S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5679--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               May 10, 2019
                                ___________
 
 Introduced  by  Sens. SAVINO, SKOUFIS -- read twice and ordered printed,
   and when printed to be committed to the Committee on Labor --  commit-
   tee  discharged, bill amended, ordered reprinted as amended and recom-
   mitted to said committee
 
 AN ACT to amend the labor law, in  relation  to  additional  information
   provided to employees on public work contracts
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (e) of subdivision 3 of section 220 of the  labor
 law,  as amended by chapter 7 of the laws of 2008, is amended to read as
 follows:
   (e) The commissioner shall ensure that all supplements due under  this
 article  shall  be  paid to or on behalf of an employee. (I) The commis-
 sioner shall require proof that the pension plan for which  any  supple-
 ment has been paid is qualified as a bona fide plan by the United States
 internal  revenue service. Acceptable proof shall be shown by submission
 of a determination letter issued by the United States  internal  revenue
 service.  (II)  THE  COMMISSIONER  SHALL  ALSO REQUIRE ANY CONTRACTOR OR
 SUBCONTRACTOR WHO PROVIDES ANY SUPPLEMENT WHICH IS PART OF A FUND,  PLAN
 OR  PROGRAM  TO FURNISH TO THE COMMISSIONER PROOF THAT THE SUPPLEMENT IS
 PROVIDED THROUGH A FUND, PLAN OR PROGRAM AND THE AMOUNT  CONTRIBUTED  ON
 THE EMPLOYEES' BEHALF TO SUCH FUND, PLAN OR PROGRAM.
   § 2. Subparagraphs (ii) and (iii) of paragraph a of subdivision 3-a of
 section 220 of the labor law, subparagraph (ii) as separately amended by
 chapters  7 and 63 of the laws of 2008 and subparagraph (iii) as amended
 by chapter 8 of the laws of 2008, are amended to read as follows:
   (ii) The contractor and every sub-contractor on public works contracts
 shall post in a prominent and accessible place on  the  site  where  the
 work  is performed a legible statement of all wage rates and supplements
 as specified in the contract to be paid or provided, as the case may be,
 for the various classes of mechanics, workers, or laborers  employed  on
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD06045-05-9

 S. 5679--A                          2
 
 the  work.  Such  posted statement shall be written in plain English and
 titled, in lettering no smaller than two inches in height and two inches
 in width, with the phrase "Prevailing Rate of Wages". Such posted state-
 ment  shall  be constructed of materials capable of withstanding adverse
 weather conditions. The contractor and every sub-contractor shall notify
 all laborers, workers or mechanics in their employ  in  writing  of  the
 prevailing rate of wage AND SUPPLEMENTS for their particular job classi-
 fication.  Such  notification shall be given to every laborer, worker or
 mechanic UPON HIRE, on their first pay stub  and  with  every  pay  stub
 thereafter,  AND  SHALL  SET  FORTH  THE  AMOUNTS PAID PER HOUR FOR EACH
 SUPPLEMENT PROVIDED FOR HIS OR  HER  PARTICULAR  JOB  CLASSIFICATION  IN
 ACCORDANCE  WITH  THE  SCHEDULES DETERMINED BY THE FISCAL OFFICER.  SUCH
 NOTIFICATION SHALL BE PROVIDED IN ENGLISH AND IN THE LANGUAGE IDENTIFIED
 BY SUCH LABORER, WORKER, OR MECHANIC AS HIS OR HER PRIMARY LANGUAGE.  At
 the beginning of performance of every public works  contract,  and  with
 the  first  paycheck  after  July first of each year, the contractor and
 every sub-contractor shall notify all laborers, workers,  and  mechanics
 in their employ in writing, IN ENGLISH AND IN THE LANGUAGE IDENTIFIED BY
 EACH  LABORER,  WORKER,  AND MECHANIC AS HIS OR HER PRIMARY LANGUAGE, in
 accordance with such form as is prescribed by the fiscal officer, of the
 telephone number and address for the fiscal officer.  The  notice  shall
 also  inform  each  laborer,  worker, or mechanic of his or her right to
 contact the fiscal officer or some other representative if, at any  time
 while  working  for the public works contractor or sub-contractor, he or
 she does not receive the proper prevailing rate of wages or  supplements
 for  his or her particular job classification that he or she is entitled
 to receive under the contract. If after investigation the fiscal officer
 finds that a contractor or sub-contractor has  (1)  failed  to  post  OR
 PROVIDE  any  notice  required  under this subdivision, INCLUDING HAVING
 FAILED TO PROVIDE ANY SUCH NOTICE IN  THE  LANGUAGE  IDENTIFIED  BY  ANY
 LABORER,  WORKER, OR MECHANIC AS HIS OR HER PRIMARY LANGUAGE, (2) failed
 to set forth the prevailing wage OR THE BREAKDOWN OF SUPPLEMENTS on  the
 pay stub, (3) [wilfully] WILLFULLY posted the incorrect prevailing wage,
 or  (4)  [wilfully] WILLFULLY set forth the incorrect prevailing wage OR
 THE AMOUNTS PAID PER HOUR FOR EACH  SUPPLEMENT  on  the  pay  stub,  the
 fiscal  officer[,]  shall, by an order which shall describe particularly
 the nature of the alleged violation, assess the contractor  or  sub-con-
 tractor  a  civil  penalty of not more than fifty dollars upon the first
 finding of a violation, two hundred fifty dollars upon the second  find-
 ing  of  a  violation,  and  five  hundred  dollars  for each subsequent
 violation. In assessing the amount of the penalty,  the  fiscal  officer
 shall give due consideration to the size of the employer's business, the
 good faith of the employer, and the gravity of the violation.
   THE  FISCAL  OFFICER  SHALL  PREPARE  TEMPLATES  THAT  COMPLY WITH THE
 NOTIFICATION REQUIREMENTS OF THIS SUBPARAGRAPH. EACH SUCH TEMPLATE SHALL
 BE DUAL-LANGUAGE, INCLUDING ENGLISH AND  ONE  ADDITIONAL  LANGUAGE.  THE
 FISCAL  OFFICER  SHALL  DETERMINE,  IN  HIS  OR  HER  DISCRETION,  WHICH
 LANGUAGES TO PROVIDE IN ADDITION TO ENGLISH, BASED ON THE  SIZE  OF  THE
 NEW YORK STATE POPULATION THAT SPEAKS EACH LANGUAGE AND ANY OTHER FACTOR
 THAT THE FISCAL OFFICER SHALL DEEM RELEVANT. ALL SUCH TEMPLATES SHALL BE
 POSTED  ON THE FISCAL OFFICER'S WEBSITE AND MADE AVAILABLE FOR DOWNLOAD-
 ING BY CONTRACTORS AND SUBCONTRACTORS.  WHEN  ANY  LABORER,  WORKER,  OR
 MECHANIC  IDENTIFIES  HIS  OR HER PRIMARY LANGUAGE AND A TEMPLATE IS NOT
 MADE AVAILABLE BY THE FISCAL OFFICER IN THAT LANGUAGE, THE CONTRACTOR OR
 SUBCONTRACTOR SHALL COMPLY WITH  THIS  SUBPARAGRAPH  BY  PROVIDING  SUCH
 LABORER,  WORKER,  OR MECHANIC AN ENGLISH-LANGUAGE NOTICE OR ACKNOWLEDG-

 S. 5679--A                          3
 
 MENT. A CONTRACTOR OR SUBCONTRACTOR SHALL NOT BE PENALIZED FOR ERRORS OR
 OMISSIONS IN THE NON-ENGLISH PORTIONS OF  ANY  NOTICE  PROVIDED  BY  THE
 FISCAL  OFFICER.  THE  FISCAL  OFFICER SHALL HAVE DISCRETION TO WAIVE OR
 ALTER  THE  NOTIFICATION REQUIREMENTS OF THIS SUBPARAGRAPH FOR TEMPORARY
 HELP FIRMS AS DEFINED IN SECTION NINE HUNDRED SIXTEEN OF THIS CHAPTER.
   (iii) The contractor and  every  sub-contractor  shall  keep  original
 payrolls  or transcripts thereof, subscribed and sworn to or affirmed by
 him or her as true under the penalties of  perjury,  setting  forth  the
 names  and  addresses  and showing for each worker, laborer, or mechanic
 the hours and days worked, the occupations worked, the hourly wage rates
 paid and the supplements paid or provided. SUCH PAYROLLS OR  TRANSCRIPTS
 THEREOF  SHALL ALSO SET FORTH THE AMOUNTS PAID PER HOUR FOR EACH SUPPLE-
 MENT PROVIDED IN ACCORDANCE WITH THE SCHEDULES DETERMINED BY THE  FISCAL
 OFFICER.  Where  the  contractor  or sub-contractor maintains no regular
 place of business in New York state and where the amount of the contract
 is in excess of twenty-five thousand dollars such payrolls shall be kept
 on the site of the work.  All other contractors or sub-contractors shall
 produce within five days on the site of the work and upon  formal  order
 of  the  commissioner  or  his  or  her  designated  representative such
 original payrolls or transcripts thereof, subscribed  and  sworn  to  or
 affirmed by him or her as true under the penalties of perjury, as may be
 deemed  necessary  to adequately enforce the provisions of this article.
 Every contractor, and sub-contractor, shall submit to the department  of
 jurisdiction within thirty days after issuance of its first payroll, and
 every  thirty  days  thereafter,  a  transcript  of the original payroll
 record, as provided by this article, subscribed and sworn to or affirmed
 as true under the penalties of perjury.   EVERY CONTRACTOR  AND  SUBCON-
 TRACTOR  SHALL  SUBMIT  TO  THE COMMISSIONER, AND TO THE FISCAL OFFICER,
 WHEN THE FISCAL OFFICER IS A CITY COMPTROLLER OR OTHER  ANALOGOUS  OFFI-
 CER, WITHIN THIRTY DAYS OF ITS FIRST PAYROLL, AND ANNUALLY THEREAFTER, A
 TRANSCRIPT  OF  THE  ORIGINAL PAYROLL RECORD, SUBSCRIBED AND SWORN TO OR
 AFFIRMED AS TRUE UNDER THE PENALTIES OF PERJURY,  INCLUDING,  DOCUMENTA-
 TION  OF  EACH  FUND, PLAN, OR PROGRAM FOR WHICH ANY SUPPLEMENT HAS BEEN
 PAID OR PROVIDED. SUCH TRANSCRIPTS AND ADDITIONAL INFORMATION  SHALL  BE
 PROVIDED  ON  A  FORM  PROMULGATED  BY  THE  DEPARTMENT.  Any person who
 [wilfully] WILLFULLY fails to file such payroll records with the depart-
 ment of jurisdiction, COMMISSIONER, OR THE FISCAL OFFICER shall be guil-
 ty of a class E felony. In addition, any person who [wilfully] WILLFULLY
 fails to file such payroll records within the  time  specified  in  this
 subparagraph  shall  be subject to a civil penalty of up to one thousand
 dollars per day.
   § 3. Subdivision 6 of section 220 of the  labor  law,  as  amended  by
 chapter 230 of the laws of 1984, is amended to read as follows:
   6. The fiscal officer[,] may, and on the written request of any inter-
 ested  person  shall,  require any person or corporation performing such
 public work to file with such fiscal officer schedules  of  the  supple-
 ments  to  be provided and wages to be paid to such laborers, workmen or
 mechanics, INCLUDING INFORMATION REGARDING THE AMOUNTS TO  BE  PAID  PER
 HOUR  FOR  EACH  SUPPLEMENT PROVIDED FOR EACH PARTICULAR JOB CLASSIFICA-
 TION. THE FISCAL OFFICER MAY, AND ON THE WRITTEN REQUEST OF  ANY  INTER-
 ESTED PARTY SHALL, REQUIRE AND FURNISH PROOF OF ANY SUPPLEMENTS PROVIDED
 OR  AMOUNTS  PAID  TO OR ON BEHALF OF LABORERS, WORKERS, OR MECHANICS IN
 SATISFACTION  OF  THE  OBLIGATION  TO  PROVIDE  SUPPLEMENTS  UNDER  THIS
 SECTION. Any such person or corporation shall, within ten days after the
 receipt  of  written  notice  of  such requirement, file with the fiscal
 officer such schedules of wages and supplements. An employer may contest

 S. 5679--A                          4
 
 a determination by the fiscal officer under paragraphs a and c of subdi-
 vision five of this section. The  employer  must  allege  and  prove  by
 competent  evidence,  that the actual percentage of workers, laborers or
 mechanics is below the required thirty per centum and during the penden-
 cy  of  any such contest and until final determination thereof, the work
 in question shall proceed under the rate established by the fiscal offi-
 cer.
   § 4. This act shall take effect on the one hundred eightieth day after
 it shall have become a law and shall only apply to public work contracts
 entered into on or after such effective date.