Senate Bill S4144

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4144
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 3, 2025
                                ___________
 
 Introduced by Sens. PARKER, MYRIE -- 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 allowing certain organiza-
   tions  access  to  certified  payroll  records of companies performing
   public work

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision 7 of section 220 of the labor law, as amended
 by chapter 7 of the laws of 2008, is amended to read as follows:
   7. Compliance investigations. A. The fiscal officer as herein  defined
 shall  on a verified complaint in writing of any person interested or of
 any employee  organization  pursuant  to  subdivision  eight-d  of  this
 section, and may on [his] THEIR own initiative cause a compliance inves-
 tigation to be made to determine whether the contractor or a subcontrac-
 tor  has  paid the prevailing rate of wages and prevailing practices for
 supplements in the same trade or occupation in the locality  within  the
 state  where  such public work is being performed, or the hours of labor
 performed by the [workmen] WORKERS, laborers and mechanics  employed  on
 such  public  work,  or  both.   The fiscal officer or [his] SUCH FISCAL
 OFFICER'S agents, examiners and inspectors may examine or  cause  to  be
 examined  the books and records pertaining to the rate of wages paid and
 supplements provided to the laborers, [workmen] WORKERS and mechanics on
 said public work and the hours of  labor  performed  by  such  laborers,
 [workmen]  WORKERS and mechanics on said public work. The fiscal officer
 in such investigation shall be deemed to be acting in a judicial capaci-
 ty, and shall have the right to issue subpoenas,  administer  oaths  and
 examine  witnesses.  The  enforcement  of  a  subpoena issued under this
 section shall be regulated by the civil practice  law  and  rules.  Such
 fiscal  officer  shall  make either an order, determination or any other
 disposition, including but not limited  to  an  agreed  upon  settlement
 and/or  stipulation,  within  six months from the date of filing of such
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07737-01-5
              

 S. 4144                             2
 
 verified complaint, and where a compliance investigation is made without
 the filing of a verified complaint, within six months from  the  date  a
 compliance  investigation  is initiated by such fiscal officer. Upon the
 making  of  said order or determination, or upon arriving at such agreed
 upon settlement and/or stipulation, a copy  thereof  shall  be  sent  by
 certified  mail, return receipt requested, by the fiscal officer: (i) to
 the person and employee organization, if any, who or which initiated the
 complaint, (ii) to the person or corporation, if any, against  whom  the
 complaint  was  brought,  and  (iii) where a compliance investigation is
 made without the filing of a complaint, to the person who or  which  was
 the subject of the compliance investigation.
   B.  (I)  AN  EMPLOYEE ORGANIZATION, WHICH HAS BEEN CERTIFIED OR RECOG-
 NIZED TO REPRESENT EMPLOYEES EMPLOYED ON  PUBLIC  WORKS  CONTRACTS,  MAY
 REQUEST  OF  A STATE AGENCY, PUBLIC AUTHORITY, OR ANY OTHER STATE ENTITY
 AUTHORIZED TO LET OUT WORK ON PUBLIC WORKS CONTRACTS,  TO  BE  FURNISHED
 WITH A COPY OF CERTIFIED PAYROLL RECORDS THAT HAVE BEEN PROVIDED TO SUCH
 AGENCY,  PUBLIC  AUTHORITY,  OR ANY OTHER STATE ENTITY AUTHORIZED TO LET
 OUT WORK ON PUBLIC WORKS CONTRACTS, BY THE CONTRACTOR  OR  SUBCONTRACTOR
 PERTAINING TO A PUBLIC WORKS CONTRACT.
   (II) IF SO REQUESTED, THE AGENCY, PUBLIC AUTHORITY, OR ANY OTHER STATE
 ENTITY  AUTHORIZED  TO  LET  OUT  WORK  ON  PUBLIC WORKS CONTRACTS, MUST
 FURNISH A COPY OF SUCH CERTIFIED PAYROLL  RECORDS  TO  THE  ORGANIZATION
 WITHIN THIRTY DAYS OF THE RECEIPT OF SUCH REQUEST.
   (III)  THE CERTIFIED PAYROLL RECORDS MUST INCLUDE AT LEAST THE FOLLOW-
 ING INFORMATION:
   (1) NAMES AND ADDRESSES OF ALL EMPLOYEES WORKING ON THE  PUBLIC  WORKS
 PROJECT;
   (2) EMPLOYEE CLASSIFICATIONS;
   (3) HOURS EMPLOYED ON THE PUBLIC WORKS PROJECT;
   (4) WAGE RATE THAT HAS BEEN PAID TO THE EMPLOYEES;
   (5) SUPPLEMENTAL WAGE RATE THAT HAS BEEN PAID TO THE EMPLOYEES;
   (6) THE RATE OF ALL OTHER MONIES THAT WERE PAID TO EMPLOYEES.
   § 2. This act shall take effect immediately.