assembly Bill A3350

2021-2022 Legislative Session

Relates to actions for non-payment of wages

download bill text pdf

Sponsored By

Current Bill Status - Passed Assembly


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

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Actions

view actions (9)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 26, 2021 referred to labor
delivered to senate
passed assembly
ordered to third reading rules cal.14
rules report cal.14
reported
reported referred to rules
reported referred to codes
Jan 22, 2021 referred to labor

Co-Sponsors

A3350 (ACTIVE) - Details

See Senate Version of this Bill:
S2766
Current Committee:
Senate Labor
Law Section:
Labor Law
Laws Affected:
Add §198-e, Lab L
Versions Introduced in 2019-2020 Legislative Session:
A9658, S7665

A3350 (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.

A3350 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3350
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 22, 2021
                                ___________
 
 Introduced by M. of A. JOYNER -- 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 OR ITS SUBCONTRACTORS 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.
   4. IN THE CASE OF A PRIVATE CIVIL ACTION BY AN EMPLOYEE, SUCH EMPLOYEE
 MAY  DESIGNATE  ANY  PERSON, ORGANIZATION OR COLLECTIVE BARGAINING AGENT
 AUTHORIZED TO  FILE  A  COMPLAINT  WITH  THE  COMMISSIONER  PURSUANT  TO
 SECTION  ONE  HUNDRED NINETY-SIX-A OF THIS ARTICLE, TO MAKE A WAGE CLAIM
 ON  HIS OR HER BEHALF.
   5. IN THE CASE OF AN ACTION AGAINST A  SUBCONTRACTOR,  THE  CONTRACTOR
 SHALL  BE  CONSIDERED JOINTLY AND SEVERALLY LIABLE FOR ANY UNPAID WAGES,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04456-02-1