S T A T E O F N E W Y O R K
________________________________________________________________________
3415
2011-2012 Regular Sessions
I N A S S E M B L Y
January 25, 2011
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Introduced by M. of A. SCHIMMINGER, ROBINSON, CLARK -- Multi-Sponsored
by -- M. of A. BOYLAND, BRENNAN, HIKIND, KOLB, MAGEE, MARKEY, McENE-
NY, PEOPLES-STOKES, PERRY, J. RIVERA, N. RIVERA -- read once and
referred to the Committee on Labor
AN ACT to amend the labor law, in relation to timely notice of allega-
tions of prevailing wage violations
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 such evidence indi-
cates a non-compliance or evasion on the part of a sub-contractor,
SUBJECT TO THE PROVISIONS OF SUBDIVISION TWO OF THIS SECTION, 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, THE CONTRACTOR SHALL BE
RESPONSIBLE FOR THE NON-COMPLIANCE OR EVASION OF A SUB-CONTRACTOR UNDER
THIS ARTICLE ONLY IF THE EMPLOYEE OF THE SUB-CONTRACTOR, OR THE EMPLOY-
EE'S COLLECTIVE BARGAINING REPRESENTATIVE, JOINTLY TRUSTEED FUND OR ANY
OTHER INTERESTED PARTY HAS PROVIDED A VERIFIED NOTICE OF SUCH NON-COM-
PLIANCE OR EVASION TO THE CONTRACTOR WITHIN ONE YEAR OF THE DATE OF THE
LAST ALLEGED UNDERPAYMENT. NOTHING CONTAINED IN THIS SUBDIVISION,
INCLUDING, BUT NOT LIMITED TO, THE FAILURE TO GIVE NOTICE AS PROVIDED IN
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06349-01-1
A. 3415 2
THIS SUBDIVISION, SHALL BE DEEMED TO RELIEVE THE OBLIGATION OF A
SUB-CONTRACTOR 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
SUB-CONTRACTOR, THE CONTRACTOR SHALL HAVE A RIGHT OF ACTION PERSONALLY
AGAINST ANY OFFICER, OWNER OR PRINCIPAL OF SUCH SUB-CONTRACTOR 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.