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.
LBD08792-01-9
S. 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.