Bill Text: NY S04590 | 2019-2020 | General Assembly | Introduced
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 2-0)
Status: (Introduced - Dead) 2020-01-08 - REFERRED TO LABOR [S04590 Detail]
Download: New_York-2019-S04590-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 4590 2019-2020 Regular Sessions IN SENATE March 15, 2019 ___________ Introduced by Sens. PARKER, SEPULVEDA -- read twice and ordered printed, and when printed to be committed 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. LBD08792-01-9S. 4590 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 § 2. This act shall take effect immediately.
