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This entry was published on 2024-09-06
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SECTION 220-J
Payroll reporting requirements
Labor (LAB) CHAPTER 31, ARTICLE 8
§ 220-j. Payroll reporting requirements. 1. As used in this section:

a. "Contractor" means any entity entering into a contract to perform
construction, demolition, reconstruction, excavation, rehabilitation,
repair, installation, renovation, alteration, or custom fabrication,
which is subject to the provisions of this article.

b. "Fiscal officer" for purposes of this section shall have the same
meaning as set forth in paragraph e of subdivision five of section two
hundred twenty of this article.

c. "Subcontractor" means any entity subcontracting with a contractor
to perform construction, demolition, reconstruction, excavation,
rehabilitation, repair, installation, renovation, alteration, or custom
fabrication, which is subject to the provisions of this article.

d. "Covered project" means any project subject to the provisions of
this article, including but not limited to, public work projects,
privately owned prevailing wage projects and those subject to the
provisions of sections two hundred twenty-four-a, two hundred
twenty-four-d and sections two hundred twenty-four-f of this article.

e. "Monthly" means at least once every thirty days while work is being
performed on a covered project and within thirty days after the final
day of work was performed on the covered project.

2. Each contractor and subcontractor working on a covered project
shall furnish records consistent with subparagraph (iii) of paragraph a
of subdivision three-a of section two hundred twenty of this article
directly to the fiscal officer in the following manner:

a. submit records monthly unless such covered project contract
requires more frequent reporting requirements;

b. in an electronic format, in a manner prescribed by the
commissioner, on the department's website;

c. provide documentation of each fund, plan or program where any
supplement has been paid or provided for; and

d. provide a copy of the payment bond required by section one hundred
thirty-seven of the state finance law, including all information open to
public inspection.

3. a. A contractor or subcontractor who fails to furnish records
pursuant to this section relating to its employees, shall be subject to
a penalty by the fiscal officer of one hundred dollars for each day such
contractor or subcontractor is in violation of this section.

b. The fiscal officer shall not level a penalty pursuant to this
subdivision until such contractor or subcontractor fails to furnish such
electronic records fourteen days after the requirements set forth in
paragraph a of subdivision two of this section.

c. Such penalties pursuant to this subdivision shall only accrue to
the actual contractor or subcontractor who failed to furnish such
required records.

d. All penalties collected pursuant to this section shall be used by
the fiscal officer for prevailing wage enforcement.

e. The fiscal officer shall undertake activities it deems necessary to
monitor and enforce compliance with this section.

4. No later than December thirty-first, two thousand twenty-four, the
department shall develop and implement an online database of electronic
certified payroll records submitted pursuant to this section. Such
database shall be publicly accessible, but not include personally
identifiable information. Such database shall be searchable, including
each available payroll record subset. In a city with a population in
excess of one million, the commissioner shall ensure access to such
online database is provided to the fiscal officer in a manner that
allows such officer to monitor and enforce the provisions of this
section.