEPOSIT IN THE CITY TREASURY. The contractor and every sub-contractor
shall notify all laborers, workers or mechanics in their employ in writ-
ing of the prevailing rate of wage for their particular job classifica-
tion. Such notification shall be given to every laborer, worker or
mechanic on their first pay stub and with every pay stub thereafter. At
the beginning of performance of every public works contract, and with
the first paycheck after July first of each year, the contractor and
every sub-contractor shall notify all laborers, workers, and mechanics
in their employ in writing, in accordance with such form as is
prescribed by the fiscal officer, of the telephone number and address
for the fiscal officer. The notice shall also inform each laborer, work-
er, or mechanic of his or her right to contact the fiscal officer or
some other representative if, at any time while working for the public
works contractor or sub-contractor, he or she does not receive the prop-
er prevailing rate of wages or supplements for his or her particular job
classification that he or she is entitled to receive under the contract.
If after investigation the fiscal officer finds that a contractor or
sub-contractor has (1) failed to post any notice required under this
subdivision, (2) failed to set forth the prevailing wage on the pay
stub, (3) wilfully posted the incorrect prevailing wage, or (4) wilfully
set forth the incorrect prevailing wage on the pay stub, the fiscal
officer, shall by an order which shall describe particularly the nature
of the alleged violation, assess the contractor or sub-contractor a
civil penalty of not more than fifty dollars upon the first finding of a
violation, two hundred fifty dollars upon the second finding of a
violation, and five hundred dollars for each subsequent violation. In
assessing the amount of the penalty, the fiscal officer shall give due
consideration to the size of the employer's business, the good faith of
the employer, and the gravity of the violation.
S 2. Subdivision 6 of section 231 of the labor law, as added by chap-
ter 777 of the laws of 1971, is amended to read as follows:
6. No later than the first day upon which work on said contract is
performed by any employee, the contractor shall post in a prominent and
accessible place on the site of the work a legible statement of the
wages to be paid to the [workmen] WORKERS employed thereon. EACH
CONTRACTOR OR SUB-CONTRACTOR SHALL ENSURE THAT SUCH STATEMENT IS
PROVIDED IN ENGLISH, SPANISH AND ANY OTHER LANGUAGES SPOKEN BY TEN
PERCENT OR MORE OF THE WORKERS EMPLOYED BY THE CONTRACTOR OR SUB-CON-
TRACTORS. EVERY CONTRACTOR OR SUB-CONTRACTOR WHO FAILS TO POST SUCH
STATEMENT SHALL, FOR THE FIRST DAY OF A VIOLATION THEREOF, BE LIABLE FOR
A CIVIL PENALTY OF NOT LESS THAN FIFTY DOLLARS NOR MORE THAN ONE HUNDRED
DOLLARS; AND FOR THE SECOND DAY OF SUCH VIOLATION AND EACH SUBSEQUENT
DAY THEREAFTER UNTIL SUCH POSTING IS DISPLAYED, BE LIABLE FOR A CIVIL
PENALTY THAT IS TWO TIMES THE AMOUNT OF THE PENALTY OF THE PREVIOUS DAY,
NOT TO EXCEED TEN THOUSAND DOLLARS PER DAY. WHERE THE FISCAL OFFICER IS
THE COMMISSIONER, THE FINE SHALL BE PAID TO THE COMMISSIONER FOR DEPOSIT
IN THE STATE TREASURY. WHERE THE FISCAL OFFICER IS THE CITY COMPTROLLER
OF A CITY WITH A POPULATION IN EXCESS OF ONE MILLION, THE PENALTY SHALL
BE PAID TO SAID OFFICER FOR DEPOSIT IN THE CITY TREASURY.
S 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law.