S T A T E O F N E W Y O R K
________________________________________________________________________
2929
2011-2012 Regular Sessions
I N A S S E M B L Y
January 21, 2011
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Introduced by M. of A. ZEBROWSKI -- read once and referred to the
Committee on Labor
AN ACT to amend the labor law, in relation to providing notification of
prevailing wage violation allegations
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. 1. If the fiscal officer as defined
herein finds that any person contracting with the state, a municipal
corporation, 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 shall present evidence of such non-com-
pliance or evasion to the officer, department, board or commission
having charge of such work for enforcement. [Wherein] SUBJECT TO THE
PROVISIONS OF SUBDIVISION TWO OF THIS SECTION, WHEREIN such evidence
indicates a non-compliance 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.
2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, A
CONTRACTOR SHALL BE RESPONSIBLE FOR THE NON-COMPLIANCE OR EVASION OF A
SUBCONTRACTOR UNDER THIS ARTICLE ONLY IF THE EMPLOYEE OF THE SUBCONTRAC-
TOR, OR THE EMPLOYEE'S COLLECTIVE BARGAINING REPRESENTATIVE, JOINTLY
TRUSTEED FUND OR ANY OTHER INTERESTED PARTY HAS NOTIFIED THE CONTRACTOR
OF SUCH NON-COMPLIANCE OR EVASION IN ACCORDANCE WITH THE PROVISIONS OF
THIS SUBDIVISION. SUCH NOTICE SHALL BE VERIFIED, IN WRITING, AND MUST BE
PROVIDED TO THE CONTRACTOR WITHIN ONE YEAR OF THE DATE OF THE LAST
ALLEGED UNDERPAYMENT.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00568-01-1
A. 2929 2
3. NOTHING CONTAINED IN THIS SECTION SHALL BE DEEMED TO RELIEVE THE
OBLIGATION OF A SUBCONTRACTOR TO PAY, AS AN EMPLOYER, THE WAGES AND
SUPPLEMENTS, INCLUDING ANY INTEREST OR PENALTIES, REQUIRED TO BE PAID
PURSUANT TO THIS ARTICLE. IN THE EVENT A CONTRACTOR UNDER THIS SECTION
OR SECTION TWO HUNDRED TWENTY-G OF THIS ARTICLE IS REQUIRED TO PAY ANY
WAGES, SUPPLEMENTS, INTEREST OR PENALTIES AS A RESULT OF THE NONPAYMENT
OF A SUBCONTRACTOR, THE CONTRACTOR SHALL HAVE A RIGHT OF ACTION
PERSONALLY AGAINST ANY OFFICER, OWNER OR PRINCIPAL OF SUCH SUBCONTRACTOR
TO RECOVER SUCH PAYMENTS.
S 2. Paragraphs (b) and (c) of subdivision 2 of section 740 of the
labor law, as added by chapter 660 of the laws of 1984, are amended and
a new paragraph (d) is added to read as follows:
(b) provides information to, or testifies before, any public body
conducting an investigation, hearing or inquiry into any such violation
of a law, rule or regulation by such employer; [or]
(c) objects to, or refuses to participate in any such activity, policy
or practice in violation of a law, rule or regulation[.]; OR
(D) PROVIDES NOTICE, OR HAS NOTICE PROVIDED ON HIS OR HER BEHALF
PURSUANT TO THE PROVISIONS OF SUBDIVISION TWO OF SECTION TWO HUNDRED
TWENTY-THREE OF THIS CHAPTER.
S 3. This act shall take effect on the sixtieth day after it shall
have become a law and shall be applicable to complaints of sub-contrac-
tor non-compliance filed on and after such effective date.