Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jun 09, 2010 |
referred to labor |
Senate Bill S8120
2009-2010 Legislative Session
Sponsored By
(D, WF) Senate District
Archive: Last Bill Status - In Senate Committee Labor Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
2009-S8120 (ACTIVE) - Details
2009-S8120 (ACTIVE) - Sponsor Memo
BILL NUMBER:S8120 TITLE OF BILL: An act to amend the labor law, in relation to providing notification of prevailing wage violation allegations PURPOSE OF THE BILL: This bill mandates that a contractor be given timely notification of allegations of underpayment by a subcontractor in order to hold that contractor liable. Notification must be given within one year of the violation. SUMMARY OF PROVISIONS: Section one of the bill amends section 233 of the labor law by stating that contractors shall be liable for prevailing age, violations by sub contractors only if they are notified with one year of the violation. Section 2 of the bill amends section 740 of the labor law as it relates to the notice. Section 3 relates to the effective date. JUSTIFICATION: Currently a contractor can be held liable for a wage
2009-S8120 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 8120 I N S E N A T E June 9, 2010 ___________ Introduced by Sen. ADAMS -- 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 providing notification of prevailing wage violation allegations THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 223 of the labor law, as amended by chapter 929 of the laws of 1935, is amended to read as follows: S 223. Enforcement of article. 1. If the fiscal officer as defined herein finds that any person contracting with the state, a municipal corporation, or any commission appointed pursuant to law, for the performance of any public work fails to comply with or evades the provisions of this article, he shall present evidence of such non-com- pliance or evasion to the officer, department, board or commission having charge of such work for enforcement. [Wherein] SUBJECT TO THE PROVISIONS OF SUBDIVISION TWO OF THIS SECTION, WHEREIN such evidence indicates a non-compliance or evasion on the part of a sub-contractor, the contractor shall be responsible for such non-compliance or evasion. It shall be the duty of any officer, department, board or commission in charge of the construction of such public work contracts to enforce the provisions of this article. 2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, A CONTRACTOR SHALL BE RESPONSIBLE FOR THE NON-COMPLIANCE OR EVASION OF A SUBCONTRACTOR UNDER THIS ARTICLE ONLY IF THE EMPLOYEE OF THE SUBCONTRAC- TOR, OR THE EMPLOYEE'S COLLECTIVE BARGAINING REPRESENTATIVE, JOINTLY TRUSTEED FUND OR ANY OTHER INTERESTED PARTY HAS NOTIFIED THE CONTRACTOR OF SUCH NON-COMPLIANCE OR EVASION IN ACCORDANCE WITH THE PROVISIONS OF THIS SUBDIVISION. SUCH NOTICE SHALL BE VERIFIED, IN WRITING, AND MUST BE PROVIDED TO THE CONTRACTOR WITHIN ONE YEAR OF THE DATE OF THE LAST ALLEGED UNDERPAYMENT. 3. NOTHING CONTAINED IN THIS SECTION SHALL BE DEEMED TO RELIEVE THE OBLIGATION OF A SUBCONTRACTOR TO PAY, AS AN EMPLOYER, THE WAGES AND SUPPLEMENTS, INCLUDING ANY INTEREST OR PENALTIES, REQUIRED TO BE PAID PURSUANT TO THIS ARTICLE. IN THE EVENT A CONTRACTOR UNDER THIS SECTION EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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