Bill Text: NY A06056 | 2015-2016 | General Assembly | Introduced

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Bill Title: Requires state agencies to provide labor organizations with certified payroll records of the contractors hired to perform public work by such agency.

Spectrum: Partisan Bill (Democrat 10-0)

Status: (Introduced - Dead) 2016-01-06 - referred to labor [A06056 Detail]

Download: New_York-2015-A06056-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6056
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                    March 11, 2015
                                      ___________
       Introduced  by M. of A. BLAKE -- read once and referred to the Committee
         on Labor
       AN ACT to amend the labor law, in relation to allowing certain organiza-
         tions access to certified  payroll  records  of  companies  performing
         public work
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivision 7 of section 220 of the labor law,  as  amended
    2  by chapter 7 of the laws of 2008, is amended to read as follows:
    3    7.  Compliance investigations. A. The fiscal officer as herein defined
    4  shall on a verified complaint in writing of any person interested or  of
    5  any  employee  organization  pursuant  to  subdivision  eight-d  of this
    6  section, and may on his own initiative cause a compliance  investigation
    7  to  be  made  to determine whether the contractor or a subcontractor has
    8  paid the prevailing rate of wages and prevailing practices  for  supple-
    9  ments  in  the same trade or occupation in the locality within the state
   10  where such public work  is  being  performed,  or  the  hours  of  labor
   11  performed by the workmen, laborers and mechanics employed on such public
   12  work,  or both.  The fiscal officer or his agents, examiners and inspec-
   13  tors may examine or cause to be examined the books and records  pertain-
   14  ing  to the rate of wages paid and supplements provided to the laborers,
   15  workmen and mechanics on  said  public  work  and  the  hours  of  labor
   16  performed  by  such laborers, workmen and mechanics on said public work.
   17  The fiscal officer in such investigation shall be deemed to be acting in
   18  a judicial capacity, and shall have the right to issue subpoenas, admin-
   19  ister oaths and examine witnesses. The enforcement of a subpoena  issued
   20  under  this  section  shall  be  regulated by the civil practice law and
   21  rules. Such fiscal officer shall make either an order, determination  or
   22  any  other  disposition,  including  but  not  limited to an agreed upon
   23  settlement and/or stipulation, within six months from the date of filing
   24  of such verified complaint, and where a compliance investigation is made
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06847-01-5
       A. 6056                             2
    1  without the filing of a verified complaint, within six months  from  the
    2  date  a  compliance  investigation  is initiated by such fiscal officer.
    3  Upon the making of said order or determination, or upon arriving at such
    4  agreed  upon settlement and/or stipulation, a copy thereof shall be sent
    5  by certified mail, return receipt requested, by the fiscal officer:  (i)
    6  to  the person and employee organization, if any, who or which initiated
    7  the complaint, (ii) to the person or corporation, if any,  against  whom
    8  the complaint was brought, and (iii) where a compliance investigation is
    9  made  without  the filing of a complaint, to the person who or which was
   10  the subject of the compliance investigation.
   11    B. (I) AN EMPLOYEE ORGANIZATION, WHICH HAS BEEN  CERTIFIED  OR  RECOG-
   12  NIZED  TO  REPRESENT  EMPLOYEES  EMPLOYED ON PUBLIC WORKS CONTRACTS, MAY
   13  REQUEST OF A STATE AGENCY, PUBLIC AUTHORITY, OR ANY OTHER  STATE  ENTITY
   14  AUTHORIZED  TO  LET  OUT WORK ON PUBLIC WORKS CONTRACTS, TO BE FURNISHED
   15  WITH A COPY OF CERTIFIED PAYROLL RECORDS THAT HAVE BEEN PROVIDED TO SUCH
   16  AGENCY, PUBLIC AUTHORITY, OR ANY OTHER STATE ENTITY  AUTHORIZED  TO  LET
   17  OUT  WORK  ON PUBLIC WORKS CONTRACTS, BY THE CONTRACTOR OR SUBCONTRACTOR
   18  PERTAINING TO A PUBLIC WORKS CONTRACT.
   19    (II) IF SO REQUESTED, THE AGENCY, PUBLIC AUTHORITY, OR ANY OTHER STATE
   20  ENTITY AUTHORIZED TO LET  OUT  WORK  ON  PUBLIC  WORKS  CONTRACTS,  MUST
   21  FURNISH  A  COPY  OF  SUCH CERTIFIED PAYROLL RECORDS TO THE ORGANIZATION
   22  WITHIN THIRTY DAYS OF THE RECEIPT OF SUCH REQUEST.
   23    (III) THE CERTIFIED PAYROLL RECORDS MUST INCLUDE AT LEAST THE  FOLLOW-
   24  ING INFORMATION:
   25    (1)  NAMES  AND ADDRESSES OF ALL EMPLOYEES WORKING ON THE PUBLIC WORKS
   26  PROJECT;
   27    (2) EMPLOYEE CLASSIFICATIONS;
   28    (3) HOURS EMPLOYED ON THE PUBLIC WORKS PROJECT;
   29    (4) WAGE RATE THAT HAS BEEN PAID TO THE EMPLOYEES;
   30    (5) SUPPLEMENTAL WAGE RATE THAT HAS BEEN PAID TO THE EMPLOYEES;
   31    (6) THE RATE OF ALL OTHER MONIES THAT WERE PAID TO EMPLOYEES.
   32    S 2. This act shall take effect immediately.