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This entry was published on 2021-04-02
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§ 238. Penalties. 1. Any contractor 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.

2. When a contract for service work contains as part thereof a
schedule of wages as provided for in this article, any contractor who,
after entering into such contract, and any subcontractor of such
contractor who fails to pay to any service employee the wages stipulated
in such wage schedule is guilty of a misdemeanor and upon conviction
shall be punished for a first offense by a fine of five hundred dollars
or by imprisonment for not more than thirty days or by both fine and
imprisonment; for a second offense by a fine of one thousand dollars,
and in addition thereto the contract on which the violation has occurred
shall be forfeited; and no such contractor shall be entitled to receive
any sum, nor shall any officer, agent or employee of the contracting
public agency pay any such sum or authorize its payment from the funds
under his charge or control to such contractor for work done upon the
contract on which the contractor has been convicted of a second offense.
If the contractor or subcontractor is a corporation, any officer of such
corporation who knowingly permits the corporation to fail to make such
payment shall also be guilty of a misdemeanor and the criminal and civil
penalties herein shall attach to such officer upon conviction.