senate Bill S7665

2019-2020 Legislative Session

Relates to actions for non-payment of wages

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Labor Committee


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

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Actions

view actions (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 04, 2020 referred to labor

Co-Sponsors

S7665 (ACTIVE) - Details

Current Committee:
Senate Labor
Law Section:
Labor Law
Laws Affected:
Add §198-e, Lab L
Versions Introduced in 2021-2022 Legislative Session:
S2766

S7665 (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.

S7665 (ACTIVE) - Sponsor Memo

S7665 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7665
 
                             I N  S E N A T E
 
                             February 4, 2020
                                ___________
 
 Introduced  by  Sen.  RAMOS  -- read twice and ordered printed, and when
   printed to be committed 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

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