S T A T E O F N E W Y O R K
________________________________________________________________________
7307
I N S E N A T E
January 17, 2020
___________
Introduced by Sen. SAVINO -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
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 (a) of subdivision 1 and subdivisions 3 and 4 of
section 195 of the labor law, paragraph (a) of subdivision 1 as amended
by chapter 537 of the laws of 2014, and subdivisions 3 and 4 as amended
by chapter 564 of the laws of 2010, are amended to read as follows:
(a) provide his or her employees, in writing in English and in the
language identified by each employee as the primary language of such
employee, at the time of hiring, a notice containing the following
information: the rate or rates of pay and basis thereof, whether paid by
the hour, shift, day, week, salary, piece, commission, or other; allow-
ances, if any, claimed as part of the minimum wage, including tip, meal,
or lodging allowances; PREVAILING WAGE SUPPLEMENTS, IF ANY, CLAIMED AS
PART OF ANY PREVAILING WAGE OR SIMILAR REQUIREMENT PURSUANT TO ARTICLE
EIGHT OF THIS CHAPTER; the regular pay day designated by the employer in
accordance with section one hundred ninety-one of this article; the name
of the employer; any "doing business as" names used by the employer; the
physical address of the employer's main office or principal place of
business, and a mailing address if different; the telephone number of
the employer; plus such other information as the commissioner deems
material and necessary. WHERE SUCH PREVAILING WAGE SUPPLEMENTS ARE
CLAIMED, THE NOTICE SHALL IDENTIFY, FOR EACH TYPE OF SUPPLEMENT CLAIMED:
(I) THE HOURLY RATE CLAIMED; (II) THE TYPE OF SUPPLEMENT, INCLUDING WHEN
APPLICABLE, BUT NOT LIMITED TO, PENSION OR HEALTHCARE; (III) THE NAMES
AND ADDRESSES OF THE PERSON OR ENTITY PROVIDING SUCH SUPPLEMENT; AND
(IV) THE AGREEMENT, IF ANY, REQUIRING OR PROVIDING FOR SUCH SUPPLEMENT,
TOGETHER WITH INFORMATION ON HOW COPIES OF SUCH AGREEMENTS OR SUMMARIES
THEREOF MAY BE OBTAINED. Each time the employer provides such notice to
an employee, the employer shall obtain from the employee a signed and
dated written acknowledgement, in English and in the primary language of
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06045-06-0
S. 7307 2
the employee, of receipt of this notice, which the employer shall
preserve and maintain for six years. Such acknowledgement shall include
an affirmation by the employee that the employee accurately identified
his or her primary language to the employer, and that the notice
provided by the employer to such employee pursuant to this subdivision
was in the language so identified or otherwise complied with paragraph
(c) of this subdivision, and shall conform to any additional require-
ments established by the commissioner with regard to content and form.
For all employees who are not exempt from overtime compensation as
established in the commissioner's minimum wage orders or otherwise
provided by New York state law or regulation, the notice must state the
regular hourly rate and overtime rate of pay;
3. furnish each employee with a statement with every payment of wages,
listing the following: the dates of work covered by that payment of
wages; name of employee; name of employer; address and phone number of
employer; rate or rates of pay and basis thereof, whether paid by the
hour, shift, day, week, salary, piece, commission, or other; gross
wages; deductions; allowances, if any, claimed as part of the minimum
wage; PREVAILING WAGE SUPPLEMENTS, IF ANY, CLAIMED AS PART OF ANY
PREVAILING WAGE OR SIMILAR REQUIREMENT PURSUANT TO ARTICLE EIGHT OF THIS
CHAPTER; and net wages. WHERE SUCH PREVAILING WAGE SUPPLEMENTS ARE
CLAIMED, THE STATEMENT SHALL EITHER: (I) IDENTIFY THE TYPE OF EACH
SUPPLEMENT CLAIMED AND THE HOURLY RATE FOR EACH; OR (II) BE ACCOMPANIED
BY A COPY OF THE APPLICABLE NOTICE REQUIRED UNDER SUBDIVISIONS ONE AND
TWO OF THIS SECTION. For all employees who are not exempt from overtime
compensation as established in the commissioner's minimum wage orders or
otherwise provided by New York state law or regulation, the statement
shall include the regular hourly rate or rates of pay; the overtime rate
or rates of pay; the number of regular hours worked, and the number of
overtime hours worked. For all employees paid a piece rate, the state-
ment shall include the applicable piece rate or rates of pay and number
of pieces completed at each piece rate. Upon the request of an employee,
an employer shall furnish an explanation in writing of how such wages
were computed;
4. establish, maintain and preserve for not less than six years
contemporaneous, true, and accurate payroll records showing for each
week worked the hours worked; the rate or rates of pay and basis there-
of, whether paid by the hour, shift, day, week, salary, piece, commis-
sion, or other; gross wages; deductions; allowances, if any, claimed as
part of the minimum wage; PREVAILING WAGE SUPPLEMENTS, IF ANY, CLAIMED
AS PART OF ANY PREVAILING WAGE OR SIMILAR REQUIREMENT PURSUANT TO ARTI-
CLE EIGHT OF THIS CHAPTER; and net wages for each employee. WHERE SUCH
PREVAILING WAGE SUPPLEMENTS ARE CLAIMED, THE PAYROLL RECORDS SHALL
INCLUDE COPIES OF ALL NOTICES REQUIRED BY SUBDIVISIONS ONE AND TWO OF
THIS SECTION. For all employees who are not exempt from overtime compen-
sation as established in the commissioner's minimum wage orders or
otherwise provided by New York state law or regulation, the payroll
records shall include the regular hourly rate or rates of pay, the over-
time rate or rates of pay, the number of regular hours worked, and the
number of overtime hours worked. For all employees paid a piece rate,
the payroll records shall include the applicable piece rate or rates of
pay and number of pieces completed at each piece rate;
§ 2. Paragraph (e) of subdivision 3 of section 220 of the labor law,
as amended by a chapter of the laws of 2019, amending the labor law
relating to additional information provided to employees on public work
S. 7307 3
contracts, as proposed in legislative bills numbers S. 5679-A and A.
2101-A, 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.]
§ 3. Subparagraphs (ii) and (iii) of paragraph a of subdivision 3-a of
section 220 of the labor law, as amended by a chapter of the laws of
2019, amending the labor law relating to additional information provided
to employees on public work contracts, as proposed in legislative bills
numbers S. 5679-A and A. 2101-A, 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
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] RATES of [wage] WAGES and supplements for their
particular job classification. Such notification shall be given to every
laborer, worker or mechanic upon hire, [on] WITH 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-contrac-
tor, 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] THE STATEMENT 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] SUBPARAGRAPH, (2) failed to [set forth the prevailing
wage or the breakdown of supplements on the pay stub] PROVIDE ANY
S. 7307 4
NOTIFICATION TO LABORERS, WORKERS AND MECHANICS AS REQUIRED UNDER THIS
SUBPARAGRAPH, (3) willfully posted the incorrect prevailing [wage] WAGES
AND SUPPLEMENTS, or (4) willfully set forth the incorrect prevailing
wage or [the amounts paid per hour for each] supplement [on the] WITH
EVERY pay stub, the fiscal officer shall, by an order which shall
describe particularly the nature of the alleged violation, assess the
contractor or sub-contractor a civil penalty of not more than fifty
dollars upon the first finding of a violation, two hundred fifty dollars
upon the second finding 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 employ-
er'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-
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] BE ACCOMPANIED BY A COPY OF EACH NOTICE REQUIRED UNDER SUBDIVI-
SION ONE OR TWO OF SECTION ONE HUNDRED NINETY-FIVE OF THIS CHAPTER FOR
EVERY LABORER, WORKER OR MECHANIC, WHICH SHALL BE SUBSCRIBED AND SWORN
TO OR AFFIRMED AS TRUE UNDER PENALTIES OF PERJURY AND SHALL BE DEEMED TO
BE PART OF THE ORIGINAL PAYROLLS OR TRANSCRIPTS THEREOF FOR PURPOSES OF
THIS SUBDIVISION. 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 represen-
tative such original payrolls or transcripts thereof, subscribed and
sworn to or affirmed by him or her as true under the penalties of perju-
ry, 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
S. 7307 5
original payroll record, as provided by this article, subscribed and
sworn to or affirmed as true under the penalties of perjury. [Every
contractor and subcontractor shall submit to the commissioner, and to
the fiscal officer, when the fiscal officer is a city comptroller or
other analogous officer, 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, documentation 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 willfully fails to file such payroll records
with the department of jurisdiction, commissioner, or the fiscal officer
shall be guilty of a class E felony. In addition, any person who will-
fully fails to file such payroll records within the time specified in
this subparagraph shall be subject to a civil penalty of up to one thou-
sand dollars per day.
§ 4. Subdivision 6 of section 220 of the labor law, as amended by a
chapter of the laws of 2019, amending the labor law relating to addi-
tional information provided to employees on public work contracts, as
proposed in legislative bills numbers S. 5679-A and A. 2101-A, 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
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.
§ 5. Paragraph c of subdivision 3-a of section 220 of the labor law,
as added by chapter 137 of the laws of 1985, is amended to read as
follows:
c. The fiscal officer may require any person or corporation performing
such public work to file with the fiscal officer within ten days of
receipt of said request, payroll records, sworn to as to their validity
and accuracy, requested by the fiscal officer, for said public work or
for any public or private work performed by said person or corporation
during the same period of time as said public work. SUCH PAYROLL
RECORDS SHALL INCLUDE A COPY OF EACH NOTICE REQUIRED UNDER SUBDIVISION
ONE OR TWO OF SECTION ONE HUNDRED NINETY-FIVE OF THIS CHAPTER FOR EVERY
LABORER, WORKER OR MECHANIC, WHICH SHALL BE SUBSCRIBED AND SWORN TO OR
AFFIRMED AS TRUE UNDER PENALTIES OF PERJURY. IN ADDITION, THE FISCAL
OFFICER MAY REQUIRE SUCH PERSON OR CORPORATION TO FURNISH PROOF OF ANY
SUPPLEMENTS PROVIDED OR AMOUNT PAID TO OR ON BEHALF OF LABORERS, WORKERS
S. 7307 6
OR MECHANICS IN SATISFACTION OF THE OBLIGATION TO PROVIDE SUPPLEMENTS
PURSUANT TO THIS SECTION. In the event said person or corporation fails
to provide the requested information within the allotted ten days, the
fiscal officer shall, within fifteen days, order the department of
jurisdiction to immediately withhold from payment to said person or
corporation up to twenty-five percent of the amount, not to exceed one
hundred thousand dollars, to be paid to said person or corporation under
the terms of the contract pursuant to which said public work is being
performed. Said amount withheld shall be immediately released upon
receipt by the department of jurisdiction of a notice from the fiscal
officer indicating that the request for records had been satisfied.
§ 6. This act shall take effect on the same date and in the same
manner as a chapter of the laws of 2019, amending the labor law relating
to additional information provided to employees on public work
contracts, as proposed in legislative bills numbers S. 5679-A and A.
2101-A, takes effect.
