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This entry was published on 2021-09-10
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SECTION 756-F
Wage theft prevention and enforcement
General Business (GBS) CHAPTER 20, ARTICLE 35-E
* § 756-f. Wage theft prevention and enforcement. 1. Upon request of a
contractor, or a contractor's subcontractor, to any subcontractor which
performs any portion of work within the scope of the contractor's
construction contract with an owner, such subcontractor shall provide
certified payroll records which, at a minimum, contain all lawfully
required information required for all employees providing labor on the
project. Such payroll records shall contain sufficient information to
apprise the contractor or subcontractor of such subcontractor's payment
status in paying wages and making any applicable fringe or other benefit
payments or contributions to a third party on its employee's behalf.
Payroll records shall be marked or redacted to an extent only to prevent
disclosure of an individual's full social security number but shall
provide the last four digits of the social security number.

2. Upon request of a contractor, or a contractor's subcontractor, to
any subcontractor which performs any portion of work within the scope of
the contractor's construction contract with an owner, such subcontractor
shall provide: (a) the names of all workers of such subcontractor on the
project, including the names of all those designated as independent
contractors; (b) when applicable, the name of the contractor's
subcontractor with whom such subcontractor is under contract; (c) the
anticipated contract start date; (d) the scheduled duration of work; (e)
when applicable, local unions with whom such subcontractor is a
signatory contractor; and (f) the name, address and phone number of a
contact for such subcontractor.

3. Failure to timely comply with a request for information as provided
herein shall be a basis for a contractor to withhold payments owed to a
subcontractor at any tier.

4. Unless otherwise required by law, a contractor or subcontractor
shall not communicate an individual's personal identifying information
to the general public. For purposes of this section, "personal
identifying information" shall have the same definition as provided for
in paragraph (d) of subdivision one of section two hundred three-d of
the labor law.

5. For the purposes of this section, "contractor" means any person,
firm, partnership, corporation, association, company, organization or
other entity, including a construction manager, general or prime
contractor, joint venture, or any combination thereof, which enters into
a construction contract with an owner.

6. For the purposes of this section, "owner" means any person, firm,
partnership, corporation, company, association or other organization or
other entity, or a combination of any thereof, (with an ownership
interest, whether the interest or estate is in fee, as vendee under a
contract to purchase, as lessee or another interest or estate less than
fee) that causes a building, structure or improvement, new or existing,
to be constructed, altered, repaired, maintained, moved or demolished or
that causes land to be excavated or otherwise developed or improved.

7. For the purposes of this section, "subcontractor" means any person,
firm, partnership, corporation, company, association, organization or
other entity, or any combination thereof, which is a party to a contract
with a contractor, and/or party to a contract with the contractor's
subcontractors at any tier, to perform any portion of work within the
scope of the contractor's construction contract with the owner,
including where the subcontractor has no direct privity of contract with
the contractor.

* NB Effective January 4, 2022