Bill Text: NY A07781 | 2023-2024 | General Assembly | Introduced

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Bill Title: Relates to banning individuals who have violated wage theft laws from bidding on public works projects.

Spectrum: Slight Partisan Bill (Democrat 6-2)

Status: (Introduced) 2024-01-03 - referred to labor [A07781 Detail]

Download: New_York-2023-A07781-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          7781

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                      June 15, 2023
                                       ___________

        Introduced  by M. of A. SIMON -- read once and referred to the Committee
          on Labor

        AN ACT to amend the labor law, in relation to  banning  individuals  who
          have violated wage theft laws from bidding on public works projects

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The labor law is amended by adding a new section  224-f  to
     2  read as follows:
     3    §  224-f.  Prohibition against awarding public works project contracts
     4  due to wage theft. 1. For the purpose  of  this  section,  "wage  theft"
     5  shall  mean the denial of wages or employee benefits that are rightfully
     6  owed to an employee.
     7    2. Before the awarding of a contract for any public works project,  an
     8  individual;  limited  liability  company; limited liability partnership;
     9  corporation; partnership or any  other  legal  entity  bidding  on  such
    10  public works project must reveal to the commissioner for review the full
    11  names of all members; managers; individuals; and/or stockholders of such
    12  limited  liability  company; limited liability partnership; corporation;
    13  partnership or any other legal entity or person bidding on such project.
    14    3. A public works contract shall not be awarded to any person; limited
    15  liability company; limited liability partnership; corporation;  partner-
    16  ship  or  any  other legal entity, who has any members; managers; and/or
    17  stockholders who have interest in such legal entity, who has  previously
    18  been found guilty and/or debarred for wage theft.
    19    4.  At  no  time after the awarding of a public works project, shall a
    20  person; limited liability company; limited liability partnership; corpo-
    21  ration; partnership or any other legal entity authorize an individual as
    22  manager; member and/or stockholder who has  ever  been  debarred  and/or
    23  found  guilty  of  wage theft to hold any interest in such legal entity.
    24  The violation of this subdivision shall result in the  immediate  termi-
    25  nation of the contract.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09714-01-3
        A. 7781                             2

     1    5.  Any  individual person who knowingly or intentionally commits wage
     2  theft, shall permanently be barred from bidding themselves, or  being  a
     3  part;  member;  manager;  and/or  stockholder  of  any limited liability
     4  company, limited liability partnership, corporation, partnership or  any
     5  other legal entity that bids on or is awarded any public works project.
     6    § 2.  This act shall take effect immediately.