Assembly Actions - Lowercase Senate Actions - UPPERCASE |
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Jul 06, 2020 | enacting clause stricken |
Feb 03, 2020 | referred to labor |
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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Co-Sponsors
Steven Englebright
Jonathan Jacobson
Edward Braunstein
Phil Steck
A9658 (ACTIVE) - Details
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