STATE OF NEW YORK
________________________________________________________________________
5716
2011-2012 Regular Sessions
IN ASSEMBLY
February 25, 2011
___________
Introduced by M. of A. JORDAN, CORWIN, BURLING, P. LOPEZ, MONTESANO,
FINCH, AMEDORE, MOLINARO -- Multi-Sponsored by -- M. of A. CROUCH,
GOODELL, HAWLEY, OAKS, SAYWARD -- read once and referred to the
Committee on Labor
AN ACT to amend the labor law, in relation to prevailing wages
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraphs a and d of subdivision 5 of section 220 of the
2 labor law, paragraph a as amended and paragraph d as added by chapter
3 447 of the laws of 1983, are amended to read as follows:
4 a. The "prevailing rate of wage," for the intents and purposes of this
5 article, shall be [the rate of wage paid in the locality, as hereinafter
6 defined, by virtue of collective bargaining agreements between bona fide
7 labor organizations and employers of the private sector, performing
8 public or private work provided that said employers employ at least
9 thirty per centum of workers, laborers or mechanics in the same trade or
10 occupation in the locality where the work is being performed. The
11 prevailing rate of wage shall be annually determined in accordance here-
12 with by the fiscal officer no later than thirty days prior to July first
13 of each year, and the prevailing rate of wage for the period commencing
14 July first of such year through June thirtieth, inclusive, of the
15 following year shall be the rate of wage set forth in such collective
16 bargaining agreements for the period commencing July first through June
17 thirtieth, including those increases for such period which are directly
18 ascertainable from such collective bargaining agreements by the fiscal
19 officer in his annual determination. In the event that it is determined
20 after a contest, as provided in subdivision six of this section, that
21 less than thirty percent of the workers, laborers or mechanics in a
22 particular trade or occupation in the locality where the work is being
23 performed receive a collectively bargained rate of wage, then] the aver-
24 age wage paid to such workers, laborers or mechanics in the same trade
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05761-01-1
A. 5716 2
1 or occupation in the locality for the twelve-month period preceding the
2 fiscal officer's annual determination [shall be the prevailing rate of
3 wage]. Laborers, workers or mechanics for whom a prevailing rate of
4 wage is to be determined shall not be considered in determining such
5 prevailing wage. The fiscal officer shall make an annual determination
6 of the prevailing wage, and shall be empowered to cause an investigation
7 to be made to determine the wages prevailing in any locality in all
8 crafts, trades and occupations involved in work to be performed; in
9 making such investigation, the fiscal officer shall utilize wage and
10 fringe benefit data from various sources including, but not limited to,
11 data and determinations of federal, state or other governmental agen-
12 cies, inclusive of data encompassing both employers whose employees are
13 subject to collective bargaining agreements as well as employers not so
14 subject, and to establish such rates in such a fashion as to gather an
15 accurate and fair measure of those wage rates.
16 d. "Locality" means [such areas of the state described and defined for
17 a trade or occupation in the current collective bargaining agreements
18 between bona fide labor organizations and employers of the private
19 sector, performing public and private work] the county or, in the event
20 that a project crosses the boundaries of two counties, the average of
21 the prevailing wage of those two counties as defined by the fiscal offi-
22 cer. In the case of a city with a population of one million or more, all
23 counties comprising such a city shall be considered a single locality
24 for purposes of this section.
25 § 2. Subdivision 7 of section 230 of the labor law, as added by chap-
26 ter 777 of the laws of 1971, is amended to read as follows:
27 7. "Locality" means [the state, a town, city, village or other civil
28 division or area of the state as determined by the fiscal officer. The
29 fiscal officer may fix a different geographic area in determining the
30 locality for the prevailing basic hourly cash rate of pay and the local-
31 ity for prevailing supplements] the county where such building services
32 are performed. In the case of a city with a population of one million or
33 more, all counties comprising such a city shall be considered a single
34 locality for purposes of this section.
35 § 3. Paragraph (a) of subdivision 1 of section 234 of the labor law,
36 as added by chapter 777 of the laws of 1971, is amended to read as
37 follows:
38 (a) to cause an investigation to be made to determine the wages
39 prevailing in any locality in all crafts, trades and occupations
40 involved in service work; in making such investigation, the fiscal offi-
41 cer may utilize wage and fringe benefit data from various sources
42 including, but not limited to, data and determinations of federal, state
43 or other governmental agencies, inclusive of data encompassing both
44 employers whose employees are subject to collective bargaining agree-
45 ments as well as employers not so subject, and to establish such rates
46 in such a fashion as to gather an accurate and fair measure of those
47 wage rates;
48 § 4. This act shall take effect on the first of January next succeed-
49 ing the date on which it shall have become a law.
