S T A T E O F N E W Y O R K
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3531
2015-2016 Regular Sessions
I N A S S E M B L Y
January 23, 2015
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Introduced by M. of A. CORWIN, DiPIETRO, FINCH, DUPREY, STEC -- Multi-
Sponsored by -- M. of A. LALOR, OAKS, WALTER -- read once and referred
to the Committee on Labor
AN ACT to amend the labor law, in relation to prevailing wages
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraphs a and d of subdivision 5 of section 220 of the
labor law, paragraph a as amended and paragraph d as added by chapter
447 of the laws of 1983, are amended to read as follows:
a. The "prevailing rate of wage," for the intents and purposes of this
article, shall be [the rate of wage paid in the locality, as hereinafter
defined, by virtue of collective bargaining agreements between bona fide
labor organizations and employers of the private sector, performing
public or private work provided that said employers employ at least
thirty per centum of workers, laborers or mechanics in the same trade or
occupation in the locality where the work is being performed. The
prevailing rate of wage shall be annually determined in accordance here-
with by the fiscal officer no later than thirty days prior to July first
of each year, and the prevailing rate of wage for the period commencing
July first of such year through June thirtieth, inclusive, of the
following year shall be the rate of wage set forth in such collective
bargaining agreements for the period commencing July first through June
thirtieth, including those increases for such period which are directly
ascertainable from such collective bargaining agreements by the fiscal
officer in his annual determination. In the event that it is determined
after a contest, as provided in subdivision six of this section, that
less than thirty percent of the workers, laborers or mechanics in a
particular trade or occupation in the locality where the work is being
performed receive a collectively bargained rate of wage, then] the aver-
age wage paid to such workers, laborers or mechanics in the same trade
or occupation in the locality for the twelve-month period preceding the
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04592-01-5
A. 3531 2
fiscal officer's annual determination [shall be the prevailing rate of
wage]. Laborers, workers or mechanics for whom a prevailing rate of
wage is to be determined shall not be considered in determining such
prevailing wage. THE FISCAL OFFICER SHALL MAKE AN ANNUAL DETERMINATION
OF THE PREVAILING WAGE, AND SHALL BE EMPOWERED TO CAUSE AN INVESTIGATION
TO BE MADE TO DETERMINE THE WAGES PREVAILING IN ANY LOCALITY IN ALL
CRAFTS, TRADES AND OCCUPATIONS INVOLVED IN WORK TO BE PERFORMED; IN
MAKING SUCH INVESTIGATION, THE FISCAL OFFICER SHALL UTILIZE WAGE AND
FRINGE BENEFIT DATA FROM VARIOUS SOURCES INCLUDING, BUT NOT LIMITED TO,
DATA AND DETERMINATIONS OF FEDERAL, STATE OR OTHER GOVERNMENTAL AGEN-
CIES, INCLUSIVE OF DATA ENCOMPASSING BOTH EMPLOYERS WHOSE EMPLOYEES ARE
SUBJECT TO COLLECTIVE BARGAINING AGREEMENTS AS WELL AS EMPLOYERS NOT SO
SUBJECT, AND TO ESTABLISH SUCH RATES IN SUCH A FASHION AS TO GATHER AN
ACCURATE AND FAIR MEASURE OF THOSE WAGE RATES.
d. "Locality" means [such areas of the state described and defined for
a trade or occupation in the current collective bargaining agreements
between bona fide labor organizations and employers of the private
sector, performing public and private work] THE COUNTY OR, IN THE EVENT
THAT A PROJECT CROSSES THE BOUNDARIES OF TWO COUNTIES, THE AVERAGE OF
THE PREVAILING WAGE OF THOSE TWO COUNTIES AS DEFINED BY THE FISCAL OFFI-
CER. IN THE CASE OF A CITY WITH A POPULATION OF ONE MILLION OR MORE, ALL
COUNTIES COMPRISING SUCH A CITY SHALL BE CONSIDERED A SINGLE LOCALITY
FOR PURPOSES OF THIS SECTION.
S 2. Subdivision 7 of section 230 of the labor law, as added by chap-
ter 777 of the laws of 1971, is amended to read as follows:
7. "Locality" means [the state, a town, city, village or other civil
division or area of the state as determined by the fiscal officer. The
fiscal officer may fix a different geographic area in determining the
locality for the prevailing basic hourly cash rate of pay and the local-
ity for prevailing supplements] THE COUNTY WHERE SUCH BUILDING SERVICES
ARE PERFORMED. IN THE CASE OF A CITY WITH A POPULATION OF ONE MILLION OR
MORE, ALL COUNTIES COMPRISING SUCH A CITY SHALL BE CONSIDERED A SINGLE
LOCALITY FOR PURPOSES OF THIS SECTION.
S 3. Paragraph (a) of subdivision 1 of section 234 of the labor law,
as added by chapter 777 of the laws of 1971, is amended to read as
follows:
(a) to cause an investigation to be made to determine the wages
prevailing in any locality in all crafts, trades and occupations
involved in service work; in making such investigation, the fiscal offi-
cer may utilize wage and fringe benefit data from various sources
including, but not limited to, data and determinations of federal, state
or other governmental agencies, INCLUSIVE OF DATA ENCOMPASSING BOTH
EMPLOYERS WHOSE EMPLOYEES ARE SUBJECT TO COLLECTIVE BARGAINING AGREE-
MENTS AS WELL AS EMPLOYERS NOT SO SUBJECT, AND TO ESTABLISH SUCH RATES
IN SUCH A FASHION AS TO GATHER AN ACCURATE AND FAIR MEASURE OF THOSE
WAGE RATES;
S 4. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.