Assembly Actions - Lowercase Senate Actions - UPPERCASE |
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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 |
Current Bill Status - Passed Assembly
- Introduced
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
Your Voice
Actions
Co-Sponsors
Harry B. Bronson
Steven Otis
Jo Anne Simon
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