|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Feb 04, 2020||referred to labor|
senate Bill S7665
Archive: Last Bill Status - In Senate Committee Labor Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S7665 (ACTIVE) - Details
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
BILL NUMBER: S7665 SPONSOR: RAMOS TITLE OF BILL: An act to amend the labor law, in relation to actions for non-payment of wages PURPOSE OR GENERAL IDEA OF BILL: The purpose of this bill is to amend the existing wage theft law to increase the likelihood that exploited workers in the construction industry will be able to secure payment and collect unpaid wages and benefits for work that has already been performed. SUMMARY OF PROVISIONS: Section one adds a new section 198-e to the labor law pertaining to construction industry wage theft. Pursuant to this new section, a construction contractor, as defined within, would assume liability for any unpaid wages, benefits, damages, attorney fees related to a civil or
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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