assembly Bill A9658

2019-2020 Legislative Session

Relates to actions for non-payment of wages

download bill text pdf

Sponsored By

Archive: Last Bill Status - Stricken


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

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jul 06, 2020 enacting clause stricken
Feb 03, 2020 referred to labor

Co-Sponsors

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A9658 (ACTIVE) - Details

See Senate Version of this Bill:
S7665
Current Committee:
Law Section:
Labor Law
Laws Affected:
Add §198-e, Lab L
Versions Introduced in 2021-2022 Legislative Session:
A3350, S2766

A9658 (ACTIVE) - Summary

Provides that a contractor making or taking a construction contract shall assume liability for any debt resulting from making a wage claim, owed to a wage claimant or third party on the wage claimant's behalf, incurred by a subcontractor at any tier acting under, by, or for the contractor for the wage claimant's performance of labor.

A9658 (ACTIVE) - Bill Text download pdf


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

                                  9658

                          I N  A S S E M B L Y

                            February 3, 2020
                               ___________

Introduced by M. of A. CRESPO -- read once and referred to the Committee
  on Labor

AN ACT to amend the labor law, in relation to actions for non-payment of
  wages

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

  Section 1. The labor law is amended by adding a new section  198-e  to
read as follows:
  §  198-E.  CONSTRUCTION INDUSTRY WAGE THEFT. 1. A CONTRACTOR MAKING OR
TAKING A CONSTRUCTION CONTRACT  SHALL  ASSUME  LIABILITY  FOR  ANY  DEBT
RESULTING  FROM AN ACTION UNDER SECTION ONE HUNDRED NINETY-EIGHT OF THIS
ARTICLE, OWED TO A WAGE CLAIMANT OR THIRD PARTY ON THE  WAGE  CLAIMANT'S
BEHALF, INCURRED BY A SUBCONTRACTOR AT ANY TIER ACTING UNDER, BY, OR FOR
THE CONTRACTOR FOR THE WAGE CLAIMANT'S PERFORMANCE OF LABOR.
  2.  NO  AGREEMENT  OR RELEASE BY AN EMPLOYEE OR SUBCONTRACTOR TO WAIVE
LIABILITY ASSIGNED TO A CONTRACTOR UNDER THIS SECTION  SHALL  BE  VALID.
THE  PROVISIONS OF THIS SECTION SHALL NOT BE DEEMED TO IMPAIR THE RIGHTS
OF A CONTRACTOR TO MAINTAIN AN ACTION AGAINST A SUBCONTRACTOR  FOR  OWED
WAGES THAT ARE PAID BY A CONTRACTOR PURSUANT TO THIS SECTION.
  3.  NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE REMEDIES AVAILABLE
FOR A CLAIM PURSUANT TO SUBDIVISION ONE OF THIS SECTION  SHALL  ONLY  BE
CIVIL  AND  ADMINISTRATIVE  ACTIONS. IN THE CASE OF A CIVIL ACTION BY AN
EMPLOYEE, SUCH EMPLOYEE MAY DESIGNATE A THIRD PARTY TO MAKE A WAGE CLAIM
ON HIS OR HER BEHALF. IN THE CASE OF AN ACTION AGAINST A  SUBCONTRACTOR,
THE  CONTRACTOR SHALL BE CONSIDERED JOINTLY AND SEVERALLY LIABLE FOR ANY
UNPAID WAGES, BENEFITS, WAGE SUPPLEMENTS, PENALTIES, LIQUIDATED DAMAGES,
ATTORNEYS' FEES AND ANY OTHER COSTS RESULTING FROM SUCH ACTION.
  4. AS USED IN THIS SECTION:
  A. "CONSTRUCTION CONTRACT" MEANS A WRITTEN OR ORAL AGREEMENT  FOR  THE
CONSTRUCTION, RECONSTRUCTION, ALTERATION, MAINTENANCE, MOVING OR DEMOLI-
TION OF ANY BUILDING, STRUCTURE OR IMPROVEMENT, OR RELATING TO THE EXCA-
VATION  OF  OR OTHER DEVELOPMENT OR IMPROVEMENT TO LAND. FOR PURPOSES OF
THIS SECTION, A CONSTRUCTION CONTRACT SHALL  NOT  INCLUDE  ANY  CONTRACT
WHICH IS SUBJECT TO ARTICLE EIGHT OF THIS CHAPTER.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets