Senate Bill S5232

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

                                  5232

                       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 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
              

S. 5232                             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.