S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2517
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 23, 2023
                                ___________
 
 Introduced  by Sens. RAMOS, HARCKHAM, SALAZAR, SKOUFIS, STAVISKY -- 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 covered developers,
   covered employers, covered lessees or  lessors,  financial  assistance
   provided  to  covered developers, covered leases, and covered develop-
   ment projects
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivisions 1, 5, 8, 12 and 13 of section 230 of the labor
 law,  subdivisions 1 and 8 as amended by chapter 88 of the laws of 2021,
 subdivision 5 as added by chapter 777 of the laws of 1971, and  subdivi-
 sions 12 and 13 as added by chapter 547 of the laws of 1998, are amended
 and  seven  new  subdivisions 15, 16, 17, 18, 19, 20 and 21 are added to
 read as follows:
   1. "Building service employee" or "employee" means any person perform-
 ing work in connection with the  care  or  maintenance  of  an  existing
 building,  or  in connection with the transportation of office furniture
 or equipment to or from such building, or in connection with the  trans-
 portation and delivery of fossil fuel to such building, for a contractor
 under a contract with a public agency which is in excess of one thousand
 five  hundred  dollars  and the principal purpose of which is to furnish
 services through the use of building service employees OR IN  CONNECTION
 WITH A COVERED DEVELOPMENT PROJECT OR LEASE.
   "Building  service employee" or "employee" includes, but is not limit-
 ed, to, watchman, guard, doorman, building  cleaner,  porter,  handyman,
 janitor,  gardener,  groundskeeper,  stationary  [fireman]  FIREFIGHTER,
 elevator operator and starter, window cleaner, and occupations  relating
 to  the  collection  of  garbage or refuse, and to the transportation of
 office furniture and equipment, and to the transportation  and  delivery
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06240-01-3
 S. 2517                             2
              

 
 of fossil fuel but does not include clerical, sales, professional, tech-
 nician and related occupations.
   "Building  service  employee"  or "employee" also does not include any
 employee to whom the provisions of articles eight and  eight-a  of  this
 chapter are applicable.
   5. "Wage" includes: (a) basic hourly cash rate of pay; and (b) supple-
 ments. The term "supplements" means fringe benefits including medical or
 hospital  care,  pensions on retirement or death, compensation for inju-
 ries or illness resulting from occupational activity,  or  insurance  to
 provide  any  of  the  foregoing, unemployment benefits, life insurance,
 disability and sickness  insurance,  accident  insurance,  vacation  and
 holiday pay, costs of apprenticeship or other similar programs and other
 bona  fide  fringe  benefits not otherwise required by federal, state or
 local law to be provided by the contractor, COVERED  DEVELOPER,  COVERED
 LESSEE OR LESSOR, COVERED EMPLOYER, or subcontractor.
   8.  "Fiscal  officer"  means  the  industrial commissioner, except for
 building service work performed by or on behalf of a city, OR WHERE  THE
 COVERED  DEVELOPMENT PROJECT OR REAL PROPERTY SUBJECT TO A COVERED LEASE
 IS LOCATED WITHIN A CITY WITH A POPULATION OF OVER ONE MILLION, in which
 case "fiscal officer" means the comptroller or other  analogous  officer
 of such city.
   12.  "Parent  company" shall mean an entity that directly controls the
 contractor or subcontractor, OR COVERED DEVELOPER, OR COVERED LESSEE  OR
 LESSOR.
   13.  "Subsidiary" shall mean an entity that is controlled directly, or
 indirectly through one  or  more  intermediaries,  by  a  contractor  or
 subcontractor, OR COVERED DEVELOPER, OR COVERED LESSEE OR LESSOR, or the
 contractor's,  OR  COVERED  DEVELOPER'S, OR COVERED LESSEE'S OR LESSOR'S
 parent company.
   15. "COVERED DEVELOPER" MEANS ANY ENTITY RECEIVING  FINANCIAL  ASSIST-
 ANCE  IN  RELATION  TO A COVERED DEVELOPMENT PROJECT, OR ANY ASSIGNEE OR
 SUCCESSOR IN INTEREST OF REAL  PROPERTY  THAT  QUALIFIES  AS  A  COVERED
 DEVELOPMENT PROJECT.
   16. "COVERED EMPLOYER" MEANS ANY ENTITY, OTHER THAN A COVERED DEVELOP-
 ER, OR COVERED LESSEE OR LESSOR, WHO EMPLOYS BUILDING SERVICE WORKERS AT
 A  COVERED  DEVELOPMENT  PROJECT  OR  AT  ANY REAL PROPERTY SUBJECT TO A
 COVERED LEASE.
   17. "COVERED LESSEE" MEANS ANY ENTITY LEASING  REAL  PROPERTY  FROM  A
 PUBLIC AGENCY.
   18.  "COVERED  LESSOR"  MEANS  ANY ENTITY FROM WHOM A PUBLIC AGENCY IS
 LEASING COMMERCIAL OFFICE SPACE OR COMMERCIAL OFFICE FACILITIES  OF  TEN
 THOUSAND  SQUARE  FEET OR MORE, PROVIDED THAT THE PUBLIC AGENCY, WHETHER
 THROUGH A SINGLE AGREEMENT OR MULTIPLE AGREEMENTS, LEASES NO  LESS  THAN
 FIFTY-ONE  PERCENT  OF THE TOTAL SQUARE FOOTAGE OF THE BUILDING TO WHICH
 THE LEASE OR LEASES APPLY.
   19. "FINANCIAL ASSISTANCE" MEANS ASSISTANCE  THAT  IS  PROVIDED  TO  A
 COVERED  DEVELOPER  FOR THE IMPROVEMENT OR DEVELOPMENT OF REAL PROPERTY,
 ECONOMIC  DEVELOPMENT,  JOB  RETENTION  AND  GROWTH,  OR  OTHER  SIMILAR
 PURPOSES,  AND  THAT  IS  PAID IN WHOLE OR IN PART BY A PUBLIC AGENCY OR
 AGENCIES, AND HAVING A CUMULATIVE ANTICIPATED TOTAL FINANCIAL  VALUE  OF
 ONE  MILLION  DOLLARS. FINANCIAL ASSISTANCE INCLUDES, BUT IS NOT LIMITED
 TO,  CASH  PAYMENTS  OR  GRANTS,  BOND  FINANCING,  TAX  ABATEMENTS   OR
 EXEMPTIONS (INCLUDING, BUT NOT LIMITED TO, ABATEMENTS OR EXEMPTIONS FROM
 REAL  PROPERTY, MORTGAGE RECORDING, SALES AND USES TAXES, OR THE DIFFER-
 ENCE BETWEEN ANY PAYMENTS IN LIEU OF TAXES AND THE AMOUNT OF REAL  PROP-
 ERTY  OR  OTHER  TAXES THAT WOULD HAVE BEEN DUE IF THE PROPERTY WERE NOT
 S. 2517                             3
 
 EXEMPTED FROM THE PAYMENT  OF  SUCH  TAXES),  TAX  INCREMENT  FINANCING,
 FILING  FEE  WAIVERS,  ENERGY COST REDUCTIONS, ENVIRONMENTAL REMEDIATION
 COSTS, WRITE-DOWNS IN THE MARKET VALUE OF BUILDING, LAND, OR THE COST OF
 CAPITAL  IMPROVEMENTS  RELATED  TO  REAL  PROPERTY  THAT, UNDER ORDINARY
 CIRCUMSTANCES, THE PUBLIC AGENCY WOULD NOT  PAY  FOR.  WHERE  ASSISTANCE
 TAKES  THE  FORM OF LOANS OR BOND FINANCING, THE VALUE OF THE ASSISTANCE
 SHALL BE DETERMINED BASED ON THE DIFFERENCE BETWEEN THE  FINANCING  COST
 TO  A  BORROWER AND THE COST TO A SIMILAR BORROWER THAT DOES NOT RECEIVE
 FINANCIAL ASSISTANCE.
   20. "COVERED LEASE" MEANS ANY AGREEMENT BY  A  PUBLIC  AGENCY  WITH  A
 COVERED LESSOR OR LESSEE.
   21. "COVERED DEVELOPMENT PROJECT" MEANS A PROJECT THAT HAS RECEIVED OR
 IS EXPECTED TO RECEIVE FINANCIAL ASSISTANCE.
   § 2. The labor law is amended by adding a new section 231-a to read as
 follows:
   §  231-A.  PREVAILING  WAGE FOR COVERED LEASES AND COVERED DEVELOPMENT
 PROJECTS. 1. COVERED DEVELOPERS AND COVERED  LESSEES  OR  LESSORS  SHALL
 ENSURE  THAT  ALL BUILDING SERVICE EMPLOYEES PERFORMING BUILDING SERVICE
 WORK IN CONNECTION WITH A COVERED DEVELOPMENT PROJECT OR  COVERED  LEASE
 ARE PAID NO LESS THAN THE PREVAILING WAGE.
   2.  THE  OBLIGATION TO PAY PREVAILING SUPPLEMENTS MAY BE DISCHARGED BY
 FURNISHING ANY EQUIVALENT COMBINATIONS OF FRINGE BENEFITS OR  BY  MAKING
 EQUIVALENT  OR DIFFERENTIAL PAYMENTS IN CASH UNDER RULES AND REGULATIONS
 ESTABLISHED BY THE FISCAL OFFICER.
   3. THE PUBLIC AGENCY PROVIDING FINANCIAL ASSISTANCE OR ENTERING INTO A
 COVERED LEASE SHALL REQUIRE, AS A CONTRACTUAL CONDITION OF  SUCH  FINAN-
 CIAL  ASSISTANCE  OR  COVERED  LEASE, THAT ANY BUILDING SERVICE EMPLOYEE
 PERFORMING BUILDING SERVICE WORK IN CONNECTION WITH A  COVERED  DEVELOP-
 MENT PROJECT OR COVERED LEASE, REGARDLESS OF THE EMPLOYING ENTITY, SHALL
 BE  PAID  NO  LESS THAN THE PREVAILING WAGE; AND ANY LEASE, CONTRACT FOR
 PROPERTY MANAGEMENT SERVICES, OR CONTRACT FOR THE PROVISION OF  BUILDING
 SERVICES,  ENTERED  INTO  BY  THE COVERED DEVELOPER OR COVERED LESSEE OR
 LESSOR,  AND  ANY  SUBCONTRACT  THEREOF,  SHALL  CONTAIN  THE  FOLLOWING
 PROVISION:  "ALL  BUILDING  SERVICE EMPLOYEES SHALL BE PAID NO LESS THAN
 THE PREVAILING WAGE AS PROVIDED BY THE FISCAL OFFICER  AS  DESCRIBED  IN
 SECTION  TWO HUNDRED THIRTY-FOUR OF THE LABOR LAW. ANY COVERED EMPLOYER,
 AS DEFINED IN SECTION TWO HUNDRED THIRTY OF THE LABOR LAW,  SHALL  MAIN-
 TAIN  ALL RECORDS RELATING TO THE EMPLOYMENT OF BUILDING SERVICE WORKERS
 AS DESCRIBED IN SECTION TWO HUNDRED THIRTY-THREE OF THE LABOR LAW  WHICH
 ARE TO BE PROVIDED TO THE COVERED DEVELOPER. SUCH COVERED EMPLOYER SHALL
 ALSO  SUBMIT SUCH STATEMENTS AS REQUIRED UNDER SECTION TWO HUNDRED THIR-
 TY-SEVEN OF THE LABOR LAW. THIS REQUIREMENT SHALL APPLY TO  ANY  COVERED
 DEVELOPMENT  PROJECT  OR  REAL  PROPERTY  SUBJECT  TO A COVERED LEASE AS
 PROVIDED BY ARTICLE NINE OF THE LABOR LAW."
   4. UPON THE AWARDING  OF  FINANCIAL  ASSISTANCE  OR  ENTERING  INTO  A
 COVERED LEASE BY A PUBLIC AGENCY, THE AWARDING PUBLIC AGENCY SHALL IMME-
 DIATELY FURNISH TO THE FISCAL OFFICER:
   (A) THE NAME AND ADDRESS OF THE AWARDEE;
   (B)  THE DATE WHEN THE FINANCIAL ASSISTANCE WAS AWARDED OR THE COVERED
 LEASE WAS ENTERED INTO;
   (C) THE SPECIFIC BUILDING OR FACILITY ADDRESS OR ADDRESSES, OR LOCALI-
 TY TO WHICH THE COVERED LEASE OR FINANCIAL ASSISTANCE PERTAINS,  IF  THE
 FINANCIAL  ASSISTANCE IS TARGETED TO A PARTICULAR BUILDING OR BUILDINGS,
 FACILITY OR FACILITIES, OR LOCALITY; AND
   (D) THE ANTICIPATED TOTAL VALUE OF THE FINANCIAL ASSISTANCE.
 S. 2517                             4
 
   5. WHEN THE FINANCIAL ASSISTANCE TO THE  COVERED  DEVELOPMENT  PROJECT
 APPLIES  TO  A PARTICULAR BUILDING OR BUILDINGS, FACILITY OR FACILITIES,
 OR LOCALITY, THE PREVAILING WAGE SHALL APPLY ONLY TO  SUCH  BUILDING  OR
 BUILDINGS, FACILITY OR FACILITIES, OR LOCALITY; HOWEVER, WHEN THE FINAN-
 CIAL ASSISTANCE IS NOT SO LIMITED, THE COVERED DEVELOPMENT PROJECT SHALL
 BE  DEEMED  TO  INCLUDE  ANY  BUILDING  OR FACILITY IN WHICH THE COVERED
 DEVELOPER OPERATES WITHIN THE STATE, AND THE PREVAILING WAGE REQUIREMENT
 SET FORTH IN THIS SUBDIVISION SHALL APPLY TO ANY BUILDING OR FACILITY IN
 WHICH THE COVERED DEVELOPER OPERATES WITHIN THE STATE.
   6. THE FISCAL OFFICER SHALL MAINTAIN A  LIST  OF  COVERED  DEVELOPERS,
 COVERED  LESSEES OR LESSORS, AND COVERED DEVELOPMENT PROJECTS, INCLUDING
 THE ADDRESSES OF EACH. SUCH LIST SHALL BE UPDATED AND PUBLISHED AS OFTEN
 AS IS NECESSARY TO KEEP CURRENT.
   7. WITHIN TWO WEEKS OF RECEIVING FINANCIAL ASSISTANCE OR ENTERING INTO
 A COVERED LEASE, A COVERED  DEVELOPER,  COVERED  LESSEE  OR  LESSOR,  OR
 COVERED  EMPLOYER SHALL POST, IN THE SAME LOCATION AND MANNER THAT OTHER
 STATUTORILY REQUIRED NOTICES ARE POSTED, AT EVERY SUCH COVERED  DEVELOP-
 MENT  PROJECT OR REAL PROPERTY SUBJECT TO THE COVERED LEASE, AND PROVIDE
 EACH BUILDING SERVICE EMPLOYEE A COPY OF A WRITTEN NOTICE WHICH SHALL BE
 PREPARED BY THE FISCAL OFFICER, DETAILING THE WAGES, BENEFITS, AND OTHER
 PROTECTIONS TO WHICH BUILDING SERVICE EMPLOYEES ARE ENTITLED UNDER  THIS
 SECTION.  SUCH NOTICE SHALL ALSO PROVIDE THE NAME, ADDRESS AND TELEPHONE
 NUMBER OF THE FISCAL OFFICER AND A STATEMENT ADVISING  BUILDING  SERVICE
 EMPLOYEES THAT IF THEY HAVE BEEN PAID LESS THAN THE PREVAILING WAGE THEY
 MAY NOTIFY THE FISCAL OFFICER AND REQUEST AN INVESTIGATION OR BRING SUIT
 IN  A  COURT  OF COMPETENT JURISDICTION. SUCH NOTICES SHALL BE POSTED IN
 ENGLISH AND IN ANY OTHER LANGUAGE  WHICH  AT  LEAST  TWENTY  PERCENT  OF
 EMPLOYEES  SPEAK  AS A PRIMARY LANGUAGE. SUCH NOTICE SHALL REMAIN POSTED
 FOR THE TIME THAT THE REQUIREMENTS OF THIS SECTION SHALL APPLY AND SHALL
 BE ADJUSTED PERIODICALLY TO REFLECT  THE  CURRENT  PREVAILING  WAGE  FOR
 BUILDING  SERVICE  EMPLOYEES.  IN  ADDITION  TO POSTING SUCH NOTICE, THE
 COVERED DEVELOPER, COVERED LESSEE OR LESSOR, OR COVERED  EMPLOYER  SHALL
 PROVIDE  EACH INDIVIDUAL EMPLOYEE A COPY OF THE NOTICE IN ENGLISH OR ANY
 OTHER LANGUAGE SPOKEN BY THE EMPLOYEE AS A PRIMARY LANGUAGE, SO LONG  AS
 THE  FISCAL  OFFICER HAS MADE SUCH NOTICE AVAILABLE TO EMPLOYERS IN SUCH
 LANGUAGE ON ITS WEBSITE. THE FISCAL OFFICER SHALL MAKE AVAILABLE ON  ITS
 WEBSITE SAMPLE WRITTEN NOTICES EXPLAINING THE RIGHTS OF BUILDING SERVICE
 EMPLOYEES  UNDER  THIS  SECTION  AND SHALL TRANSLATE SUCH SAMPLE WRITTEN
 NOTICES INTO SUCH LANGUAGES IT DEEMS APPROPRIATE.
   8. THE REQUIREMENTS OF THIS SECTION SHALL APPLY FOR THE  TERM  OF  THE
 FINANCIAL ASSISTANCE, TEN YEARS FROM THE OPENING DATE OF THE FINANCIALLY
 ASSISTED PROJECT, THE DURATION OF ANY WRITTEN AGREEMENT BETWEEN A PUBLIC
 AGENCY  AND THE COVERED DEVELOPER PROVIDING FOR FINANCIAL ASSISTANCE, OR
 THE DURATION OF THE COVERED LEASE, WHICHEVER IS LONGER.
   9. THIS SECTION SHALL NOT PREEMPT ANY PUBLIC AGENCY FROM  ESTABLISHING
 HIGHER  MINIMUM  WAGES  FOR  COVERED  DEVELOPERS  OR  COVERED LESSEES OR
 LESSORS RECEIVING FINANCIAL ASSISTANCE OR LEASING FROM OR  TO  A  PUBLIC
 AGENCY.  NOR  SHALL  ANY COVERED DEVELOPER, COVERED LESSEE OR LESSOR, OR
 COVERED EMPLOYER BE  PREEMPTED  FROM  PAYING  A  WAGE  HIGHER  THAN  THE
 PREVAILING WAGE.
   § 3. Section 232 of the labor law, as added by chapter 777 of the laws
 of 1971, is amended to read as follows:
   §  232. Overtime. An employee, employed by a contractor OR EMPLOYED AT
 A COVERED DEVELOPMENT PROJECT, OR AT REAL PROPERTY SUBJECT TO A  COVERED
 LEASE, who works more than eight hours in any one day or more than forty
 hours  in  any  workweek shall be paid wages for such overtime at a rate
 S. 2517                             5
 
 not less than one-and-one-half times his prevailing  basic  cash  hourly
 rate.
   § 4. Subdivisions 1, 2 and 3 of section 233 of the labor law, subdivi-
 sions  1 and 2 as amended by chapter 88 of the laws of 2021, subdivision
 3 as added by chapter 777 of the laws of 1971, are amended and  two  new
 subdivisions 5 and 6 are added to read as follows:
   1.  In  all  cases where service work is being performed pursuant to a
 contract, OR COVERED LEASE, OR COVERED DEVELOPMENT PROJECT therefor  the
 contractor,  OR  COVERED  DEVELOPER,  OR COVERED LESSEE OR LESSOR, shall
 keep original payrolls or transcripts thereof, subscribed and  confirmed
 by  him  as true, under penalties of perjury, showing the hours and days
 worked by each employee, the craft, trade or occupation at which he  was
 employed,  and  the wages paid. A COVERED DEVELOPER OR COVERED LESSEE OR
 LESSOR MAY SATISFY THIS REQUIREMENT BY OBTAINING  COPIES  OF  EMPLOYMENT
 RECORDS FROM A COVERED EMPLOYER.
   2.  Where  the  wages paid include sums which are not paid directly to
 the workmen weekly and which are expended for supplements,  the  records
 required  to be maintained shall include a record of such hourly payment
 on behalf of such employees, the supplement for which such  payment  has
 been  made,  and the name and address of the person to whom such payment
 has been made. In all such cases, the contractor, OR COVERED  DEVELOPER,
 OR COVERED LESSEE OR LESSOR, shall keep a true and inscribed copy of the
 agreement  under  which  such  payments  are  made,  a record of all net
 payments made thereunder, and a  list  of  all  persons  for  whom  such
 payments are made. A COVERED DEVELOPER, OR COVERED LESSEE OR LESSOR, MAY
 SATISFY  THIS REQUIREMENT BY OBTAINING COPIES OF EMPLOYMENT RECORDS FROM
 A COVERED EMPLOYER.
   3. The records required to be maintained shall be kept on the site  of
 the  work during all of the time that work under the contract, OR OTHER-
 WISE SUBJECT TO THE REQUIREMENTS OF THIS SECTION, is being performed.
   5. A COVERED DEVELOPER, OR COVERED LESSEE OR LESSOR, SHALL  INCLUDE  A
 REQUIREMENT  IN ALL LEASES, MANAGEMENT AGREEMENTS, OR SERVICE CONTRACTS,
 AND ANY SUBCONTRACTS THEREOF, THAT ANY  COVERED  EMPLOYER  SHALL  COMPLY
 WITH  THE RECORDKEEPING REQUIREMENTS OF THIS SECTION. THE COVERED DEVEL-
 OPER, OR COVERED LESSEE OR LESSOR SHALL OBTAIN  SUCH  RECORDS  FROM  ANY
 COVERED  EMPLOYER  AND  PRESERVE  SUCH RECORDS FOR A PERIOD OF SIX YEARS
 AFTER THE COMPLETION OF THE EMPLOYEE'S WORK.
   6. FAILURE TO MAINTAIN SUCH RECORDS AS REQUIRED BY THIS SECTION  SHALL
 CREATE A REBUTTABLE PRESUMPTION THAT THE BUILDING SERVICE EMPLOYEES WERE
 NOT PAID THE WAGES AND SUPPLEMENTS REQUIRED UNDER THIS ARTICLE.
   §  5.  Paragraph (f) of subdivision 1 of section 234 of the labor law,
 as added by chapter 777 of the laws of  1971,  is  amended  to  read  as
 follows:
   (f)  to  require a contractor, OR COVERED DEVELOPER, OR COVERED LESSEE
 OR LESSOR, to file with the fiscal officer a record of the wages actual-
 ly paid by such contractor, OR COVERED DEVELOPER, OR COVERED  LESSEE  OR
 LESSOR, to the employees and of their hours of work;
   § 6. The labor law is amended by adding a new section 235-a to read as
 follows:
   §  235-A.  INVESTIGATIONS,  HEARINGS,  AND PRIVATE RIGHT OF ACTION FOR
 COVERED LEASES AND COVERED DEVELOPMENT PROJECTS. 1. WHENEVER THE  FISCAL
 OFFICER  HAS REASON TO BELIEVE THAT A BUILDING SERVICE EMPLOYEE PERFORM-
 ING BUILDING SERVICE WORK IN CONNECTION WITH A COVERED LEASE OR  COVERED
 DEVELOPMENT  PROJECT  HAS  BEEN PAID LESS THAN THE APPLICABLE PREVAILING
 WAGE AND SUPPLEMENTS, OR UPON RECEIPT OF A WRITTEN COMPLAINT, THE FISCAL
 S. 2517                             6
 
 OFFICER SHALL CONDUCT A SPECIAL INVESTIGATION  TO  DETERMINE  THE  FACTS
 RELATING THERETO.
   2.  IF,  DESPITE  THE  REQUIREMENTS OF LAW, THE FISCAL OFFICER HAS NOT
 DETERMINED THE PREVAILING WAGE AS REQUIRED IN THIS ARTICLE,  THE  FISCAL
 OFFICER  SHALL  DETERMINE  IN THE PROCEEDING BEFORE HIM OR HER THE WAGES
 PREVAILING AT THE TIME THE WORK WAS PERFORMED FOR THE CRAFTS, TRADES, OR
 OCCUPATIONS OF THE EMPLOYEES INVOLVED.
   3. IN AN INVESTIGATION CONDUCTED UNDER THE PROVISIONS OF THIS SECTION,
 THE INQUIRY OF THE FISCAL OFFICER SHALL NOT  EXTEND  TO  WORK  PERFORMED
 MORE  THAN THREE YEARS PRIOR TO: (A) THE FILING OF THE COMPLAINT; OR (B)
 THE COMMENCEMENT OF THE INVESTIGATION  UPON  THE  FISCAL  OFFICER'S  OWN
 VIOLATION, WHICHEVER OCCURS FIRST.
   4. (A) THE INVESTIGATION AND HEARING SHALL BE EXPEDITIOUSLY CONDUCTED,
 AND  UPON THE COMPLETION THEREOF, THE FISCAL OFFICER SHALL DETERMINE THE
 ISSUES RAISED AND SHALL MAKE AND FILE AN ORDER  IN  HIS  OR  HER  OFFICE
 STATING  SUCH DETERMINATION, AND FORTHWITH SERVE PERSONALLY OR BY MAIL A
 COPY OF SUCH ORDER AND DETERMINATION TOGETHER WITH A  NOTICE  OF  FILING
 UPON  ALL  PARTIES  TO THE PROCEEDING, AND UPON THE FINANCIAL OFFICER OF
 THE PUBLIC AGENCY INVOLVED.
   (B) IN ADDITION TO DIRECTING PAYMENT OF WAGES FOUND TO  BE  DUE,  SUCH
 ORDER  OF  THE FISCAL OFFICER SHALL DIRECT PAYMENT OF LIQUIDATED DAMAGES
 IN AN AMOUNT EQUAL TO THE GREATER OF TWO PERCENT OF THE ANNUAL VALUE  OF
 THE FINANCIAL ASSISTANCE OR COVERED LEASE, OR TWO-TENTHS OF A PERCENT OF
 THE  TOTAL VALUE OF THE FINANCIAL ASSISTANCE OR COVERED LEASE. WHERE THE
 FISCAL OFFICER IS THE COMMISSIONER, THE PENALTY SHALL  BE  PAID  TO  THE
 COMMISSIONER FOR DEPOSIT IN THE STATE TREASURY. WHERE THE FISCAL OFFICER
 IS  A  CITY COMPTROLLER OR OTHER ANALOGOUS OFFICER, THE PENALTY SHALL BE
 PAID TO SAID OFFICER FOR DEPOSIT IN THE CITY TREASURY.
   (C) AN ORDER DIRECTING THE PAYMENT TO  SPECIFIED  EMPLOYEES  OF  WAGES
 FOUND  TO  BE  DUE  AND UNPAID SHALL INCLUDE INTEREST AT A RATE NOT LESS
 THAN SIX PER CENTUM PER YEAR, AND NOT MORE THAN  THE  RATE  OF  INTEREST
 THEN IN EFFECT AS PRESCRIBED BY THE SUPERINTENDENT OF FINANCIAL SERVICES
 PURSUANT  TO  SECTION  FOURTEEN-A  OF THE BANKING LAW PER ANNUM FROM THE
 TIME SUCH WAGES SHOULD HAVE BEEN PAID. IN DETERMINING THE RATE OF INTER-
 EST TO BE IMPOSED, THE FISCAL OFFICER SHALL CONSIDER  THE  SIZE  OF  THE
 EMPLOYER'S  BUSINESS, THE GOOD FAITH OF THE EMPLOYER, THE GRAVITY OF THE
 VIOLATION, THE HISTORY OF PREVIOUS VIOLATIONS OF THE EMPLOYER, SUCCESSOR
 OR SUBSTANTIALLY-OWNED AFFILIATED ENTITY, ANY  OFFICER  OF  THE  COVERED
 DEVELOPER,  COVERED  LESSEE OR LESSOR, OR COVERED EMPLOYER WHO KNOWINGLY
 PARTICIPATED IN THE VIOLATION OF THIS ARTICLE, AND ANY OF  THE  PARTNERS
 IF  THE COVERED DEVELOPER, COVERED LESSEE OR LESSOR, OR COVERED EMPLOYER
 IS A PARTNERSHIP, OR ANY OF THE FIVE LARGEST SHAREHOLDERS OF THE COVERED
 DEVELOPER, COVERED LESSEE OR LESSOR, OR THE COVERED EMPLOYER, AS  DETER-
 MINED  BY THE FISCAL OFFICER, AND THE FAILURE TO COMPLY WITH RECORDKEEP-
 ING OR OTHER NON-WAGE REQUIREMENTS.
   5. (A) PROVIDED THAT NO PROCEEDING FOR JUDICIAL REVIEW AS PROVIDED  IN
 THIS  SECTION  SHALL THEN BE PENDING AND THE TIME FOR INITIATION OF SUCH
 PROCEEDING SHALL HAVE EXPIRED, THE FISCAL OFFICER SHALL  FILE  WITH  THE
 COUNTY  CLERK OF THE COUNTY WHERE THE EMPLOYER RESIDES OR HAS A PLACE OF
 BUSINESS, THE ORDER OF THE FISCAL OFFICER CONTAINING THE AMOUNT FOUND TO
 BE DUE. THE FILING OF SUCH ORDER SHALL HAVE THE FULL FORCE AND EFFECT OF
 A JUDGMENT DULY DOCKETED IN THE OFFICE OF SUCH CLERK. THE ORDER  MAY  BE
 ENFORCED  BY  AND  IN THE NAME OF THE FISCAL OFFICER IN THE SAME MANNER,
 AND WITH LIKE EFFECT, AS THAT PRESCRIBED BY THE CIVIL PRACTICE  LAW  AND
 RULES FOR THE ENFORCEMENT OF A MONEY JUDGMENT.
 S. 2517                             7
 
   (B)  WHEN  A FINAL DETERMINATION HAS BEEN MADE IN FAVOR OF A COMPLAIN-
 ANT, AND THE COVERED DEVELOPER, COVERED LESSEE  OR  LESSOR,  OR  COVERED
 EMPLOYER  FOUND  IN VIOLATION OF THIS ARTICLE HAS FAILED TO MAKE PAYMENT
 AS REQUIRED BY THE ORDER OF THE FISCAL OFFICER,  AND  PROVIDED  THAT  NO
 RELEVANT  PROCEEDING  FOR  JUDICIAL REVIEW SHALL THEN BE PENDING AND THE
 TIME FOR INITIATION OF SUCH PROCEEDING SHALL HAVE  EXPIRED,  THE  FISCAL
 OFFICER  MAY  FILE  A COPY OF THE ORDER OF THE FISCAL OFFICER CONTAINING
 THE AMOUNT FOUND TO BE DUE WITH THE COUNTY CLERK OF THE COUNTY OF  RESI-
 DENCE OR PLACE OF BUSINESS OF ANY OF THE FOLLOWING:
   (I)  ANY SUBSTANTIALLY-OWNED AFFILIATED ENTITY OR ANY SUCCESSOR OF THE
 COVERED DEVELOPER, COVERED LESSEE OR LESSOR, OR COVERED EMPLOYER;
   (II) ANY OF THE PARTNERS IF THE COVERED DEVELOPER, COVERED  LESSEE  OR
 LESSOR,  OR COVERED EMPLOYER IS A PARTNERSHIP OR ANY OF THE FIVE LARGEST
 SHAREHOLDERS OF THE COVERED DEVELOPER,  COVERED  LESSEE  OR  LESSOR,  OR
 COVERED EMPLOYER, AS DETERMINED BY THE FISCAL OFFICER; OR
   (III)  ANY OFFICER OF THE COVERED DEVELOPER, COVERED LESSEE OR LESSOR,
 OR COVERED EMPLOYER WHO KNOWINGLY PARTICIPATED IN THE VIOLATION OF  THIS
 ARTICLE;  PROVIDED,  HOWEVER,  THAT THE FISCAL OFFICER SHALL WITHIN FIVE
 DAYS OF THE FILING OF THE ORDER PROVIDE NOTICE THEREOF TO THE PARTNER OR
 TOP FIVE SHAREHOLDERS OR  SUCCESSOR  OR  SUBSTANTIALLY-OWNED  AFFILIATED
 ENTITY.
   (C)  THE NOTIFIED PARTY MAY CONTEST THE FILING ON THE BASIS THAT IT IS
 NOT A PARTNER OR ONE OF THE FIVE LARGEST SHAREHOLDERS, AN OFFICER OF THE
 COVERED DEVELOPER, COVERED LESSEE OR LESSOR,  OR  COVERED  EMPLOYER  WHO
 KNOWINGLY  PARTICIPATED  IN  THE VIOLATION OF THIS ARTICLE, SUCCESSOR OR
 SUBSTANTIALLY-OWNED AFFILIATED ENTITY. IF, AFTER REVIEWING THE  INFORMA-
 TION  PROVIDED  BY  THE  NOTIFIED  PARTY IN SUPPORT OF SUCH CONTEST, THE
 FISCAL OFFICER DETERMINES THAT THE NOTIFIED  PARTY  IS  NOT  WITHIN  THE
 DEFINITIONS DESCRIBED HEREIN, THE FISCAL OFFICER SHALL IMMEDIATELY WITH-
 DRAW HIS OR HER FILING OF THE ORDER.
   (D) THE FILING OF SUCH ORDER SHALL HAVE THE FULL FORCE AND EFFECT OF A
 JUDGMENT  DULY  DOCKETED  IN  THE OFFICE OF SUCH CLERK. THE ORDER MAY BE
 ENFORCED BY AND IN THE NAME OF THE FISCAL OFFICER IN  THE  SAME  MANNER,
 AND  WITH  LIKE  EFFECT AS THAT PRESCRIBED BY THE CIVIL PRACTICE LAW AND
 RULES FOR THE ENFORCEMENT OF A MONEY JUDGMENT.
   6. WHEN A FINAL DETERMINATION HAS BEEN MADE AND SUCH DETERMINATION  IS
 IN  FAVOR  OF  AN  EMPLOYEE, SUCH EMPLOYEE MAY, IN ADDITION TO ANY OTHER
 REMEDY PROVIDED BY THIS ARTICLE, INSTITUTE AN ACTION  IN  ANY  COURT  OF
 APPROPRIATE  JURISDICTION AGAINST THE ENTITY FOUND TO HAVE VIOLATED THIS
 ARTICLE, ANY SUBSTANTIALLY-OWNED AFFILIATED ENTITY, ANY OFFICER  OF  THE
 COVERED  DEVELOPER,  COVERED  LESSEE  OR LESSOR, OR COVERED EMPLOYER WHO
 KNOWINGLY PARTICIPATED IN THE VIOLATION OF THIS ARTICLE, AND ANY OF  THE
 PARTNERS  IF THE COVERED DEVELOPER, COVERED LESSEE OR LESSOR, OR COVERED
 EMPLOYER IS A PARTNERSHIP OR ANY OF THE FIVE LARGEST SHAREHOLDERS OF THE
 COVERED DEVELOPER, COVERED LESSEE OR LESSOR,  OR  COVERED  EMPLOYER,  AS
 DETERMINED  BY  THE  FISCAL  OFFICER, FOR THE RECOVERY OF THE DIFFERENCE
 BETWEEN THE SUM, IF ANY, ACTUALLY PAID TO HIM OR HER  BY  THE  AFORESAID
 FINANCIAL  OFFICER PURSUANT TO SAID ORDER AND THE AMOUNT FOUND TO BE DUE
 TO HIM OR HER AS DETERMINED BY SAID ORDER. SUCH ACTION MUST BE COMMENCED
 WITHIN THREE YEARS FROM THE DATE OF THE FILING OF SAID ORDER, OR IF SAID
 ORDER IS REVIEWED IN A PROCEEDING PURSUANT TO ARTICLE  SEVENTY-EIGHT  OF
 THE  CIVIL  PRACTICE  LAW AND RULES, WITHIN THREE YEARS AFTER THE TERMI-
 NATION OF SUCH REVIEW PROCEEDING.
   7. (A) ANY PERSON CLAIMED TO BE AGGRIEVED BY A VIOLATION OF THIS ARTI-
 CLE SHALL HAVE A CAUSE OF ACTION IN ANY COURT OF COMPETENT  JURISDICTION
 AGAINST  THE  ENTITY ALLEGED TO HAVE VIOLATED THIS ARTICLE, ANY SUBSTAN-
 S. 2517                             8
 
 TIALLY-OWNED AFFILIATED ENTITY, ANY OFFICER OF  THE  COVERED  DEVELOPER,
 COVERED LESSEE OR LESSOR, OR COVERED EMPLOYER WHO KNOWINGLY PARTICIPATED
 IN THE VIOLATION OF THIS ARTICLE, AND ANY OF THE PARTNERS IF THE COVERED
 DEVELOPER,  COVERED  LESSEE OR LESSOR, OR COVERED EMPLOYER IS A PARTNER-
 SHIP OR ANY OF THE FIVE LARGEST SHAREHOLDERS OF THE  COVERED  DEVELOPER,
 COVERED  LESSEE  OR  LESSOR,  OR  COVERED EMPLOYER, AS DETERMINED BY THE
 FISCAL OFFICER, FOR THE RECOVERY OF THE DIFFERENCE BETWEEN THE  SUM,  IF
 ANY,  ACTUALLY  PAID  TO  HIM  OR HER BY THE AFORESAID FINANCIAL OFFICER
 PURSUANT TO SAID ORDER AND THE AMOUNT FOUND TO BE DUE TO HIM OR  HER  AS
 DETERMINED  BY SAID ORDER.  THE AGGRIEVED PARTY MAY SEEK DAMAGES INCLUD-
 ING PUNITIVE DAMAGES, INJUNCTIVE RELIEF, AND SUCH OTHER REMEDIES AS  MAY
 BE APPROPRIATE, UNLESS SUCH PERSON HAS FILED A COMPLAINT WITH THE FISCAL
 OFFICER  WITH  RESPECT TO SUCH CLAIM. IN AN ACTION BROUGHT BY A BUILDING
 SERVICE EMPLOYEE, IF THE COURT FINDS IN FAVOR OF THE EMPLOYEE, IT  SHALL
 AWARD  THE  EMPLOYEE, IN ADDITION TO OTHER RELIEF, HIS OR HER REASONABLE
 ATTORNEYS' FEES AND COSTS.
   (B) INVESTIGATION BY THE FISCAL OFFICER SHALL NOT  BE  A  PREREQUISITE
 TO,  NOR  A  BAR  AGAINST,  A  PERSON BRINGING A CIVIL ACTION UNDER THIS
 SECTION.  NOTWITHSTANDING ANY INCONSISTENT PROVISION OF SUBDIVISIONS ONE
 THROUGH SIX OF THIS SECTION, WHERE A COMPLAINT  FILED  WITH  THE  FISCAL
 OFFICER  IS  DISMISSED, AN AGGRIEVED PERSON SHALL MAINTAIN ALL RIGHTS TO
 COMMENCE A CIVIL ACTION PURSUANT TO THIS ACTION AS IF NO  COMPLAINT  HAD
 BEEN FILED.
   (C) NO PROCEDURE OR REMEDY SET FORTH IN THIS SECTION IS INTENDED TO BE
 EXCLUSIVE  OR A PREREQUISITE FOR ASSERTING A CLAIM FOR RELIEF TO ENFORCE
 ANY RIGHTS HEREUNDER IN A COURT  OF  LAW.  THIS  SECTION  SHALL  NOT  BE
 CONSTRUED  TO  LIMIT  AN EMPLOYEE'S RIGHT TO BRING A COMMON LAW CAUSE OF
 ACTION FOR WRONGFUL TERMINATION.
   (D) ANY JUDGEMENT OR COURT ORDER AWARDING REMEDIES UNDER THIS  SECTION
 SHALL  PROVIDE  THAT IF ANY AMOUNT REMAINS UNPAID UPON THE EXPIRATION OF
 NINETY DAYS FOLLOWING ISSUANCE OF JUDGEMENT, OR NINETY DAYS AFTER  EXPI-
 RATION OF THE TIME TO APPEAL AND NO APPEAL IS THEN PENDING, WHICHEVER IS
 LATER,  THE  TOTAL  AMOUNT  OF JUDGEMENT SHALL AUTOMATICALLY INCREASE BY
 FIFTEEN PERCENT.
   (E) IN ANY ACTION INSTITUTED UPON A WAGE CLAIM BY A  BUILDING  SERVICE
 EMPLOYEE  IN  WHICH  THE  EMPLOYEE  PREVAILS,  THE  COURT MAY ALLOW SUCH
 EMPLOYEE, IN ADDITION TO ORDINARY COSTS, A REASONABLE SUM NOT  EXCEEDING
 ONE HUNDRED DOLLARS FOR EXPENSES, WHICH MAY BE TAXED AS COSTS. NO ASSIG-
 NEE OF A WAGE CLAIM SHALL BE BENEFITTED BY THIS PROVISION.
   (F)  NOTWITHSTANDING  ANY OTHER PROVISION OF LAW, AN ACTION TO RECOVER
 UPON LIABILITY IMPOSED BY THIS ARTICLE  MUST  BE  COMMENCED  WITHIN  THE
 GREATER  OF  SIX YEARS FROM THE DATE THE CAUSE OF ACTION ACCRUED, OR TWO
 YEARS FROM THE TIME THE PLAINTIFF  OR  THE  PERSON  WHOM  THE  PLAINTIFF
 CLAIMS  DISCOVERED  THE  FRAUD,  OR COULD WITH REASONABLE DILIGENCE HAVE
 DISCOVERED IT. THE STATUTE OF LIMITATIONS SHALL BE TOLLED FROM THE  DATE
 AN  EMPLOYEE  FILES  A COMPLAINT WITH THE FISCAL OFFICER OR THE DATE THE
 FISCAL OFFICER COMMENCES AN INVESTIGATION, WHICHEVER IS  EARLIER,  UNTIL
 AN  ORDER TO COMPLY ISSUED BY THE FISCAL OFFICER BECOMES FINAL, OR WHERE
 THE FISCAL OFFICER DOES NOT ISSUE AN ORDER, UNTIL THE DATE ON WHICH  THE
 FISCAL  OFFICER  NOTIFIES  THE  COMPLAINANT  THAT  THE INVESTIGATION HAS
 CONCLUDED.
   8. (A) NO PERSON SHALL TAKE ANY ADVERSE  ACTION  AGAINST  AN  EMPLOYEE
 WHICH  PENALIZES  AN  EMPLOYEE  FOR, OR IS REASONABLY LIKELY TO DETER AN
 EMPLOYEE FROM, EXERCISING OR  ATTEMPTING  TO  EXERCISE  SUCH  EMPLOYEE'S
 RIGHTS  UNDER THIS ARTICLE OR INTERFERE WITH SUCH EMPLOYEE'S EXERCISE OF
 RIGHTS UNDER THIS ARTICLE.
 S. 2517                             9
 
   (B) TAKING AN ADVERSE ACTION INCLUDES, BUT IS NOT LIMITED TO,  THREAT-
 ENING, INTIMIDATING, DISCIPLINING, DISCHARGING, DEMOTING, SUSPENDING, OR
 HARASSING AN EMPLOYEE, REDUCING THE HOURS OF PAY OF AN EMPLOYEE, INFORM-
 ING  ANOTHER  EMPLOYER  THAT  AN  EMPLOYEE  HAS  ENGAGED  IN  ACTIVITIES
 PROTECTED  BY THIS ARTICLE, DISCRIMINATING AGAINST THE EMPLOYEE, INCLUD-
 ING ACTIONS RELATED TO PERCEIVED IMMIGRATION  STATUS  OR  WORK  AUTHORI-
 ZATION, AND MAINTENANCE OR APPLICATION OF AN ABSENCE CONTROL POLICY THAT
 COUNTS  PROTECTED  LEAVE  AS AN ABSENCE THAT MAY LEAD TO OR RESULT IN AN
 ADVERSE ACTION.
   (C) AN EMPLOYEE NEED NOT EXPLICITLY REFER TO A PROVISION OF THIS ARTI-
 CLE TO BE PROTECTED FROM AN ADVERSE ACTION.
   (D) A CASUAL CONNECTION  MAY  BE  ESTABLISHED  BETWEEN  THE  EXERCISE,
 ATTEMPTED  EXERCISE, OR ANTICIPATED EXERCISE OF RIGHTS PROTECTED BY THIS
 ARTICLE AND AN EMPLOYER'S ADVERSE ACTION AGAINST AN EMPLOYEE OR A  GROUP
 OF EMPLOYEES BY INDIRECT OR DIRECT EVIDENCE.
   (E)  RETALIATION  IS  ESTABLISHED  WHEN  IT  IS SHOWN THAT A PROTECTED
 ACTIVITY WAS A MOTIVATING FACTOR FOR AN ADVERSE ACTION, WHETHER  OR  NOT
 OTHER FACTORS MOTIVATED THE ADVERSE ACTION.
   9.  (A)  WHEN  A  FINAL  DETERMINATION HAS BEEN MADE AGAINST A COVERED
 EMPLOYER IN FAVOR OF A COMPLAINANT AND THE COVERED DEVELOPER, OR COVERED
 LESSEE OR LESSOR, HAS MADE PAYMENT TO THE COMPLAINANT OF ANY  WAGES  AND
 INTEREST  DUE  THE COMPLAINANT AND ANY CIVIL PENALTY, AND PROVIDING THAT
 NO RELEVANT PROCEEDING FOR JUDICIAL REVIEW SHALL THEN BE PENDING AND THE
 TIME FOR INITIATION OF SUCH PROCEEDING SHALL HAVE EXPIRED,  THE  COVERED
 DEVELOPER,  OR COVERED LESSEE OR LESSOR, MAY FILE A COPY OF THE ORDER OF
 THE FISCAL OFFICER CONTAINING THE AMOUNT FOUND TO BE DUE WITH THE COUNTY
 CLERK OF THE COUNTY OF RESIDENCE OR PLACE OF  BUSINESS  OF  THE  COVERED
 EMPLOYER.  THE FILING OF SUCH ORDER SHALL HAVE THE FULL FORCE AND EFFECT
 OF A JUDGMENT DULY DOCKETED IN THE OFFICE OF SUCH  CLERK.  THE  JUDGMENT
 MAY  BE DOCKETED IN FAVOR OF THE COVERED DEVELOPER, OR COVERED LESSEE OR
 LESSOR, WHO MAY PROCEED AS  A  JUDGMENT  CREDITOR  AGAINST  THE  COVERED
 EMPLOYER  FOR  THE RECOVERY OF ALL MONIES PAID BY THE COVERED DEVELOPER,
 OR COVERED LESSEE OR LESSOR, UNDER SUCH ORDER.
   (B) WHEN A COVERED DEVELOPER, OR COVERED LESSEE OR  LESSOR,  HAS  MADE
 PAYMENT  TO  A  COMPLAINANT  OF ANY WAGES AND INTEREST DUE TO HIM OR HER
 BECAUSE OF A COVERED EMPLOYER'S VIOLATION OF THIS ARTICLE,  THE  COVERED
 DEVELOPER,  OR  COVERED  LESSEE OR LESSOR, MAY BRING SUIT TO RECOVER ALL
 MONIES PAID BY THE COVERED DEVELOPER, OR COVERED LESSEE OR LESSOR,  FROM
 THE COVERED EMPLOYER.
   10.  (A) WHEN TWO JUDGMENTS OR FINAL ORDERS PURSUANT TO THE PROVISIONS
 OF THIS SECTION HAVE BEEN ENTERED AGAINST A BODY, AS  DEFINED  BY  PARA-
 GRAPH  (B)  OF  THIS  SUBDIVISION,  WHO  KNOWINGLY  PARTICIPATED  IN THE
 VIOLATION OF THIS ARTICLE WITHIN ANY CONSECUTIVE SIX-YEAR PERIOD  DETER-
 MINING  THAT  SUCH  BODY  WHO KNOWINGLY PARTICIPATED IN THE VIOLATION OF
 THIS ARTICLE HAS WILLFULLY FAILED TO PAY THE PREVAILING WAGES IN ACCORD-
 ANCE WITH THE PROVISIONS OF THIS ARTICLE,  WHETHER  SUCH  FAILURES  WERE
 CONCURRENT  OR  CONSECUTIVE AND WHETHER OR NOT SUCH FINAL DETERMINATIONS
 CONCERNING SEPARATE COVERED LEASES OR AWARDS OF FINANCIAL ASSISTANCE ARE
 RENDERED SIMULTANEOUSLY, SUCH ENTITY WHO KNOWINGLY PARTICIPATED  IN  THE
 VIOLATION  OF THIS ARTICLE, OR ANY SUCCESSOR IS A CORPORATION, ANY OFFI-
 CER OF SUCH CORPORATION WHO  KNOWINGLY  PARTICIPATED  IN  SUCH  FAILURE,
 SHALL BE INELIGIBLE TO ENTER INTO COVERED LEASES WITH A PUBLIC AGENCY OR
 RECEIVE FINANCIAL ASSISTANCE FOR A PERIOD OF FIVE YEARS FROM THE DATE OF
 THE  SECOND  ORDER,  PROVIDED,  HOWEVER, THAT WHERE ANY SUCH FINAL ORDER
 INVOLVES THE FALSIFICATION OF PAYROLL RECORDS OR THE KICKBACK OF  WAGES,
 THE  BODY  WHO  KNOWINGLY  PARTICIPATED IN THE VIOLATION OF THIS ARTICLE
 S. 2517                            10
 
 SHALL BE INELIGIBLE TO ENTER INTO COVERED LEASES OR TO RECEIVE FINANCIAL
 ASSISTANCE FOR A PERIOD OF FIVE YEARS FROM THE DATE OF THE  FIRST  FINAL
 ORDER.  NOTHING  IN THIS SUBDIVISION SHALL BE CONSTRUED AS AFFECTING ANY
 PROVISION  OF  ANY  OTHER  LAW OR REGULATION RELATING TO THE AWARDING OF
 FINANCIAL ASSISTANCE OR ENTERING INTO A  COVERED  LEASE  WITH  A  PUBLIC
 AGENCY.  THE  INDUSTRIAL  COMMISSIONER  SHALL MAINTAIN A LIST OF COVERED
 DEVELOPERS, COVERED LESSEES OR LESSORS, OR COVERED  EMPLOYERS,  WHO  ARE
 INELIGIBLE,  INCLUDING THEIR NAMES, ADDRESS, DATE, AND DURATION OF THEIR
 INELIGIBILITY. SUCH LIST SHALL BE UPDATED AND PUBLISHED AS OFTEN  AS  IS
 NECESSARY TO KEEP IT CURRENT.
   (B)  FOR  THE  PURPOSES OF PARAGRAPH (A) OF THIS SUBDIVISION, THE TERM
 "BODY" SHALL MEAN A COVERED DEVELOPER, COVERED LESSEE OR LESSOR, COVERED
 EMPLOYER, SUCCESSOR, OR ANY SUBSTANTIALLY-OWNED AFFILIATED ENTITY OF THE
 COVERED DEVELOPER, COVERED LESSEE OR LESSOR, OR COVERED EMPLOYER, ANY OF
 THE PARTNERS IF THE COVERED DEVELOPER,  COVERED  LESSEE  OR  LESSOR,  OR
 COVERED  EMPLOYER IS A PARTNERSHIP, ANY OF THE FIVE LARGEST SHAREHOLDERS
 OF THE COVERED DEVELOPER, COVERED LESSEE OR LESSOR, OR COVERED EMPLOYER,
 ANY OFFICER OF THE COVERED  DEVELOPER,  COVERED  LESSEE  OR  LESSOR,  OR
 COVERED EMPLOYER.
   §  7.  Subdivision  1  of  section 237 of the labor law, as amended by
 chapter 88 of the laws of 2021, is amended and a new  subdivision  5  is
 added to read as follows:
   1.  Subcontractors  engaged  for  service  work by a contractor or its
 subcontractor AND COVERED EMPLOYERS shall, upon receipt from the COVERED
 DEVELOPER, OR COVERED LESSEE OR LESSOR, contractor or its  subcontractor
 of  the  schedule  of wages and supplements specified in the contract OR
 THE PREVAILING WAGE SCHEDULE PURSUANT TO THIS ARTICLE,  provide  to  the
 COVERED  DEVELOPER,  COVERED LESSEE OR LESSOR, contractor or its subcon-
 tractor a verified statement attesting  that  the  COVERED  EMPLOYER  OR
 subcontractor  has  received  and  reviewed  such  schedule of wages and
 supplements, and agrees that it will pay the applicable prevailing wages
 and will pay or provide the supplements specified therein. Such verified
 statement shall be filed in the manner described in subdivision three of
 this section FOR SUBCONTRACTORS OF A CONTRACTOR  OR  ITS  SUBCONTRACTOR,
 AND  IN  THE  MANNER  DESCRIBED  IN SUBDIVISION FIVE OF THIS SECTION FOR
 COVERED EMPLOYERS. It shall be a  violation  of  this  article  for  any
 COVERED  DEVELOPER,  COVERED LESSEE OR LESSOR, contractor or its subcon-
 tractor to fail to provide for its subcontractor a copy of the  schedule
 of  wages  and  supplements  specified in the contract OR THE PREVAILING
 WAGE SCHEDULE PURSUANT TO THIS ARTICLE.
   5. PRIOR TO RECEIVING FINANCIAL ASSISTANCE OR ENTERING INTO A  COVERED
 LEASE, OR AN EXTENSION, RENEWAL, AMENDMENT, OR MODIFICATION OF A COVERED
 LEASE, AND ANNUALLY  THEREAFTER, EVERY COVERED DEVELOPER, COVERED LESSEE
 OR  LESSOR, OR COVERED EMPLOYER SHALL PROVIDE TO THE PUBLIC AGENCY LEAS-
 ING OR PROVIDING FINANCIAL ASSISTANCE AND TO THE FISCAL OFFICER AN ANNU-
 AL VERIFIED STATEMENT THAT ALL BUILDING SERVICE EMPLOYEES EMPLOYED AT  A
 COVERED  DEVELOPMENT  PROJECT  OR  AT REAL PROPERTY SUBJECT TO A COVERED
 LEASE BY THE COVERED DEVELOPER,  COVERED  LESSEE  OR  LESSOR,  OR  BY  A
 COVERED  EMPLOYER  TO  PERFORM BUILDING SERVICE WORK WILL BE AND/OR HAVE
 BEEN PAID THE PREVAILING WAGE. SUCH VERIFIED STATEMENT SHALL  INCLUDE  A
 RECORD  OF THE DAYS AND HOURS WORKED AND THE WAGES PAID TO EACH BUILDING
 SERVICE EMPLOYEE EMPLOYED AT THE COVERED DEVELOPMENT PROJECT, OR AT REAL
 PROPERTY SUBJECT TO A COVERED LEASE. WHERE THE WAGES PAID  INCLUDE  SUMS
 WHICH ARE NOT PAID DIRECTLY TO THE WORKMEN WEEKLY AND WHICH ARE EXPENDED
 FOR  SUPPLEMENTS,  THE  STATEMENT  SHALL INCLUDE A RECORD OF SUCH HOURLY
 PAYMENTS ON BEHALF OF SUCH EMPLOYEES, THE SUPPLEMENT  FOR  WHICH    SUCH
 S. 2517                            11
 
 PAYMENT  HAS  BEEN  MADE, AND THE NAME AND ADDRESS OF THE PERSON TO WHOM
 THE PAYMENT HAS BEEN MADE. SUCH STATEMENT SHALL BE VERIFIED BY THE  OATH
 OF  THE CHIEF EXECUTIVE OR CHIEF FINANCIAL OFFICER OF THE COVERED DEVEL-
 OPER,  OR  COVERED LESSEE OR LESSOR, OR THE  DESIGNEE OF ANY SUCH PERSON
 THAT HE OR SHE HAS READ SUCH STATEMENTS SUBSCRIBED BY  HIM  OR  HER  AND
 KNOWS  THE CONTENTS THEREOF, AND THAT THE SAME IS TRUE OF HIS OR HER OWN
 KNOWLEDGE, EXCEPT  WITH  RESPECT  TO  WAGES  AND  SUPPLEMENTS  OWING  BY
 CONTRACT  WHICH  MAY  BE  CERTIFIED    UPON  INFORMATION  AND  BELIEF. A
 VIOLATION OF ANY PROVISION OF THE STATEMENT, OR FAILURE TO  PROVIDE SUCH
 STATEMENT, SHALL CONSTITUTE A VIOLATION  OF  THIS  SECTION.  THE  FISCAL
 OFFICER OR A PUBLIC AGENCY LEASING OR PROVIDING FINANCIAL ASSISTANCE MAY
 INSPECT  THE  RECORDS MAINTAINED PURSUANT TO SECTION TWO HUNDRED THIRTY-
 THREE OF THIS ARTICLE TO VERIFY THESE STATEMENTS.
   § 8. Subdivision 1 of section 238 of the labor law, as added by  chap-
 ter 777 of the laws of 1971, is amended and a new subdivision 3 is added
 to read as follows:
   1.  Any  contractor,  COVERED  DEVELOPER,  COVERED  LESSEE  OR LESSOR,
 COVERED EMPLOYER, or subcontractor who shall upon his  oath  verify  any
 statement  required to be filed under this article which is known by him
 to be false shall be guilty of perjury and punishable as provided by the
 penal law.
   3. IN THE EVENT OF A FAILURE BY A COVERED DEVELOPER, COVERED LESSEE OR
 LESSOR, OR COVERED EMPLOYER TO COMPLY WITH THE PROVISIONS OF THIS  ARTI-
 CLE, THE COVERED DEVELOPER, COVERED LESSEE OR LESSOR, OR COVERED EMPLOY-
 ER  SHALL  BE PROVIDED WITH A WRITTEN NOTICE OF FAILURE TO COMPLY BY THE
 FISCAL OFFICER ALLOWING TEN DAYS TO CURE THE FAILURE TO COMPLY.  IF  THE
 COVERED  DEVELOPER,  COVERED LESSEE OR LESSOR, OR COVERED EMPLOYER FAILS
 TO TIMELY CURE IN ADDITION TO ANY OTHER REMEDIES AVAILABLE AT LAW OR  IN
 EQUITY,  THE  FISCAL  OFFICER  SHALL  BE PERMITTED TO SEEK THE FOLLOWING
 REMEDIES:
   (A) SUSPEND THE PAYMENTS OF ANY FINANCIAL ASSISTANCE  TO  THE  COVERED
 DEVELOPER UNTIL THE DATE OF CURE.
   (B) FAILURE TO PROVIDE A REQUIRED RECORD OR STATEMENT OR TO ALLOW WORK
 PLACE  ACCESS MAY RESULT IN LIQUIDATED DAMAGES TO AN AMOUNT EQUAL TO THE
 GREATER OF TWO PERCENT OF THE ANNUAL VALUE OF THE  FINANCIAL  ASSISTANCE
 OR  COVERED  LEASE, OR TWO-TENTHS OF A PERCENT OF THE TOTAL VALUE OF THE
 FINANCIAL ASSISTANCE OR COVERED LEASE.
   (C) A MATERIAL BREACH OF THIS ARTICLE THAT CONTINUES FOR A  PERIOD  OF
 SIX MONTHS OR MORE SHALL ALLOW THE PUBLIC AGENCY TO TERMINATE THE FINAN-
 CIAL ASSISTANCE OR COVERED LEASE.
   (D)  LATE  FILING OF ANY REPORT REQUIRED UNDER THIS ARTICLE: A PAYMENT
 OF ONE THOUSAND DOLLARS PER DAY FOR EACH DAY THE REPORT IS LATE, FOR  UP
 TO  FOURTEEN  DAYS.  AFTER FOURTEEN DAYS, THE REMEDY IN PARAGRAPH (B) OF
 THIS SUBDIVISION SHALL APPLY.
   (E) WHERE THE FISCAL OFFICER IS THE COMMISSIONER, THE PENALTY SHALL BE
 PAID TO THE COMMISSIONER FOR DEPOSIT IN THE STATE  TREASURY.  WHERE  THE
 FISCAL  OFFICER  IS  A  CITY COMPTROLLER OR OTHER ANALOGOUS OFFICER, THE
 PENALTY SHALL BE PAID TO SAID OFFICER FOR DEPOSIT IN THE CITY TREASURY.
   § 9. The opening paragraph and subdivision 4 of  section  239  of  the
 labor  law, as amended by chapter 88 of the laws of 2021, are amended to
 read as follows:
   [Every] COVERED DEVELOPERS AND COVERED LESSEES OR LESSORS SHALL COMPLY
 WITH THE FOLLOWING PROVISIONS, AND EVERY contract for service work shall
 contain provisions by which the contractor agrees:
   (4) that the contract, COVERED LEASE, OR GRANT OF FINANCIAL ASSISTANCE
 may be cancelled or terminated by the public agency, and all moneys  due
 S. 2517                            12
 
 or  to become due thereunder may be forfeited for a second or any subse-
 quent violation of the terms  or  conditions  of  this  section  of  the
 contract.
   §  10. Section 239-a of the labor law, as amended by chapter 88 of the
 laws of 2021, is amended to read as follows:
   § 239-a. Enforcement of article. If the  fiscal  officer,  as  defined
 herein,  finds  that any COVERED DEVELOPER, COVERED LESSEE OR LESSOR, OR
 contractor on service work fails to comply with or evades the provisions
 of this article, he OR SHE shall present evidence of such  noncompliance
 or  evasion  to  the public agency having charge of such work, OR HAVING
 ENTERED INTO A COVERED LEASE OR PROVIDED FINANCIAL  ASSISTANCE  FOR  THE
 COVERED  DEVELOPMENT PROJECT, for enforcement. Where such evidence indi-
 cates a noncompliance or evasion on  the  part  of  a  subcontractor  OR
 COVERED EMPLOYER, the contractor OR COVERED DEVELOPER, OR COVERED LESSEE
 OR  LESSOR,  shall  be responsible for such noncompliance or evasion. It
 shall be the duty of the public agency in charge of such  service  work,
 OR WHO HAS ENTERED INTO A COVERED LEASE OR PROVIDED FINANCIAL ASSISTANCE
 FOR  THE  COVERED DEVELOPMENT PROJECT, to enforce the provisions of this
 article.
   § 11. This act shall take effect immediately.