Assembly Bill A7375A

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

                                 7375--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               May 3, 2011
                               ___________

Introduced by M. of A. WRIGHT -- read once and referred to the Committee
  on  Labor  -- committee discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

AN ACT to amend the labor law, in relation to hours, wages, and  supple-
  ments  for  work on public work projects including charter schools and
  to amend the education law, in relation to charter school construction

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

  Section  1.  Subdivision 2 of section 220 of the labor law, as amended
by chapter 678 of the laws of 2007, is amended to read as follows:
  2. Each contract to which the state or a public benefit corporation or
a municipal corporation or a commission appointed pursuant to law OR  AN
EDUCATION  CORPORATION ORGANIZED TO OPERATE A CHARTER SCHOOL is a party,
AND ANY LEASE, GRANT, BOND, COVENANT, DEBT AGREEMENT OR PERMIT TO  WHICH
AN  EDUCATION  CORPORATION  ORGANIZED  TO  OPERATE A CHARTER SCHOOL IS A
PARTY, and any contract for public work entered into by  a  third  party
acting  in  place  of,  on  behalf of and for the benefit of such public
entity pursuant to any lease, permit or  other  agreement  between  such
third  party and the public entity, and which may involve the employment
of laborers, workers or mechanics shall contain a  stipulation  that  no
laborer, worker or mechanic in the employ of the contractor, subcontrac-
tor  or  other  person doing or contracting to do the whole or a part of
the work contemplated by the contract shall be permitted or required  to
work  more  than  eight  hours in any one calendar day or more than five
days in any one week except in cases of extraordinary emergency  includ-
ing  fire,  flood or danger to life or property. No such person shall be
so employed more than eight hours in any day or more than five  days  in
any  one  week  except in such emergency. Extraordinary emergency within
the meaning of this section shall be deemed  to  include  situations  in
which  sufficient  laborers, workers and mechanics cannot be employed to
carry on public work expeditiously as a result of such restrictions upon

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10927-03-1
              

A. 7375--A                          2

the number of hours and days of labor and the immediate commencement  or
prosecution  or  completion  without  undue  delay of the public work is
necessary in the judgment of the commissioner for  the  preservation  of
the  contract  site  and  for the protection of the life and limb of the
persons using the same. Upon the application of any  person  interested,
the  commissioner shall make a determination as to whether or not on any
public project or on all public projects in  any  area  of  this  state,
sufficient laborers, workers and mechanics of any or all classifications
can  be  employed  to  carry  on  work  expeditiously  if their labor is
restricted to eight hours per day and five days per  week,  and  in  the
event  that  the  commissioner  determines that there are not sufficient
workers, laborers and mechanics of any or all classifications which  may
be  employed  to  carry  on  such  work  expeditiously if their labor is
restricted to eight hours per day and five days per week, and the  imme-
diate  commencement  or prosecution or completion without undue delay of
the public work is necessary in the judgment of the commissioner for the
preservation of the contract site and for the protection of the life and
limb of the persons using the  same,  the  commissioner  shall  grant  a
dispensation  permitting  all  laborers,  workers  and mechanics, or any
classification of such laborers, workers and  mechanics,  to  work  such
additional  hours  or  days  per  week on such public project or in such
areas the commissioner shall determine. Whenever such a dispensation  is
granted,  all  work  in  excess of eight hours per day and five days per
week shall be considered overtime work, and the  laborers,  workers  and
mechanics performing such work shall be paid a premium wage commensurate
with  the  premium  wages  prevailing  in  the area in which the work is
performed. No such dispensation shall be effective with respect  to  any
public  work unless and until the department of jurisdiction, as defined
in this section, certifies to the commissioner that such public work  is
of  an  important  nature  and that a delay in carrying it to completion
would result in serious disadvantage to the public.  Time  lost  in  any
week   because   of  inclement  weather  by  employees  engaged  in  the
construction, reconstruction and maintenance of highways outside of  the
limits of cities and villages may be made up during that week and/or the
succeeding three weeks.
  S  2.  Subdivision  2  of  section 220 of the labor law, as amended by
chapter 851 of the laws of 1947, is amended to read as follows:
  2. Each contract to which the state or a public benefit corporation or
a municipal corporation or a commission appointed pursuant to law OR  AN
EDUCATION  CORPORATION ORGANIZED TO OPERATE A CHARTER SCHOOL is a party,
AND ANY LEASE, GRANT, BOND, COVENANT, DEBT AGREEMENT OR PERMIT TO  WHICH
AN  EDUCATION  CORPORATION  ORGANIZED  TO  OPERATE A CHARTER SCHOOL IS A
PARTY, and which may involve the  employment  of  laborers,  workmen  or
mechanics  shall  contain  a  stipulation  that  no  laborer, workman or
mechanic in the employ of the contractor, subcontractor or other  person
doing  or contracting to do the whole or a part of the work contemplated
by the contract shall be permitted or required to work more  than  eight
hours  in  any  one  calendar day or more than five days in any one week
except in cases of extraordinary  emergency  including  fire,  flood  or
danger  to  life  or  property. No such person shall be so employed more
than eight hours in any day or more than  five  days  in  any  one  week
except  in such emergency. Extraordinary emergency within the meaning of
this section shall be deemed to include situations in  which  sufficient
laborers,  workmen  and  mechanics cannot be employed to carry on public
work expeditiously as a result of such restrictions upon the  number  of
hours and days of labor and the immediate commencement or prosecution or

A. 7375--A                          3

completion  without  undue  delay of the public work is necessary in the
judgment of the [industrial] commissioner for the  preservation  of  the
contract site and for the protection of the life and limb of the persons
using  the  same.  Upon  the  application  of any person interested, the
[industrial] commissioner shall make a determination as  to  whether  or
not  on any public project or on all public projects in any area of this
state, sufficient laborers, workmen and mechanics of any or all  classi-
fications  can be employed to carry on work expeditiously if their labor
is restricted to eight hours per day and five days per week, and in  the
event  that  the [industrial] commissioner determines that there are not
sufficient workmen, laborers and mechanics of any or all classifications
which may be employed to carry on such work expeditiously if their labor
is restricted to eight hours per day and five days  per  week,  and  the
immediate  commencement or prosecution or completion without undue delay
of the public work is necessary in  the  judgment  of  the  [industrial]
commissioner  for  the  preservation  of  the  contract site and for the
protection of the life and limb of  the  persons  using  the  same,  the
[industrial]  commissioner  shall  grant  a  dispensation permitting all
laborers, workmen and mechanics, or any classification of such laborers,
workmen and mechanics, to work such additional hours or days per week on
such public project or in such areas the [industrial] commissioner shall
determine. Whenever such a dispensation is granted, all work  in  excess
of  eight hours per day and five days per week shall be considered over-
time work, and the laborers, workmen and mechanics performing such  work
shall  be  paid  a  premium  wage  commensurate  with  the premium wages
prevailing in the area in which the work is performed. No such dispensa-
tion shall be effective with respect to any public work unless and until
the department of jurisdiction, as defined in this section, certifies to
the [industrial] commissioner that such public work is of  an  important
nature  and  that  a  delay in carrying it to completion would result in
serious disadvantage to the public. Time lost in  any  week  because  of
inclement  weather  by  employees  engaged  in  the construction, recon-
struction and maintenance of highways outside of the  limits  of  cities
and villages may be made up during that week and/or the succeeding three
weeks.
  S  3. Subdivision 1 of section 2854 of the education law is amended by
adding a new paragraph (g) to read as follows:
  (G) A CHARTER SCHOOL SHALL BE SUBJECT TO  THE  PROVISIONS  OF  ARTICLE
EIGHT  OF  THE  LABOR  LAW  AND SECTION ONE HUNDRED THREE OF THE GENERAL
MUNICIPAL LAW.
  S 4. This act shall take effect immediately; provided that the  amend-
ments  to  subdivision 2 of section 220 of the labor law made by section
one of this act shall be subject to the expiration and reversion of such
subdivision pursuant to section 5 of chapter 678 of the laws of 2007, as
amended, when upon such date the provisions of section two of  this  act
shall take effect.