Bill Text: NY A02143 | 2009-2010 | General Assembly | Introduced

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Bill Title: An act to amend the labor law, in relation to directing the commissioner of labor to calculate proper payment of supplements by an annualization methodology

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2010-01-06 - referred to labor [A02143 Detail]

Download: New_York-2009-A02143-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2143
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 15, 2009
                                      ___________
       Introduced  by  M. of A. KOLB -- read once and referred to the Committee
         on Labor
       AN ACT to amend the labor law, in relation to directing the commissioner
         of labor to calculate proper payment of supplements by  an  annualiza-
         tion methodology
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 220 of the labor law is amended  by  adding  a  new
    2  subdivision 3-f to read as follows:
    3    3-F.  IN ORDER TO PREVENT EMPLOYERS FROM USING PUBLIC WORK, AS DEFINED
    4  IN THIS ARTICLE, AS A DISPROPORTIONATE OR EXCLUSIVE  SOURCE  OF  FUNDING
    5  FOR  BENEFITS  THAT ARE IN FACT CONTINUOUS IN NATURE AND ARE PART OF THE
    6  REGULAR COMPENSATION FOR ALL EMPLOYEE WORK WHETHER  PUBLIC  OR  PRIVATE,
    7  THE  COMMISSIONER  SHALL  DIRECT  THAT THE PROPER PAYMENT OF SUPPLEMENTS
    8  SHALL BE CALCULATED BY EMPLOYING THE ANNUALIZATION METHODOLOGY  UTILIZED
    9  BY THE UNITED STATES DEPARTMENT OF LABOR IN CALCULATIONS UNDER THE DAVIS
   10  BACON ACT OF 1931, AS AMENDED, 40 USC. S 276(A)-276-A-7.
   11    S 2. This act shall take effect on the one hundred twentieth day after
   12  it  shall  have become a law and shall apply to all contracts and agree-
   13  ments entered into on and after such date.  Effective  immediately,  the
   14  addition,  amendment  and/or  repeal of any rule or regulation necessary
   15  for the implementation of this act on its effective date  is  authorized
   16  and directed to be made and completed on or before such effective date.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05339-01-9