Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 06, 2010 |
referred to labor |
Apr 27, 2009 |
referred to labor |
Senate Bill S5232
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-S5232 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A7386
- Current Committee:
- Senate Labor
- Law Section:
- Labor Law
- Laws Affected:
- Amd ยงยง220 & 231, Lab L
2009-S5232 (ACTIVE) - Sponsor Memo
BILL NUMBER: S5232 TITLE OF BILL : An act to amend the labor law, in relation to the posting of prevailing wage PURPOSE OR GENERAL IDEA OF BILL : This bill's provisions establish posting requirements to improve notice to employees about their respective rights to receive prevailing wage rates and thus will help in the enforcement of existing prevailing wage laws. SUMMARY OF SPECIFIC PROVISIONS : This bill improves notice to employees about prevailing wage rates through notice in English and other languages. It provides for penalties for non-compliance of the posting requirements. JUSTIFICATION : Many workers are unaware of their rights to receive prevailing wage rates of pay. This bill will ensure due notice is given to workers of such rights and it provides that the notice is in English as well as other languages so all workers are aware of their rights. PRIOR LEGISLATIVE HISTORY : A8054 of 2005-06: Referred to labor A5368 of 2007-08: Referred to labor
2009-S5232 (ACTIVE) - Bill Text download pdf
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
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