Bill Text: NY S04018 | 2011-2012 | General Assembly | Introduced

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Bill Title: Authorizes the commissioner of labor to calculate proper payment of supplements by an annualization methodology utilized by the US department of labor under the Davis-Bacon Act of 1931; provides for the application of such method to be uniformly applied in every investigation.

Spectrum: Partisan Bill (Republican 3-0)

Status: (Introduced - Dead) 2012-01-04 - REFERRED TO LABOR [S04018 Detail]

Download: New_York-2011-S04018-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4018
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                    March 14, 2011
                                      ___________
       Introduced by Sens. DeFRANCISCO, SEWARD -- read twice and ordered print-
         ed, and when printed to be committed 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.
                                                                  LBD05141-01-1