Creates a cause of action for damages by any contractor, subcontractor or employee thereof, whose bid on a public works contract was rejected, against the contractor or subcontractor whose bid was accepted in lieu thereof and who knowingly fails to provide unemployment, workers' compensation and disability benefits.
STATE OF NEW YORK
________________________________________________________________________
5211
2009-2010 Regular Sessions
IN SENATE
April 27, 2009
___________
Introduced by Sen. SAVINO -- 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 an action for damages for
failure to provide unemployment, workers' compensation and disability
benefits to workers on public works contracts
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 10 to read as follows:
3 10. Any contractor or subcontractor, or employee thereof, who is
4 damaged due to a bid submitted by such contractor or subcontractor
5 pursuant to this section not being accepted and the bid of another
6 contractor or subcontractor, who knowingly violates the provisions of
7 articles four and nine of the workers' compensation law and/or article
8 eighteen of this chapter, being accepted in lieu thereof shall have a
9 cause of action for damages against the contractor or subcontractor who
10 was awarded the contract. Such action may be brought in the supreme
11 court.
12 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04144-01-9
