senate Bill S1817

2013-2014 Legislative Session

Provides a time schedule that the fiscal officer must follow when investigating and adjudicating complaints of prevailing wage violations

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to infrastructure and capital investment
Feb 01, 2013 committee discharged and committed to infrastructure and capital investment
Jan 09, 2013 referred to labor

S1817 - Bill Details

Current Committee:
Senate Infrastructure And Capital Investment
Law Section:
Labor Law
Laws Affected:
Amd ยง220, Lab L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S3010
2009-2010: S5014

S1817 - Bill Texts

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Provides a time schedule that the fiscal officer must follow when investigating and adjudicating complaints of prevailing wage violations.

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BILL NUMBER:S1817

TITLE OF BILL:
An act
to amend the labor law, in relation to establishing a time schedule for
prevailing wage violation claims

PURPOSE:
The purpose of this bill is to expedite the process by which
prevailing wage violations are adjudicated by the New York State
Department of Labor. This bill would require the Department of Labor
to take all reasonable steps to expeditiously conclude prevailing
wage investigations after receipt of all records required for such an
investigation.

SUMMARY OF PROVISIONS:
This bill amends Section 220 of the Labor Law by amending subdivision
7 to require that the Department of Labor take all reasonable steps
to conduct prevailing wage compliance investigations and hearings and
make orders, determinations or other dispositions expeditiously upon
receipt of all required records.

JUSTIFICATION:
Currently, there exists a significant backlog of prevailing wage
violations, which are awaiting completion of compliance
investigations and final adjudication hearings. In order to
effectively sanction those persons who violate New York State's
prevailing wage law in a timely manner, it has become necessary to
require the Labor Department to conduct its investigations and
hearings and make orders, determinations or other dispositions
expeditiously as soon as the Department receives all records required
for the investigation. An expeditious and orderly prevailing wage
violation adjudication process is essential in order to compel
contractor compliance with New York State's prevailing wage law.

LEGISLATIVE HISTORY: New Bill.

FISCAL IMPLICATIONS: See Fiscal Note.

EFFECTIVE DATE:
This act shall take effect immediately.

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

                                  1817

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced by Sen. ESPAILLAT -- read twice and ordered printed, and when
  printed to be committed to the Committee on Labor

AN ACT to amend the labor law, in relation to establishing a time sched-
  ule for prevailing wage violation claims

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

  Section 1. Subdivision 7 of section 220 of the labor law,  as  amended
by chapter 7 of the laws of 2008, is amended to read as follows:
  7.  Compliance  investigations.  The  fiscal officer as herein defined
shall on a verified complaint in writing of any person interested or  of
any  employee  organization  pursuant  to  subdivision  eight-d  of this
section, and may on his own initiative cause a compliance  investigation
to  be  made  to determine whether the contractor or a subcontractor has
paid the prevailing rate of wages and prevailing practices  for  supple-
ments  in  the same trade or occupation in the locality within the state
where such public work  is  being  performed,  or  the  hours  of  labor
performed by the workmen, laborers and mechanics employed on such public
work,  or both.  The fiscal officer or his agents, examiners and inspec-
tors may examine or cause to be examined the books and records  pertain-
ing  to the rate of wages paid and supplements provided to the laborers,
workmen and mechanics on  said  public  work  and  the  hours  of  labor
performed  by  such laborers, workmen and mechanics on said public work.
The fiscal officer in such investigation shall be deemed to be acting in
a judicial capacity, and shall have the right to issue subpoenas, admin-
ister oaths and examine witnesses. The enforcement of a subpoena  issued
under  this  section  shall  be  regulated by the civil practice law and
rules.  [Such] UPON RECEIPT OF ALL RECORDS REQUIRED UNDER  THIS  ARTICLE
FOR  SUCH  INVESTIGATION,  THE  fiscal officer shall TAKE ALL REASONABLE
STEPS TO EXPEDITIOUSLY make either an order, determination or any  other
disposition,  including  but  not  limited  to an agreed upon settlement

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04989-01-3

S. 1817                             2

and/or stipulation, within six months from the date of  filing  of  such
verified complaint, and where a compliance investigation is made without
the  filing  of  a verified complaint, within six months from the date a
compliance  investigation  is initiated by such fiscal officer. Upon the
making of said order or determination, or upon arriving at  such  agreed
upon  settlement  and/or  stipulation,  a  copy thereof shall be sent by
certified mail, return receipt requested, by the fiscal officer: (i)  to
the person and employee organization, if any, who or which initiated the
complaint,  (ii)  to the person or corporation, if any, against whom the
complaint was brought, and (iii) where  a  compliance  investigation  is
made  without  the filing of a complaint, to the person who or which was
the subject of the compliance investigation.
  S 2. This act shall take effect immediately.

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