NY State Senate Bill 2017-S6075

Senate Bill S6075

2017-2018 Legislative Session

Relates to banning individuals who have violated wage theft laws from bidding on public works projects

download bill text pdf

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

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to labor
May 11, 2017	referred to labor

2017-S6075 (ACTIVE) - Details

See Assembly Version of this Bill:: A5497
Current Committee:: Senate Labor
Law Section:: Labor Law
Laws Affected:: Add §224-a, Lab L
Versions Introduced in Other Legislative Sessions:: 2019-2020: A2505
2021-2022: A1992
2023-2024: A7781

2017-S6075 (ACTIVE) - Summary

Relates to banning individuals who have violated wage theft laws from bidding on public works projects.

2017-S6075 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S6075

 TITLE OF BILL :  An act to amend the labor law, in relation to
banning individuals who have violated wage theft laws from bidding on
public works projects

 PURPOSE :

To ban individuals who have previously violated wage theft laws from
being able to bid on public works projects

 SUMMARY OF PROVISIONS :

Before the awarding of a contract for any public works project, an
individual, the LLC, LLP, Corporation, Partnership, or any other legal
entity bidding on such public works project must reveal to the
Commissioner for review the full names of all
members/managers/individuals/stockholders, of such LLC, LLP,
Corporation, Partnership, or any other legal entity or person bidding
on such project.

A public works contract shall not be awarded to any person, LLC, LLP,
Corporation, Partnership, or any other legal entity, who has any
members/managers/stock-holders who have interest in such legal entity,
who has previously been found guilty and/or debarred for wage theft.

At no time after the awarding of a public works project, shall a
person, LLC, LLP, Corporation, Partnership, or any other legal entity
authorize an individual as manager/member/stock holder who has ever
been debarred and/or found guilty of wage theft to hold any interest
in such legal entity. The violation of this provision shall result in
the immediate termination of the contract.

Any individual who knowingly or intentionally commits wage theft shall
permanently be barred from bidding themselves, or being a part,
member, manager, and/or stock-holder of any LLC, UP, Corporation,
Partnership, or any other legal entity, that bids on or is awarded any
public works project.

 JUSTIFICATION :

To combat the rise of wage theft, stricter laws are required.
Currently, various legal entities (who are awarded public works
projects) exist (and because of how they are set up) make it difficult
to determine the actual members of such legal entities.  When a wage
theft violation occurs by these legal entities, many of the
individuals who make up these entities are not held accountable
because they are unknown.

Because they are unknown, it is possible many members continuously
commit wage theft violations on current and future projects. This bill
would force legal entities bidding on public works projects to reveal
all their members to the commissioner. This would allow the
commissioner to determine if these legal entities have any individuals
who have committed wage theft and/or have been debarred.  This bill
would also ban any individual who has ever knowingly or intentionally
ever committed a wage theft violation and/or is debarred from being
able to bid or be granted a public works project, either individually
or as part of any legal entity. This bill would also prevent any legal
entity (attempting to obtain a public works project) who hires or who
has as a manager, share-holder, member of such legal entity, any
individual who has committed a wage theft violation and/or is debarred
from bidding and/or being granted a public works project.

 LEGISLATIVE HISTORY :

New bill.

 FISCAL IMPACT :

To be determined.

 EFFECTIVE DATE :
This act shall take effect immediately.

2017-S6075 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6075
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               May 11, 2017
                                ___________
 
 Introduced by Sen. ALCANTARA -- 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 banning individuals who
   have violated wage theft laws from bidding on public works projects
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The labor law is amended by adding a new section 224-a to
 read as follows:
   § 224-A. PROHIBITION AGAINST AWARDING PUBLIC WORKS  PROJECT  CONTRACTS
 DUE  TO  WAGE  THEFT.  1.  FOR THE PURPOSE OF THIS SECTION, "WAGE THEFT"
 SHALL MEAN THE DENIAL OF WAGES OR EMPLOYEE BENEFITS THAT ARE  RIGHTFULLY
 OWED TO AN EMPLOYEE.
   2.  BEFORE THE AWARDING OF A CONTRACT FOR ANY PUBLIC WORKS PROJECT, AN
 INDIVIDUAL; LIMITED LIABILITY COMPANY;  LIMITED  LIABILITY  PARTNERSHIP;
 CORPORATION;  PARTNERSHIP  OR  ANY  OTHER  LEGAL  ENTITY BIDDING ON SUCH
 PUBLIC WORKS PROJECT MUST REVEAL TO THE COMMISSIONER FOR REVIEW THE FULL
 NAMES OF ALL MEMBERS; MANAGERS; INDIVIDUALS; AND/OR STOCKHOLDERS OF SUCH
 LIMITED LIABILITY COMPANY; LIMITED LIABILITY  PARTNERSHIP;  CORPORATION;
 PARTNERSHIP OR ANY OTHER LEGAL ENTITY OR PERSON BIDDING ON SUCH PROJECT.
   3. A PUBLIC WORKS CONTRACT SHALL NOT BE AWARDED TO ANY PERSON; LIMITED
 LIABILITY  COMPANY; LIMITED LIABILITY PARTNERSHIP; CORPORATION; PARTNER-
 SHIP OR ANY OTHER LEGAL ENTITY, WHO HAS ANY  MEMBERS;  MANAGERS;  AND/OR
 STOCKHOLDERS  WHO HAVE INTEREST IN SUCH LEGAL ENTITY, WHO HAS PREVIOUSLY
 BEEN FOUND GUILTY AND/OR DEBARRED FOR WAGE THEFT.
   4. AT NO TIME AFTER THE AWARDING OF A PUBLIC WORKS  PROJECT,  SHALL  A
 PERSON; LIMITED LIABILITY COMPANY; LIMITED LIABILITY PARTNERSHIP; CORPO-
 RATION; PARTNERSHIP OR ANY OTHER LEGAL ENTITY AUTHORIZE AN INDIVIDUAL AS
 MANAGER;  MEMBER  AND/OR  STOCKHOLDER  WHO HAS EVER BEEN DEBARRED AND/OR
 FOUND GUILTY OF WAGE THEFT TO HOLD ANY INTEREST IN  SUCH  LEGAL  ENTITY.
 THE  VIOLATION  OF THIS SUBDIVISION SHALL RESULT IN THE IMMEDIATE TERMI-
 NATION OF THE CONTRACT.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD09315-02-7

 S. 6075                             2
 
   5. ANY INDIVIDUAL PERSON WHO KNOWINGLY OR INTENTIONALLY  COMMITS  WAGE
 THEFT,  SHALL  PERMANENTLY BE BARRED FROM BIDDING THEMSELVES, OR BEING A
 PART; MEMBER; MANAGER;  AND/OR  STOCKHOLDER  OF  ANY  LIMITED  LIABILITY
 COMPANY,  LIMITED LIABILITY PARTNERSHIP, CORPORATION, PARTNERSHIP OR ANY
 OTHER LEGAL ENTITY THAT BIDS ON OR IS AWARDED ANY PUBLIC WORKS PROJECT.
   § 2.  This act shall take effect immediately.

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