LBD13100-01-9
A. 8083 2
chapter are applicable. "BUILDING SERVICE EMPLOYEE" OR "EMPLOYEE" ALSO
DOES NOT INCLUDE ANY EMPLOYEE DIRECTLY OR INDIRECTLY PERFORMING WORK FOR
OR ON BEHALF OF A BUSINESS IMPROVEMENT DISTRICT UNLESS SUCH WORK WOULD
HAVE BEEN SUBJECT TO THE REQUIREMENTS OF THIS ARTICLE PRIOR TO THE
EFFECTIVE DATE OF A CHAPTER OF THE LAWS OF TWO THOUSAND NINETEEN THAT
AMENDED THIS SUBDIVISION. THE PRECEDING SENTENCE SHALL NOT BE CONSTRUED
TO AFFECT ANY DETERMINATION HEREAFTER BY THE FISCAL OFFICER OR A COURT
OF COMPETENT JURISDICTION AS TO THE APPLICABILITY OR INAPPLICABILITY TO
SUCH WORK OF SUCH REQUIREMENTS.
2. "Building service work" or "service work" means work performed by a
building service employee, but does not include work performed for a
contractor under a contract for the furnishing of services by radio,
telephone, telegraph or cable companies[; and any contract for public
utility services, including electric light and power, water, steam and
gas].
3. "Public agency" means the state, any of its political subdivisions,
a public benefit corporation, a public authority or commission or
special purpose district board appointed pursuant to law, and a board of
education.
4. "Contractor" means any employer who employs employees to perform
building service work under a contract with a public agency and shall
include any of the contractor's subcontractors.
5. "Wage" includes: (a) basic hourly cash rate of pay; and (b) supple-
ments. The term "supplements" means fringe benefits including medical or
hospital care, pensions on retirement or death, compensation for inju-
ries or illness resulting from occupational activity, or insurance to
provide any of the foregoing, unemployment benefits, life insurance,
disability and sickness insurance, accident insurance, vacation and
holiday pay, costs of apprenticeship or other similar programs and other
bona fide fringe benefits not otherwise required by federal, state or
local law to be provided by the contractor or subcontractor, COVERED
UTILITY OR COVERED EMPLOYER.
6. "Prevailing wage" means the wage determined by the fiscal officer
to be prevailing for the various classes of building service employees
in the locality. In no event shall the basic hourly cash rate of pay be
less than the statutory minimum wage established by article nineteen of
this chapter, or, in a city with a local law requiring a higher minimum
wage on city contract work, less than the minimum wage specified in such
local law.
7. "Locality" means the state, a town, city, village or other civil
division or area of the state as determined by the fiscal officer. The
fiscal officer may fix a different geographic area in determining the
locality for the prevailing basic hourly cash rate of pay and the local-
ity for prevailing supplements.
8. "Fiscal officer" means the industrial commissioner, except for
building service work performed by or on behalf of a city, OR WHERE THE
COVERED UTILITY LOCATION IS LOCATED WITHIN A CITY WITH A POPULATION OF
ONE MILLION OR MORE in which case "fiscal officer" means the comptroller
or other analogous officer of such city.
9. "Fossil fuel" shall mean coal, petroleum products and fuel gases.
"Coal" shall include bituminous coal, anthracite coal and lignite. "Fuel
gases" shall include but not be limited to methane, natural gas, lique-
fied natural gas and manufactured fuel gases. "Petroleum products" shall
include all products refined or rerefined from synthetic or crude oil or
oil extracted from other sources, including natural gas liquids.
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Provided that nothing in this subdivision shall affect the exclusion for
public utility services set forth in subdivision two of this section.
10. "Substantially-owned affiliated entity" shall mean the parent
company of the contractor, COVERED UTILITY, or subcontractor, any
subsidiary of the contractor, COVERED UTILITY, COVERED EMPLOYER, or
subcontractor, or any entity in which the parent of the contractor,
COVERED UTILITY, COVERED EMPLOYER, or subcontractor owns more than fifty
percent of the voting stock, or an entity in which one or more of the
top five shareholders of the contractor, COVERED UTILITY, COVERED
EMPLOYER, or subcontractor individually or collectively also owns a
controlling share of the voting stock, or an entity which exhibits any
other indicia of control over the contractor, COVERED UTILITY, COVERED
EMPLOYER, or subcontractor or over which the contractor, COVERED UTILI-
TY, COVERED EMPLOYER, or subcontractor exhibits control, regardless of
whether or not the controlling party or parties have any identifiable or
documented ownership interest. Such indicia shall include: power or
responsibility over employment decisions, access to and/or use of the
relevant entity's assets or equipment, power or responsibility over
contracts of the entity, responsibility for maintenance or submission of
certified payroll records, and influence over the business decisions of
the relevant entity.
11. "Entity" shall mean a partnership, association, joint venture,
company, sole proprietorship, corporation or any other form of doing
business.
12. "Parent company" shall mean an entity that directly controls the
contractor, COVERED UTILITY, or subcontractor.
13. "Subsidiary" shall mean an entity that is controlled directly, or
indirectly through one or more intermediaries, by a contractor or
subcontractor, COVERED UTILITY, or the contractor's parent company.
14. "Successor" shall mean an entity engaged in work substantially
similar to that of the predecessor, where there is substantial continui-
ty of operation with that of the predecessor.
15. "COVERED UTILITY" SHALL MEAN ANY ENTITY OTHER THAN A MUNICIPAL
CORPORATION THAT DISTRIBUTES ELECTRIC LIGHT OR POWER, OR GAS OR STEAM
SERVICES AT RETAIL RATES REGULATED BY THE PUBLIC SERVICE COMMISSION
PURSUANT TO A FRANCHISE GRANTED UNDER THE PROVISIONS OF SECTION SIXTY-
EIGHT OR EIGHTY-ONE OF THE PUBLIC SERVICE LAW, AND ANY SUBSTANTIALLY-
OWNED AFFILIATED ENTITY OF SUCH COVERED UTILITY.
16. "COVERED UTILITY LOCATION" SHALL MEAN ANY REAL PROPERTY, INCLUDING
FACILITIES USED IN THE GENERATION, STORAGE, TRANSMISSION, DISTRIBUTION
OR SALE OF GAS, ELECTRICITY, STEAM, OWNED OR LEASED BY A COVERED UTILITY
PROVIDED THAT WHERE SUCH COVERED UTILITY LOCATION IS AN OFFICE SPACE,
SUCH OFFICE SPACE SHALL BE A COVERED UTILITY LOCATION ONLY IF IT IS
LARGER THAN ONE HUNDRED THOUSAND SQUARE FEET; AND FURTHER PROVIDED THAT
IF SUCH OFFICE SPACE IS LEASED, SUCH OFFICE SPACE SHALL BE A COVERED
UTILITY LOCATION ONLY IF THROUGH A SINGLE AGREEMENT OR MULTIPLE AGREE-
MENTS NO LESS THAN FIFTY-ONE PERCENT OF THE TOTAL SQUARE FOOTAGE OF THE
OFFICE SPACE IS LEASED BY THE COVERED UTILITY.
17. "COVERED EMPLOYER" SHALL MEAN ANY ENTITY, OTHER THAN A COVERED
UTILITY THAT EMPLOYS BUILDING SERVICE EMPLOYEES AT A COVERED UTILITY
LOCATION.
§ 2. Subdivisions 1, 2, 3 and 6 of section 231 of the labor law, as
added by chapter 777 of the laws of 1971, are amended and a new subdivi-
sion 8 is added to read as follows:
1. Every contractor shall pay a service employee under a contract for
building service work a wage of not less than the prevailing wage in the
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locality for the craft, trade or occupation of the service employee.
COVERED UTILITIES SHALL ENSURE THAT ALL BUILDING SERVICE EMPLOYEES
PERFORMING BUILDING SERVICE WORK AT A COVERED UTILITY LOCATION REGARD-
LESS OF THE EMPLOYING ENTITY ARE PAID NO LESS THAN THE PREVAILING WAGE.
2. The obligation of a contractor OR COVERED UTILITY to pay prevailing
supplements may be discharged by furnishing any equivalent combinations
of fringe benefits or by making equivalent or differential payments in
cash under rules and regulations established by the fiscal officer.
3. Each contract for building service work shall contain as part of
the specifications thereof a schedule of the wages required to be paid
to the various classes of service employees on such work, and each such
contract shall further contain a provision obligating the contractor to
pay each employee on such work not less than the wage specified for his
craft, trade or occupation in such schedule. ANY LEASE, CONTRACT FOR
MANAGEMENT SERVICES OR ANY OTHER CONTRACT PERTAINING TO THE PROVISION OF
BUILDING SERVICES AT A COVERED UTILITY LOCATION ENTERED INTO BY A
COVERED UTILITY SHALL CONTAIN THE FOLLOWING PROVISION: "ALL BUILDING
SERVICE EMPLOYEES SHALL BE PAID NO LESS THAN THE PREVAILING WAGE AS
PROVIDED BY THE FISCAL OFFICER AS DESCRIBED IN SECTION TWO HUNDRED THIR-
TY-FOUR OF THE LABOR LAW. ANY COVERED EMPLOYER AS DEFINED IN SECTION TWO
HUNDRED THIRTY OF THE LABOR LAW SHALL MAINTAIN ALL RECORDS RELATING TO
THE EMPLOYMENT OF BUILDING SERVICE WORKERS AS DESCRIBED IN SECTION TWO
HUNDRED AND THIRTY-THREE OF THE LABOR LAW WHICH ARE TO BE PROVIDED TO
THE COVERED UTILITY. THIS REQUIREMENT SHALL APPLY TO ANY COVERED UTILITY
LOCATION AS PROVIDED BY ARTICLE NINE OF THE LABOR LAW."
6. No later than the first day upon which work on said contract is
performed by any employee, OR WITHIN SIXTY DAYS OF THE EFFECTIVE DATE OF
A CHAPTER OF THE LAWS OF TWO THOUSAND NINETEEN THAT AMENDED THIS SUBDI-
VISION the contractor OR COVERED UTILITY shall post in a prominent and
accessible place on the site of the work a legible statement of the
wages to be paid to the workmen employed thereon.
8. THIS SECTION SHALL NOT PREEMPT ANY PUBLIC AGENCY FROM ESTABLISHING
HIGHER MINIMUM WAGES FOR EMPLOYEES PERFORMING BUILDING SERVICE WORK AT
COVERED UTILITIES. NOR SHALL ANY COVERED UTILITY BE PREEMPTED FROM
PAYING HIGHER THAN THE PREVAILING WAGE.
§ 3. Section 232 of the labor law, as added by chapter 777 of the laws
of 1971, is amended to read as follows:
§ 232. Overtime. An employee, employed AT A COVERED UTILITY LOCATION
OR by a contractor, who works more than eight hours in any one day or
more than forty hours in any workweek shall be paid wages for such over-
time at a rate not less than one-and-one-half times his prevailing basic
cash hourly rate.
§ 4. Section 233 of the labor law, as added by chapter 777 of the laws
of 1971, is amended to read as follows:
§ 233. Record keeping. 1. In all cases where service work is being
performed pursuant to a contract therefor OR AT A COVERED UTILITY
LOCATION, the contractor OR COVERED UTILITY shall keep original payrolls
or transcripts thereof, subscribed and confirmed by him as true, under
penalties of perjury, showing the hours and days worked by each employ-
ee, the craft, trade or occupation at which he was employed, and the
wages paid. A COVERED UTILITY MAY SATISFY THIS REQUIREMENT BY OBTAINING
COPIES OF EMPLOYMENT RECORDS FROM A COVERED EMPLOYER.
2. Where the wages paid include sums which are not paid directly to
the workmen weekly and which are expended for supplements, the records
required to be maintained shall include a record of such hourly payment
on behalf of such employees, the supplement for which such payment has
A. 8083 5
been made, and the name and address of the person to whom such payment
has been made. In all such cases, the contractor OR COVERED UTILITY
shall keep a true and inscribed copy of the agreement under which such
payments are made, a record of all net payments made thereunder, and a
list of all persons for whom such payments are made.
3. The records required to be maintained shall be kept on the site of
the work during all of the time that work under the contract is being
performed OR FOR THREE YEARS AFTER COMPLETION FOR A COVERED UTILITY.
4. All records required to be maintained shall be preserved for a
period of three years after the completion of work.
5. A COVERED UTILITY SHALL INCLUDE A REQUIREMENT IN ALL LEASES AND
CONTRACTS PERTAINING TO THE PROVISION OF BUILDING SERVICES THAT ANY
COVERED EMPLOYER SHALL COMPLY WITH THE RECORDKEEPING REQUIREMENTS OF
THIS SECTION. THE COVERED UTILITY SHALL OBTAIN SUCH RECORDS FROM ANY
COVERED EMPLOYER AND PRESERVE SUCH RECORDS FOR A PERIOD OF THREE YEARS
AFTER THE COMPLETION OF THE EMPLOYEE'S WORK.
6. FAILURE TO MAINTAIN SUCH RECORDS AS REQUIRED BY THIS SECTION SHALL
CREATE A REBUTTABLE PRESUMPTION THAT THE BUILDING SERVICE EMPLOYEES WERE
NOT PAID THE WAGES REQUIRED UNDER THIS ARTICLE.
7. THE REQUIREMENTS OF THIS ARTICLE SHALL APPLY TO COVERED UTILITIES
SO LONG AS THEY RETAIN THEIR STATUS AS COVERED UTILITIES.
§ 5. Paragraph (f) of subdivision 1 of section 234 of the labor law,
as added by chapter 777 of the laws of 1971, is amended to read as
follows:
(f) to require a contractor OR COVERED UTILITY to file with the fiscal
officer a record of the wages actually paid by such contractor OR
COVERED UTILITY to the employees and of their hours of work;
§ 6. Subdivisions 1 and 5, the opening paragraph of subdivision 6, and
subdivisions 8 and 9 of section 235 of the labor law, subdivision 1 as
added by chapter 777 of the laws of 1971, subdivision 5 as amended and
subdivisions 8 and 9 as added by chapter 547 of the laws of 1998, para-
graph c of subdivision 5 as further amended by section 104 of part A of
chapter 62 of the laws of 2011, and the opening paragraph of subdivision
6 as amended by chapter 491 of the laws of 1999, are amended to read as
follows:
1. Whenever the fiscal officer has reason to believe that A SERVICE
EMPLOYEE AT A COVERED UTILITY LOCATION HAS BEEN PAID LESS THAN THE
APPLICABLE PREVAILING WAGE OR THAT a service employee has been paid less
than the wages stipulated in the contract, or if such contract has no
wage schedule attached thereto and the fiscal officer has reason to
believe that a service employee has been paid less than the wages
prevailing for his craft, trade or occupation, the fiscal officer may,
and upon receipt of a written complaint from an employee employed there-
on, shall conduct a special investigation to determine the facts relat-
ing thereto.
5. a. The investigation and hearing shall be expeditiously conducted
and upon the completion thereof the fiscal officer shall determine the
issues raised and shall make and file an order in his office stating
such determination and forthwith serve personally or by mail a copy of
such order and determination together with a notice of filing upon all
parties to the proceeding and upon the financial officer of the public
agency involved.
b. In addition to directing payment of wages found to be due, such
order of the fiscal officer may direct payment of a further sum as a
civil penalty in an amount not exceeding twenty-five percent of the
total amount found to be due. In assessing the amount of the penalty,
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due consideration shall be given to the size of the employer's business,
the good faith of the employer, the gravity of the violation, the histo-
ry of previous violations of the employer, successor or substantially-
owned affiliated entity or any successor of the contractor, COVERED
UTILITY, COVERED EMPLOYER, or subcontractor, any officer of the contrac-
tor, COVERED UTILITY, COVERED EMPLOYER, or subcontractor who knowingly
participated in the violation of this article, and any of the partners
if the contractor, COVERED UTILITY, COVERED EMPLOYER, or subcontractor
is a partnership or any of the five largest shareholders of the contrac-
tor, COVERED UTILITY, COVERED EMPLOYER, or subcontractor, as determined
by the fiscal officer, of such underpayment of wages or supplements, and
any officer of the contractor, COVERED UTILITY, COVERED EMPLOYER, or
subcontractor who knowingly participated in the violation of this arti-
cle, and the failure to comply with recordkeeping or other non-wage
requirements. Where the fiscal officer is the commissioner, the penalty
shall be paid to the commissioner for deposit in the state treasury.
Where the fiscal officer is a city comptroller or other analogous offi-
cer, the penalty shall be paid to said officer for deposit in the city
treasury.
c. If the order directs the payment to specified employees of wages
found to be due and unpaid, including interest at a rate not less than
six per centum per year and not more than the rate of interest then in
effect as prescribed by the superintendent of financial services pursu-
ant to section fourteen-a of the banking law per annum from the time
such wages should have been paid, the financial officer of such public
agency shall, upon the service to him of such order, pay to such employ-
ees from the trust money withheld the amounts specified in such order
and shall pay the civil penalty as provided herein, provided no review
proceeding pursuant to the provisions of article seventy-eight of the
civil practice law and rules is commenced within thirty days of the date
said order was filed in the office of the fiscal officer. If such review
is timely commenced, the money withheld shall remain in trust pending
final disposition of the review proceeding. In determining the rate of
interest to be imposed the fiscal officer shall consider the size of the
employer's business, the good faith of the employer, the gravity of the
violation, the history of previous violations of the employer, successor
or substantially-owned affiliated entity or any successor of the
contractor, COVERED UTILITY, COVERED EMPLOYER, or subcontractor, any
officer of the contractor, COVERED UTILITY, COVERED EMPLOYER, or subcon-
tractor who knowingly participated in the violation of this article, and
any of the partners if the contractor, COVERED UTILITY, COVERED EMPLOY-
ER, or subcontractor is a partnership or any of the five largest share-
holders of the contractor, COVERED UTILITY, COVERED EMPLOYER, or subcon-
tractor, as determined by the fiscal officer, and the failure to comply
with recordkeeping or other non-wage requirements.
When a final determination has been made and such determination is in
favor of an employee, such employee may, in addition to any other remedy
provided by this article, institute an action in any court of appropri-
ate jurisdiction against the person or corporation found to have
violated this article, any substantially-owned affiliated entity or any
successor of the contractor, COVERED UTILITY, COVERED EMPLOYER, or
subcontractor, any officer of the contractor, COVERED UTILITY, COVERED
EMPLOYER, or subcontractor who knowingly participated in the violation
of this article, and any of the partners if the contractor, COVERED
UTILITY, COVERED EMPLOYER, or subcontractor is a partnership or any of
the five largest shareholders of the contractor, COVERED UTILITY,
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COVERED EMPLOYER, or subcontractor, as determined by the fiscal officer,
for the recovery of the difference between the sum, if any, actually
paid to him by the aforesaid financial officer pursuant to said order
and the amount found to be due him as determined by said order. Such
action must be commenced within three years from the date of the filing
of said order, or if the said order is reviewed in a proceeding pursuant
to article seventy-eight of the civil practice law and rules, within
three years after the termination of such review proceeding.
8. a. When a final determination has been made in favor of a complain-
ant and the contractor, COVERED UTILITY, COVERED EMPLOYER, or subcon-
tractor found violating this article has failed to make payment as
required by the order of the fiscal officer, and provided that no rele-
vant proceeding for judicial review shall then be pending and the time
for initiation of such proceeding shall have expired, the fiscal officer
may file a copy of the order of the fiscal officer containing the amount
found to be due with the county clerk of the county of residence or
place of business of any of the following:
(i) any substantially-owned affiliated entity or any successor of the
contractor, COVERED UTILITY, COVERED EMPLOYER, or subcontractor;
(ii) any of the partners if the contractor, COVERED UTILITY, COVERED
EMPLOYER, or subcontractor is a partnership or any of the five largest
shareholders of the contractor or subcontractor, as determined by the
fiscal officer; or
(iii) any officer of the contractor, COVERED UTILITY, COVERED EMPLOY-
ER, or subcontractor who knowingly participated in the violation of this
article; provided, however, that the fiscal officer shall within five
days of the filing of the order provide notice thereof to the partner or
top five shareholder or successor or substantially-owned affiliated
entity. The notified party may contest the filing on the basis that it
is not a partner or five largest shareholders, an officer of the
contractor, COVERED UTILITY, COVERED EMPLOYER, or subcontractor who
knowingly participated in the violation of this article, successor or
substantially-owned affiliated entity. If, after reviewing the informa-
tion provided by the notified party in support of such contest, the
fiscal officer determines that the notified party is not within the
definitions described herein, the fiscal officer shall immediately with-
draw his filing of the order.
b. The filing of such order shall have the full force and effect of a
judgment duly docketed in the office of such clerk. The order may be
enforced by and in the name of the fiscal officer in the same manner,
and with like effect, as that prescribed by the civil practice law and
rules for the enforcement of a money judgment.
9. When a final determination has been made against a subcontractor OR
COVERED EMPLOYER in favor of a complainant and the contractor OR COVERED
UTILITY has made payment to the complainant of any wages and interest
due the complainant and any civil penalty, and providing that no rele-
vant proceeding for judicial review shall then be pending and the time
for initiation of such proceeding shall have expired, the contractor OR
COVERED UTILITY may file a copy of the order of the fiscal officer
containing the amount found to be due with the county clerk of the coun-
ty of residence or place of business of the subcontractor OR COVERED
EMPLOYER. The filing of such order shall have the full force and effect
of a judgment duly docketed in the office of such clerk. The judgment
may be docketed in favor of the contractor OR COVERED UTILITY who may
proceed as a judgment creditor against the subcontractor OR COVERED
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EMPLOYER for the recovery of all monies paid by the contractor OR
COVERED UTILITY under such order.
§ 7. Section 237 of the labor law is amended by adding a new subdivi-
sion 5 to read as follows:
5. A COVERED UTILITY SHALL ANNUALLY PROVIDE THE FISCAL OFFICER A VERI-
FIED STATEMENT THAT ALL BUILDING SERVICE EMPLOYEES AT ANY COVERED UTILI-
TY LOCATION HAVE BEEN PAID THE PREVAILING WAGE. SUCH VERIFIED STATEMENT
SHALL INCLUDE A RECORD OF THE DAYS AND HOURS WORKED AND THE WAGES PAID
TO EACH BUILDING SERVICE EMPLOYEE EMPLOYED AT A COVERED UTILITY
LOCATION. WHERE THE WAGES PAID INCLUDE SUCH SUMS WHICH ARE NOT PAID
DIRECTLY TO THE WORKMEN WEEKLY AND WHICH ARE EXPENDED FOR SUPPLEMENTS,
THE STATEMENT SHALL INCLUDE A RECORD OF SUCH HOURLY PAYMENTS ON BEHALF
OF SUCH EMPLOYEES, THE SUPPLEMENT FOR WHICH SUCH PAYMENT HAS BEEN MADE,
AND THE NAME AND ADDRESS OF THE PERSON TO WHOM THE PAYMENT HAS BEEN
MADE. SUCH STATEMENT SHALL BE VERIFIED BY THE OATH OF THE CHIEF EXECU-
TIVE OR CHIEF FINANCIAL OFFICER OF THE COVERED UTILITY OR THE DESIGNEE
OF ANY SUCH PERSON THAT HE OR SHE HAS READ SUCH STATEMENTS SUBSCRIBED BY
HIM OR HER AND KNOWS THE CONTENTS THEREOF, AND THAT THE SAME IS TRUE OF
HIS OR HER OWN KNOWLEDGE, EXCEPT TO WAGES AND SUPPLEMENTS OWING BY
CONTRACT WHICH MAY BE CERTIFIED UPON INFORMATION AND BELIEF. A VIOLATION
OF ANY PROVISION OF THE STATEMENT, OR FAILURE TO PROVIDE SUCH STATEMENT,
SHALL CONSTITUTE A VIOLATION OF THIS ARTICLE. THE FISCAL OFFICER MAY
INSPECT THE RECORDS MAINTAINED PURSUANT TO SECTION TWO HUNDRED THIRTY-
THREE OF THIS ARTICLE TO VERIFY THESE STATEMENTS.
§ 8. Section 238 of the labor law, as added by chapter 777 of the laws
of 1971, is amended to read as follows:
§ 238. Penalties. 1. Any contractor, COVERED UTILITY 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 perju-
ry and punishable as provided by the penal law.
2. When a contract for service work contains as part thereof a sched-
ule 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 OR ANY COVERED UTILITY OR COVERED EMPLOYER WHO FAILS TO
PAY THE PREVAILING WAGE 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 FOR CONTRACTORS 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, COVERED UTILITY,
COVERED EMPLOYER, 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.
§ 9. The opening paragraph of section 239 of the labor law, as added
by chapter 777 of the laws of 1971, is amended to read as follows:
Provisions in contracts prohibiting discrimination on account of race,
creed, color, national origin, age or sex. Every contract for service
work shall contain provisions by which the contractor agrees AND IN
WHICH ALL COVERED UTILITIES SHALL ENSURE:
A. 8083 9
§ 10. This act shall take effect on the one hundred twentieth day
after it shall have become a law. Effective immediately, the addition,
amendment and/or repeal of any rule or regulation necessary for the
implementation of this act on its effective date are authorized to be
made and completed on or before such effective date.