S T A T E O F N E W Y O R K
________________________________________________________________________
7240
2019-2020 Regular Sessions
I N A S S E M B L Y
April 18, 2019
___________
Introduced by M. of A. REYES -- read once and referred 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
and/or stipulation, within six months from the date of filing of such
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11158-01-9
A. 7240 2
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.
§ 2. This act shall take effect immediately.