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Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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| Jan 06, 2010 |
referred to labor |
| Apr 27, 2009 |
referred to labor |
Senate Bill S5197
2009-2010 Legislative Session
Sponsored By
(D, IP) Senate District
Archive: Last Bill Status - In Senate Committee Labor Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
2009-S5197 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A2130
- Current Committee:
- Senate Labor
- Law Section:
- Labor Law
- Laws Affected:
- Amd §223, Lab L
2009-S5197 (ACTIVE) - Summary
Authorizes an employee organization to have the same standing to enforce the provisions of public work contracts against a contractor or any sub-contractor as the officer, department, board or commission in charge of such public work contract if any of the organization's members were employed on such public work project.
2009-S5197 (ACTIVE) - Sponsor Memo
BILL NUMBER: S5197
TITLE OF BILL : An act to amend the labor law, in relation to
enforcement of public work contracts by an employee organization
PURPOSE OR GENERAL IDEA OF BILL : The bill relates to the enforcement
of public work contracts by an employee organization.
SUMMARY OF SPECIFIC PROVISIONS : The bill adds language to section
223 of the Labor Law to include employee organizations as an
enforceable entity of contractors and sub-contractors who fail to
comply with prevailing wage laws. It will not be necessary for the
fiscal officer to present evidence to the employee organization to
take action to enforce the prevailing wage law. Lastly, it provides
that the contractor take responsibility for the actions of the
sub-contractor.
JUSTIFICATION : Section 220 of the Labor Law (Prevailing Wage) may be
enforced by the actions of the Chief Fiscal Officer (CFO) of the
contracting political subdivision which let the public works contract.
In practice, Section 220 is rarely, if ever, invoked by a CFO. The
result is that the Labor Department must use its limited resources to
seek enforcement of the workers' rights, which often means a delay of
several years before an employee is properly paid. A bona fide
employee organization is in a perfect position to enforce the rights
of its members, thus ensuring proper payment of wages and supplements
2009-S5197 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
5197
2009-2010 Regular Sessions
I N S E N A T E
April 27, 2009
___________
Introduced by Sen. SAVINO -- read twice and ordered printed, and when
printed to be committed to the Committee on Labor
AN ACT to amend the labor law, in relation to enforcement of public work
contracts by an employee organization
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 223 of the labor law, as amended by chapter 929 of
the laws of 1935, is amended to read as follows:
S 223. Enforcement of article. If the fiscal officer as defined herein
finds that any person contracting with the state, a municipal corpo-
ration, or any commission appointed pursuant to law, for the performance
of any public work fails to comply with or evades the provisions of this
article, he OR SHE shall present evidence of such non-compliance or
evasion to the officer, department, board or commission having charge of
such work for enforcement. Wherein such evidence indicates a non-com-
pliance or evasion on the part of a sub-contractor, the contractor shall
be responsible for such non-compliance or evasion. It shall be the duty
of any officer, department, board or commission in charge of the
construction of such public work contracts to enforce the provisions of
this article. IN ADDITION, AN EMPLOYEE ORGANIZATION SHALL HAVE THE SAME
STANDING TO ENFORCE THE PROVISIONS OF THIS ARTICLE AGAINST A CONTRACTOR
OR ANY SUB-CONTRACTOR AS THE OFFICER, DEPARTMENT, BOARD OR COMMISSION IN
CHARGE OF SUCH PUBLIC WORK CONTRACT IF ANY OF THE EMPLOYEE ORGANIZA-
TION'S MEMBERS WERE EMPLOYED ON SUCH PUBLIC WORK PROJECT BY ANY CONTRAC-
TOR OR SUB-CONTRACTOR WHO FAILS TO COMPLY WITH OR EVADES THE PROVISIONS
OF THIS ARTICLE. IT SHALL NOT BE NECESSARY FOR THE FISCAL OFFICER TO
PRESENT EVIDENCE OF SUCH NON-COMPLIANCE OR EVASION TO THE EMPLOYEE
ORGANIZATION IN ORDER FOR SAID EMPLOYEE ORGANIZATION TO ENFORCE THE
PROVISIONS OF THIS ARTICLE. WHERE THE NON-COMPLIANCE OR EVASION IS ON
THE PART OF ANY SUB-CONTRACTOR, THE CONTRACTOR SHALL BE RESPONSIBLE FOR
SUCH NON-COMPLIANCE OR EVASION.
S 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
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