Assembly Bill A4839

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4839
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 5, 2019
                                ___________
 
 Introduced  by  M.  of  A. BLAKE, COLTON, JAFFEE, ORTIZ, STECK -- Multi-
   Sponsored by -- M.   of A. COOK --  read  once  and  referred  to  the
   Committee on Labor
 
 AN ACT to amend the labor law, in relation to allowing certain organiza-
   tions  access  to  certified  payroll  records of companies performing
   public work

   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. A. 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 fiscal officer shall make either an order, determination or
 any other disposition, including but  not  limited  to  an  agreed  upon
 settlement and/or stipulation, within six months from the date of filing
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD08792-01-9

 A. 4839                             2
 
 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.
   B. (I) AN EMPLOYEE ORGANIZATION, WHICH HAS BEEN  CERTIFIED  OR  RECOG-
 NIZED  TO  REPRESENT  EMPLOYEES  EMPLOYED ON PUBLIC WORKS CONTRACTS, MAY
 REQUEST OF A STATE AGENCY, PUBLIC AUTHORITY, OR ANY OTHER  STATE  ENTITY
 AUTHORIZED  TO  LET  OUT WORK ON PUBLIC WORKS CONTRACTS, TO BE FURNISHED
 WITH A COPY OF CERTIFIED PAYROLL RECORDS THAT HAVE BEEN PROVIDED TO SUCH
 AGENCY, PUBLIC AUTHORITY, OR ANY OTHER STATE ENTITY  AUTHORIZED  TO  LET
 OUT  WORK  ON PUBLIC WORKS CONTRACTS, BY THE CONTRACTOR OR SUBCONTRACTOR
 PERTAINING TO A PUBLIC WORKS CONTRACT.
   (II) IF SO REQUESTED, THE AGENCY, PUBLIC AUTHORITY, OR ANY OTHER STATE
 ENTITY AUTHORIZED TO LET  OUT  WORK  ON  PUBLIC  WORKS  CONTRACTS,  MUST
 FURNISH  A  COPY  OF  SUCH CERTIFIED PAYROLL RECORDS TO THE ORGANIZATION
 WITHIN THIRTY DAYS OF THE RECEIPT OF SUCH REQUEST.
   (III) THE CERTIFIED PAYROLL RECORDS MUST INCLUDE AT LEAST THE  FOLLOW-
 ING INFORMATION:
   (1)  NAMES  AND ADDRESSES OF ALL EMPLOYEES WORKING ON THE PUBLIC WORKS
 PROJECT;
   (2) EMPLOYEE CLASSIFICATIONS;
   (3) HOURS EMPLOYED ON THE PUBLIC WORKS PROJECT;
   (4) WAGE RATE THAT HAS BEEN PAID TO THE EMPLOYEES;
   (5) SUPPLEMENTAL WAGE RATE THAT HAS BEEN PAID TO THE EMPLOYEES;
   (6) THE RATE OF ALL OTHER MONIES THAT WERE PAID TO EMPLOYEES.
   § 2. This act shall take effect immediately.