Bill Text: NY A08083 | 2019-2020 | General Assembly | Amended


Bill Title: Ensures that utility employees, who currently fall outside the definition of an employee that may receive the prevailing wage, fall under such wage requirements.

Spectrum: Partisan Bill (Democrat 14-0)

Status: (Introduced) 2019-06-20 - substituted by s6265a [A08083 Detail]

Download: New_York-2019-A08083-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         8083--A

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                      May 31, 2019
                                       ___________

        Introduced  by  M. of A. NIOU, DINOWITZ, SIMOTAS, WEPRIN, REYES, BARRON,
          CARROLL, ORTIZ, RAYNOR -- read once and referred to the  Committee  on
          Labor  --  committee  discharged,  bill  amended, ordered reprinted as
          amended and recommitted to said committee

        AN ACT to amend the labor law, in  relation  to  ensuring  that  utility
          employees receive the prevailing wage

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

     1    Section 1. Section 230 of the labor law, as added by  chapter  777  of
     2  the laws of 1971, subdivision 1 as amended and subdivision 9 as added by
     3  chapter 542 of the laws of 1984, subdivision 4 as amended by chapter 678
     4  of  the laws of 2007, and subdivisions 10, 11, 12, 13 and 14 as added by
     5  chapter 547 of the laws of 1998, is amended to read as follows:
     6    § 230. Definitions. As used in this article:
     7    1. "Building service employee" or "employee" means any person perform-
     8  ing work in connection with the  care  or  maintenance  of  an  existing
     9  building or facility, or in connection with the transportation of office
    10  furniture  or  equipment  to  or  from  such building or facility, or in
    11  connection with the transportation and delivery of fossil fuel  to  such
    12  building  or  facility,  for a contractor under a contract with a public
    13  agency which is in excess of one thousand five hundred dollars  and  the
    14  principal  purpose  of  which  is to furnish services through the use of
    15  building service employees or at a covered utility location.
    16    "Building service employee" or "employee" includes, but is not  limit-
    17  ed,  to,  watchman,  guard, doorman, building cleaner, porter, handyman,
    18  janitor, gardener, groundskeeper, stationary fireman, elevator  operator
    19  and  starter, window cleaner, and occupations relating to the collection
    20  of garbage or refuse, and to the transportation of office furniture  and
    21  equipment,  and  to  the  transportation and delivery of fossil fuel but
    22  does not include clerical, sales, professional, technician  and  related
    23  occupations.
    24    "Building  service  employee"  or "employee" also does not include any
    25  employee to whom the provisions of articles eight and [eight-a]  eight-A
    26  of this chapter are applicable.  "Building service employee" or "employ-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13100-02-9

        A. 8083--A                          2

     1  ee" also does not include any employee directly or indirectly performing
     2  work  for  or  on  behalf of a business improvement district unless such
     3  work would have been subject to the requirements of this  article  prior
     4  to  the effective date of a chapter of the laws of two thousand nineteen
     5  that amended this subdivision.  The  preceding  sentence  shall  not  be
     6  construed to affect any determination hereafter by the fiscal officer or
     7  a  court of competent jurisdiction as to the applicability or inapplica-
     8  bility to such work of such requirements.
     9    2. "Building service work" or "service work" means work performed by a
    10  building service employee, but does not include  work  performed  for  a
    11  contractor  under  a  contract  for the furnishing of services by radio,
    12  telephone, telegraph or cable companies[; and any  contract  for  public
    13  utility  services,  including electric light and power, water, steam and
    14  gas].
    15    3. "Public agency" means the state, any of its political subdivisions,
    16  a public benefit  corporation,  a  public  authority  or  commission  or
    17  special purpose district board appointed pursuant to law, and a board of
    18  education.
    19    4.  "Contractor"  means  any employer who employs employees to perform
    20  building service work under a contract with a public  agency  and  shall
    21  include any of the contractor's subcontractors.
    22    5. "Wage" includes: (a) basic hourly cash rate of pay; and (b) supple-
    23  ments. The term "supplements" means fringe benefits including medical or
    24  hospital  care,  pensions on retirement or death, compensation for inju-
    25  ries or illness resulting from occupational activity,  or  insurance  to
    26  provide  any  of  the  foregoing, unemployment benefits, life insurance,
    27  disability and sickness  insurance,  accident  insurance,  vacation  and
    28  holiday pay, costs of apprenticeship or other similar programs and other
    29  bona  fide  fringe  benefits not otherwise required by federal, state or
    30  local law to be provided by the  contractor  or  subcontractor,  covered
    31  utility or covered employer.
    32    6.  "Prevailing  wage" means the wage determined by the fiscal officer
    33  to be prevailing for the various classes of building  service  employees
    34  in  the locality. In no event shall the basic hourly cash rate of pay be
    35  less than the statutory minimum wage established by article nineteen  of
    36  this  chapter, or, in a city with a local law requiring a higher minimum
    37  wage on city contract work, less than the minimum wage specified in such
    38  local law.
    39    7. "Locality" means the state, a town, city, village  or  other  civil
    40  division  or  area of the state as determined by the fiscal officer. The
    41  fiscal officer may fix a different geographic area  in  determining  the
    42  locality for the prevailing basic hourly cash rate of pay and the local-
    43  ity for prevailing supplements.
    44    8.  "Fiscal  officer"  means  the  industrial commissioner, except for
    45  building service work performed by or on behalf of a city, or where  the
    46  covered  utility  location is located within a city with a population of
    47  one million or more in which case "fiscal officer" means the comptroller
    48  or other analogous officer of such city.
    49    9. "Fossil fuel" shall mean coal, petroleum products and  fuel  gases.
    50  "Coal" shall include bituminous coal, anthracite coal and lignite. "Fuel
    51  gases"  shall include but not be limited to methane, natural gas, lique-
    52  fied natural gas and manufactured fuel gases. "Petroleum products" shall
    53  include all products refined or rerefined from synthetic or crude oil or
    54  oil  extracted  from  other  sources,  including  natural  gas  liquids.
    55  Provided that nothing in this subdivision shall affect the exclusion for
    56  public utility services set forth in subdivision two of this section.

        A. 8083--A                          3

     1    10.  "Substantially-owned  affiliated  entity"  shall  mean the parent
     2  company of  the  contractor,  covered  utility,  or  subcontractor,  any
     3  subsidiary  of  the  contractor,  covered  utility, covered employer, or
     4  subcontractor, or any entity in which  the  parent  of  the  contractor,
     5  covered utility, covered employer, or subcontractor owns more than fifty
     6  percent  of  the  voting stock, or an entity in which one or more of the
     7  top five  shareholders  of  the  contractor,  covered  utility,  covered
     8  employer,  or  subcontractor  individually  or  collectively also owns a
     9  controlling share of the voting stock, or an entity which  exhibits  any
    10  other  indicia  of control over the contractor, covered utility, covered
    11  employer, or subcontractor or over which the contractor, covered  utili-
    12  ty,  covered  employer, or subcontractor exhibits control, regardless of
    13  whether or not the controlling party or parties have any identifiable or
    14  documented ownership interest. Such  indicia  shall  include:  power  or
    15  responsibility  over  employment  decisions, access to and/or use of the
    16  relevant entity's assets or  equipment,  power  or  responsibility  over
    17  contracts of the entity, responsibility for maintenance or submission of
    18  certified  payroll records, and influence over the business decisions of
    19  the relevant entity.
    20    11. "Entity" shall mean a  partnership,  association,  joint  venture,
    21  company,  sole  proprietorship,  corporation  or any other form of doing
    22  business.
    23    12. "Parent company" shall mean an entity that directly  controls  the
    24  contractor, covered utility, or subcontractor.
    25    13.  "Subsidiary" shall mean an entity that is controlled directly, or
    26  indirectly through one  or  more  intermediaries,  by  a  contractor  or
    27  subcontractor, covered utility, or the contractor's parent company.
    28    14.  "Successor"  shall  mean  an entity engaged in work substantially
    29  similar to that of the predecessor, where there is substantial continui-
    30  ty of operation with that of the predecessor.
    31    15. "Covered utility" shall mean any entity  other  than  a  municipal
    32  corporation  that  distributes  electric light or power, or gas or steam
    33  services at retail rates regulated  by  the  public  service  commission
    34  pursuant  to  a franchise granted under the provisions of section sixty-
    35  eight or eighty-one of the public service law,  and  any  substantially-
    36  owned affiliated entity of such covered utility.
    37    16. "Covered utility location" shall mean any real property, including
    38  facilities  used  in the generation, storage, transmission, distribution
    39  or sale of gas, electricity, steam, owned or leased by a covered utility
    40  provided that where such covered utility location is  an  office  space,
    41  such  office  space  shall  be  a covered utility location only if it is
    42  larger than one hundred thousand square feet; and further provided  that
    43  if  such  office  space  is leased, such office space shall be a covered
    44  utility location only if through a single agreement or  multiple  agree-
    45  ments  no less than fifty-one percent of the total square footage of the
    46  office space is leased by the covered utility.
    47    17. "Covered employer" shall mean any entity,  other  than  a  covered
    48  utility  that  employs  building  service employees at a covered utility
    49  location.
    50    § 2. Subdivisions 1, 2, 3 and 6 of section 231 of the  labor  law,  as
    51  added by chapter 777 of the laws of 1971, are amended and a new subdivi-
    52  sion 8 is added to read as follows:
    53    1.  Every contractor shall pay a service employee under a contract for
    54  building service work a wage of not less than the prevailing wage in the
    55  locality for the craft, trade or occupation  of  the  service  employee.
    56  Covered  utilities  shall  ensure  that  all  building service employees

        A. 8083--A                          4

     1  performing building service work at a covered utility  location  regard-
     2  less of the employing entity are paid no less than the prevailing wage.
     3    2. The obligation of a contractor or covered utility to pay prevailing
     4  supplements  may be discharged by furnishing any equivalent combinations
     5  of fringe benefits or by making equivalent or differential  payments  in
     6  cash under rules and regulations established by the fiscal officer.
     7    3.  Each  contract  for building service work shall contain as part of
     8  the specifications thereof a schedule of the wages required to  be  paid
     9  to  the various classes of service employees on such work, and each such
    10  contract shall further contain a provision obligating the contractor  to
    11  pay  each employee on such work not less than the wage specified for his
    12  craft, trade or occupation in such schedule.  Any  lease,  contract  for
    13  management services or any other contract pertaining to the provision of
    14  building  services  at  a  covered  utility  location  entered into by a
    15  covered utility shall contain the  following  provision:  "All  building
    16  service  employees  shall  be  paid  no less than the prevailing wage as
    17  provided by the fiscal officer as described in section two hundred thir-
    18  ty-four of the labor law. Any covered employer as defined in section two
    19  hundred thirty of the labor law shall maintain all records  relating  to
    20  the  employment  of building service workers as described in section two
    21  hundred and thirty-three of the labor law which are to  be  provided  to
    22  the covered utility. This requirement shall apply to any covered utility
    23  location as provided by article nine of the labor law."
    24    6.  No  later  than  the first day upon which work on said contract is
    25  performed by any employee, or within sixty days of the effective date of
    26  a chapter of the laws of two thousand nineteen that amended this  subdi-
    27  vision  the  contractor or covered utility shall post in a prominent and
    28  accessible place on the site of the work  a  legible  statement  of  the
    29  wages to be paid to the workmen employed thereon.
    30    8.  This section shall not preempt any public agency from establishing
    31  higher minimum wages for employees performing building service  work  at
    32  covered  utilities.  Nor  shall  any  covered  utility be preempted from
    33  paying higher than the prevailing wage.
    34    § 3. Section 232 of the labor law, as added by chapter 777 of the laws
    35  of 1971, is amended to read as follows:
    36    § 232. Overtime. An employee, employed at a covered  utility  location
    37  or  by  a  contractor, who works more than eight hours in any one day or
    38  more than forty hours in any workweek shall be paid wages for such over-
    39  time at a rate not less than one-and-one-half times his prevailing basic
    40  cash hourly rate.
    41    § 4. Section 233 of the labor law, as added by chapter 777 of the laws
    42  of 1971, is amended to read as follows:
    43    § 233. Record keeping. 1. In all cases where  service  work  is  being
    44  performed  pursuant  to  a  contract  therefor  or  at a covered utility
    45  location, the contractor or covered utility shall keep original payrolls
    46  or transcripts thereof, subscribed and confirmed by him as  true,  under
    47  penalties  of perjury, showing the hours and days worked by each employ-
    48  ee, the craft, trade or occupation at which he  was  employed,  and  the
    49  wages paid.  A covered utility may satisfy this requirement by obtaining
    50  copies of employment records from a covered employer.
    51    2.  Where  the  wages paid include sums which are not paid directly to
    52  the workmen weekly and which are expended for supplements,  the  records
    53  required  to be maintained shall include a record of such hourly payment
    54  on behalf of such employees, the supplement for which such  payment  has
    55  been  made,  and the name and address of the person to whom such payment
    56  has been made. In all such cases,  the  contractor  or  covered  utility

        A. 8083--A                          5

     1  shall  keep  a true and inscribed copy of the agreement under which such
     2  payments are made, a record of all net payments made thereunder,  and  a
     3  list of all persons for whom such payments are made.
     4    3.  The records required to be maintained shall be kept on the site of
     5  the work during all of the time that work under the  contract  is  being
     6  performed or for three years after completion for a covered utility.
     7    4.  All  records  required  to  be maintained shall be preserved for a
     8  period of three years after the completion of work.
     9    5. A covered utility shall include a requirement  in  all  leases  and
    10  contracts  pertaining  to  the  provision  of building services that any
    11  covered employer shall comply with  the  recordkeeping  requirements  of
    12  this  section.  The  covered  utility shall obtain such records from any
    13  covered employer and preserve such records for a period of  three  years
    14  after the completion of the employee's work.
    15    6.  The  requirements of this article shall apply to covered utilities
    16  so long as they retain their status as covered utilities.
    17    § 5. Paragraph (f) of subdivision 1 of section 234 of the  labor  law,
    18  as  added  by  chapter  777  of  the laws of 1971, is amended to read as
    19  follows:
    20    (f) to require a contractor or covered utility to file with the fiscal
    21  officer a record of the  wages  actually  paid  by  such  contractor  or
    22  covered utility to the employees and of their hours of work;
    23    § 6. Subdivisions 1 and 5, the opening paragraph of subdivision 6, and
    24  subdivisions  8  and 9 of section 235 of the labor law, subdivision 1 as
    25  added by chapter 777 of the laws of 1971, subdivision 5 as  amended  and
    26  subdivisions  8 and 9 as added by chapter 547 of the laws of 1998, para-
    27  graph c of subdivision 5 as further amended by section 104 of part A  of
    28  chapter 62 of the laws of 2011, and the opening paragraph of subdivision
    29  6  as amended by chapter 491 of the laws of 1999, are amended to read as
    30  follows:
    31    1. Whenever the fiscal officer has reason to believe  that  a  service
    32  employee  at  a  covered  utility  location  has been paid less than the
    33  applicable prevailing wage or that a service employee has been paid less
    34  than the wages stipulated in the contract, or if such  contract  has  no
    35  wage  schedule  attached  thereto  and  the fiscal officer has reason to
    36  believe that a service employee  has  been  paid  less  than  the  wages
    37  prevailing  for  his craft, trade or occupation, the fiscal officer may,
    38  and upon receipt of a written complaint from an employee employed there-
    39  on, shall conduct a special investigation to determine the facts  relat-
    40  ing thereto.
    41    5.  a.  The investigation and hearing shall be expeditiously conducted
    42  and upon the completion thereof the fiscal officer shall  determine  the
    43  issues  raised  and  shall  make and file an order in his office stating
    44  such determination and forthwith serve personally or by mail a  copy  of
    45  such  order  and determination together with a notice of filing upon all
    46  parties to the proceeding and upon the financial officer of  the  public
    47  agency involved.
    48    b.  In  addition  to  directing payment of wages found to be due, such
    49  order of the fiscal officer may direct payment of a  further  sum  as  a
    50  civil  penalty  in  an  amount  not exceeding twenty-five percent of the
    51  total amount found to be due. In assessing the amount  of  the  penalty,
    52  due consideration shall be given to the size of the employer's business,
    53  the good faith of the employer, the gravity of the violation, the histo-
    54  ry  of  previous violations of the employer, successor or substantially-
    55  owned affiliated entity or any  successor  of  the  contractor,  covered
    56  utility, covered employer, or subcontractor, any officer of the contrac-

        A. 8083--A                          6

     1  tor,  covered  utility, covered employer, or subcontractor who knowingly
     2  participated in the violation of this article, and any of  the  partners
     3  if  the  contractor, covered utility, covered employer, or subcontractor
     4  is a partnership or any of the five largest shareholders of the contrac-
     5  tor,  covered utility, covered employer, or subcontractor, as determined
     6  by the fiscal officer, of such underpayment of wages or supplements, and
     7  any officer of the contractor, covered  utility,  covered  employer,  or
     8  subcontractor  who knowingly participated in the violation of this arti-
     9  cle, and the failure to comply  with  recordkeeping  or  other  non-wage
    10  requirements.  Where the fiscal officer is the commissioner, the penalty
    11  shall be paid to the commissioner for deposit  in  the  state  treasury.
    12  Where  the fiscal officer is a city comptroller or other analogous offi-
    13  cer, the penalty shall be paid to said officer for deposit in  the  city
    14  treasury.
    15    c.  If  the  order directs the payment to specified employees of wages
    16  found to be due and unpaid, including interest at a rate not  less  than
    17  six  per  centum per year and not more than the rate of interest then in
    18  effect as prescribed by the superintendent of financial services  pursu-
    19  ant  to  section  fourteen-a  of the banking law per annum from the time
    20  such wages should have been paid, the financial officer of  such  public
    21  agency shall, upon the service to him of such order, pay to such employ-
    22  ees  from  the  trust money withheld the amounts specified in such order
    23  and shall pay the civil penalty as provided herein, provided  no  review
    24  proceeding  pursuant  to  the provisions of article seventy-eight of the
    25  civil practice law and rules is commenced within thirty days of the date
    26  said order was filed in the office of the fiscal officer. If such review
    27  is timely commenced, the money withheld shall remain  in  trust  pending
    28  final  disposition  of the review proceeding. In determining the rate of
    29  interest to be imposed the fiscal officer shall consider the size of the
    30  employer's business, the good faith of the employer, the gravity of  the
    31  violation, the history of previous violations of the employer, successor
    32  or  substantially-owned  affiliated  entity  or  any  successor  of  the
    33  contractor, covered utility, covered  employer,  or  subcontractor,  any
    34  officer of the contractor, covered utility, covered employer, or subcon-
    35  tractor who knowingly participated in the violation of this article, and
    36  any  of the partners if the contractor, covered utility, covered employ-
    37  er, or subcontractor is a partnership or any of the five largest  share-
    38  holders of the contractor, covered utility, covered employer, or subcon-
    39  tractor,  as determined by the fiscal officer, and the failure to comply
    40  with recordkeeping or other non-wage requirements.
    41    When a final determination has been made and such determination is  in
    42  favor of an employee, such employee may, in addition to any other remedy
    43  provided  by this article, institute an action in any court of appropri-
    44  ate jurisdiction  against  the  person  or  corporation  found  to  have
    45  violated  this article, any substantially-owned affiliated entity or any
    46  successor of the  contractor,  covered  utility,  covered  employer,  or
    47  subcontractor,  any  officer of the contractor, covered utility, covered
    48  employer, or subcontractor who knowingly participated in  the  violation
    49  of  this  article,  and  any  of the partners if the contractor, covered
    50  utility, covered employer, or subcontractor is a partnership or  any  of
    51  the  five  largest  shareholders  of  the  contractor,  covered utility,
    52  covered employer, or subcontractor, as determined by the fiscal officer,
    53  for the recovery of the difference between the  sum,  if  any,  actually
    54  paid  to  him  by the aforesaid financial officer pursuant to said order
    55  and the amount found to be due him as determined  by  said  order.  Such
    56  action  must be commenced within three years from the date of the filing

        A. 8083--A                          7

     1  of said order, or if the said order is reviewed in a proceeding pursuant
     2  to article seventy-eight of the civil practice  law  and  rules,  within
     3  three years after the termination of such review proceeding.
     4    8. a. When a final determination has been made in favor of a complain-
     5  ant  and  the  contractor, covered utility, covered employer, or subcon-
     6  tractor found violating this article  has  failed  to  make  payment  as
     7  required  by the order of the fiscal officer, and provided that no rele-
     8  vant proceeding for judicial review shall then be pending and  the  time
     9  for initiation of such proceeding shall have expired, the fiscal officer
    10  may file a copy of the order of the fiscal officer containing the amount
    11  found  to  be  due  with  the county clerk of the county of residence or
    12  place of business of any of the following:
    13    (i) any substantially-owned affiliated entity or any successor of  the
    14  contractor, covered utility, covered employer, or subcontractor;
    15    (ii)  any  of the partners if the contractor, covered utility, covered
    16  employer, or subcontractor is a partnership or any of the  five  largest
    17  shareholders  of  the  contractor or subcontractor, as determined by the
    18  fiscal officer; or
    19    (iii) any officer of the contractor, covered utility, covered  employ-
    20  er, or subcontractor who knowingly participated in the violation of this
    21  article;  provided,  however,  that the fiscal officer shall within five
    22  days of the filing of the order provide notice thereof to the partner or
    23  top five shareholder  or  successor  or  substantially-owned  affiliated
    24  entity.  The  notified party may contest the filing on the basis that it
    25  is not a partner  or  five  largest  shareholders,  an  officer  of  the
    26  contractor,  covered  utility,  covered  employer,  or subcontractor who
    27  knowingly participated in the violation of this  article,  successor  or
    28  substantially-owned  affiliated entity. If, after reviewing the informa-
    29  tion provided by the notified party in  support  of  such  contest,  the
    30  fiscal  officer  determines  that  the  notified party is not within the
    31  definitions described herein, the fiscal officer shall immediately with-
    32  draw his filing of the order.
    33    b. The filing of such order shall have the full force and effect of  a
    34  judgment  duly  docketed  in  the office of such clerk. The order may be
    35  enforced by and in the name of the fiscal officer in  the  same  manner,
    36  and  with  like effect, as that prescribed by the civil practice law and
    37  rules for the enforcement of a money judgment.
    38    9. When a final determination has been made against a subcontractor or
    39  covered employer in favor of a complainant and the contractor or covered
    40  utility has made payment to the complainant of any  wages  and  interest
    41  due  the  complainant and any civil penalty, and providing that no rele-
    42  vant proceeding for judicial review shall then be pending and  the  time
    43  for  initiation of such proceeding shall have expired, the contractor or
    44  covered utility may file a copy of  the  order  of  the  fiscal  officer
    45  containing the amount found to be due with the county clerk of the coun-
    46  ty  of  residence  or  place of business of the subcontractor or covered
    47  employer.  The filing of such order shall have the full force and effect
    48  of a judgment duly docketed in the office of such  clerk.  The  judgment
    49  may  be  docketed  in favor of the contractor or covered utility who may
    50  proceed as a judgment creditor  against  the  subcontractor  or  covered
    51  employer  for  the  recovery  of  all  monies  paid by the contractor or
    52  covered utility under such order.
    53    § 7. Section 237 of the labor law is amended by adding a new  subdivi-
    54  sion 5 to read as follows:
    55    5. A covered utility shall annually provide the fiscal officer a veri-
    56  fied statement that all building service employees at any covered utili-

        A. 8083--A                          8

     1  ty  location have been paid the prevailing wage. Such verified statement
     2  shall include a record of the days and hours worked and the  wages  paid
     3  to  each  building  service  employee  employed  at  a  covered  utility
     4  location.  Where  the  wages  paid  include such sums which are not paid
     5  directly to the workmen weekly and which are expended  for  supplements,
     6  the  statement  shall include a record of such hourly payments on behalf
     7  of such employees, the supplement for which such payment has been  made,
     8  and  the  name  and  address  of the person to whom the payment has been
     9  made. Such statement shall be verified by the oath of the  chief  execu-
    10  tive  or  chief financial officer of the covered utility or the designee
    11  of any such person that he or she has read such statements subscribed by
    12  him or her and knows the contents thereof, and that the same is true  of
    13  his  or  her  own  knowledge,  except  to wages and supplements owing by
    14  contract which may be certified upon information and belief. A violation
    15  of any provision of the statement, or failure to provide such statement,
    16  shall constitute a violation of this article.  The  fiscal  officer  may
    17  inspect  the  records maintained pursuant to section two hundred thirty-
    18  three of this article to verify these statements.
    19    § 8. Section 238 of the labor law, as added by chapter 777 of the laws
    20  of 1971, is amended to read as follows:
    21    § 238. Penalties. 1. Any contractor, covered utility or  subcontractor
    22  who  shall upon his oath verify any statement required to be filed under
    23  this article which is known by him to be false shall be guilty of perju-
    24  ry and punishable as provided by the penal law.
    25    2. When a contract for service work contains as part thereof a  sched-
    26  ule  of wages as provided for in this article, any contractor who, after
    27  entering into such contract, and any subcontractor  of  such  contractor
    28  who  fails  to  pay to any service employee the wages stipulated in such
    29  wage schedule or any covered utility or covered employer  who  fails  to
    30  pay  the  prevailing wage is guilty of a misdemeanor and upon conviction
    31  shall be punished for a first offense by a fine of five hundred  dollars
    32  or  by  imprisonment  for  not more than thirty days or by both fine and
    33  imprisonment; for a second offense by a fine of  one  thousand  dollars,
    34  and  for  contractors  in  addition  thereto  the  contract on which the
    35  violation has occurred shall be forfeited; and no such contractor  shall
    36  be entitled to receive any sum, nor shall any officer, agent or employee
    37  of  the  contracting  public  agency  pay  any such sum or authorize its
    38  payment from the funds under his charge or control  to  such  contractor
    39  for  work  done  upon  the  contract  on  which  the contractor has been
    40  convicted of a second  offense.  If  the  contractor,  covered  utility,
    41  covered employer, or subcontractor is a corporation, any officer of such
    42  corporation  who  knowingly permits the corporation to fail to make such
    43  payment shall also be guilty of a misdemeanor and the criminal and civil
    44  penalties herein shall attach to such officer upon conviction.
    45    § 9. The opening paragraph of section 239 of the labor law,  as  added
    46  by chapter 777 of the laws of 1971, is amended to read as follows:
    47    Provisions in contracts prohibiting discrimination on account of race,
    48  creed,  color,  national  origin, age or sex. Every contract for service
    49  work shall contain provisions by which  the  contractor  agrees  and  in
    50  which all covered utilities shall ensure:
    51    §  10.  This  act  shall  take effect on the one hundred twentieth day
    52  after it shall have become a law. Effective immediately,  the  addition,
    53  amendment  and/or  repeal  of  any  rule or regulation necessary for the
    54  implementation of this act on its effective date are  authorized  to  be
    55  made and completed on or before such effective date.
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