S T A T E   O F   N E W   Y O R K
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                                  4128

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 1, 2011
                               ___________

Introduced  by  M.  of  A.  ENGLEBRIGHT -- read once and referred to the
  Committee on Labor

AN ACT to amend the labor law, in relation to owner-drivers employed  on
  public work projects

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

  Section 1. Short title. This act shall be known and may  be  cited  as
the "owner-driver protection act".
  S 2. Legislative findings. The legislature hereby finds that there has
been  increased  utilization of owner-drivers in connection with on-site
work on state and local public work projects  and  the  delivery  and/or
removal  of materials from such projects. Such utilization of owner-dri-
vers has had the effect, in many cases, of undermining  prevailing  wage
and overall workplace standards applicable to such public work projects.
This  legislation is being enacted to ensure that appropriate prevailing
wage and overall workplace  standards  are  maintained  on  public  work
projects  for  both  owner-drivers  and  all  other  drivers employed by
contractors and subcontractors on state and local public work projects.
  S 3. Section 220 of the labor law is amended by adding a new  subdivi-
sion 3-f to read as follows:
  3-F.  A.    FOR THE PURPOSES OF THIS SUBDIVISION, "OWNER-DRIVER" SHALL
MEAN ANY DRIVER WHO IS ENGAGED  BY  A  CONTRACTOR  OR  SUBCONTRACTOR  TO
PERFORM  ON-SITE  WORK  ON  A  PUBLIC  WORK PROJECT OR TO DELIVER AND/OR
REMOVE MATERIAL TO OR FROM ANY SUCH  PROJECT,  AND  WHO  UTILIZES  MOTOR
VEHICLES THAT SUCH DRIVER OWNS AND/OR LEASES FOR THE PURPOSE OF PERFORM-
ING THE PUBLIC WORK.
  B.   EVERY CONTRACTOR PERFORMING A PUBLIC WORK PROJECT, WHICH DIRECTLY
OR THROUGH A SUBCONTRACTOR EMPLOYS ANY  OWNER-DRIVER  ON  SUCH  PROJECT,
SHALL:
  (I) CERTIFY, ON A WEEKLY BASIS, TO THE DEPARTMENT OF JURISDICTION:
  (A) THAT EACH OWNER-DRIVER HAS RECEIVED A SEPARATE CHECK FOR:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07430-01-1
              

A. 4128                             2

  (1) WAGES,
  (2) MOTOR VEHICLE RENTAL, AND
  (3) ANY REQUIRED FRINGE BENEFITS AND SUPPLEMENTS, PAID DIRECTLY TO THE
OWNER-DRIVER  OR  TO  ANY TRUST FUND OR OTHER ACCOUNT FOR THE BENEFIT OF
THE OWNER-DRIVER; AND
  (B) THAT EACH OWNER-DRIVER IS COVERED  BY  WORKERS'  COMPENSATION  AND
DISABILITY INSURANCE;
  (II) MAINTAIN ALL RECORDS RELATING TO OWNER-DRIVERS INCLUDING, BUT NOT
LIMITED TO, PAY STUBS, OTHER RECORDS OF PAYMENT AND INSURANCE COVERAGE.
  C.  EVERY  OWNER-DRIVER  SHALL BE PAID THE PREVAILING RATE OF WAGE FOR
THE PUBLIC WORK PROJECT.
  D. ANY CONTRACTOR OR SUBCONTRACTOR WHO VIOLATES THE PROVISIONS OF THIS
SUBDIVISION SHALL BE PROHIBITED FROM BIDDING UPON OR BEING  AWARDED  ANY
CONTRACT FOR OR BEING EMPLOYED AT ANY PUBLIC WORK PROJECT.
  S  4.  This  act shall take effect on the thirtieth day after it shall
have become a law.