Senate Bill S5982

Signed By Governor
2009-2010 Legislative Session

Relates to the prompt payment of employees and contractors engaged in private construction projects

download bill text pdf

Sponsored By

Archive: Last Bill Status Via A6493 - Signed by Governor


  • 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

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2009-S5982 (ACTIVE) - Details

See Assembly Version of this Bill:
A6493
Law Section:
Labor Law
Laws Affected:
Amd §196-a, Lab L; amd §§756, 756-a, 756-b & 757, Gen Bus L

2009-S5982 (ACTIVE) - Summary

Relates to the prompt payment of employees and contractors engaged in private construction projects.

2009-S5982 (ACTIVE) - Sponsor Memo

2009-S5982 (ACTIVE) - Bill Text download pdf

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

                                  5982

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              June 19, 2009
                               ___________

Introduced  by  Sens. SAVINO, ADDABBO -- read twice and ordered printed,
  and when printed to be committed to the Committee on Rules

AN ACT to amend the labor law and the general business law, in  relation
  to the prompt payment of employees and contractors engaged in  private
  construction projects

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 196-a of the labor law, as added by chapter 605  of
the laws of 1997, is amended to read as follows:
  S  196-a.  Complaints by employees to commissioner.  (A) Any employee,
or the recognized and certified collective bargaining  agent  acting  on
the  employee's  behalf,  may  file  with  the  commissioner a complaint
regarding a violation of THIS article [six], article nineteen, or  arti-
cle  nineteen-A  of  this chapter for an investigation of such complaint
and statement setting the appropriate remedy, if any.    Failure  of  an
employer to keep adequate records, in addition to exposing such employer
to  penalties  authorized  under  subdivision one of section two hundred
eighteen of this chapter, shall not operate as a  bar  to  filing  of  a
complaint by an employee. In such a case the employer in violation shall
bear the burden of proving that the complaining employee was paid wages,
benefits and wage supplements.
  (B)  ANY EMPLOYEE, OR THE RECOGNIZED AND CERTIFIED COLLECTIVE BARGAIN-
ING AGENT ACTING ON THE EMPLOYEE'S BEHALF, CONTRACTOR, OR THE RECOGNIZED
AND CERTIFIED LABOR ORGANIZATION WITH WHICH THE CONTRACTOR HAS  EXECUTED
A  COLLECTIVE  BARGAINING AGREEMENT COVERING WAGES, BENEFITS AND SUPPLE-
MENTS, MAY FILE WITH THE COMMISSIONER A COMPLAINT REGARDING  AN  ALLEGED
VIOLATION OF THIS ARTICLE OR ARTICLE NINETEEN OF THIS CHAPTER OCCASIONED
BY  ANOTHER  PERSON,  CORPORATION,  EMPLOYER OR ENTITIES IN VIOLATION OF
ARTICLE THIRTY-FIVE-E OF THE GENERAL BUSINESS LAW FOR  AN  INVESTIGATION
OF SUCH COMPLAINT AND STATEMENT SETTING THE APPROPRIATE REMEDY, IF ANY.
  S  2.  Subdivision  1  of  section 756 of the general business law, as
added by chapter 127 of the laws of 2002, is amended to read as follows:
  1. "Construction contract" means a written or oral agreement  for  the
construction, reconstruction, alteration, maintenance, moving or demoli-

              

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