-  This bill is not active in this session.
 

S02766 Summary:

BILL NOS02766C
 
SAME ASSAME AS A03350-A
 
SPONSORRAMOS
 
COSPNSRADDABBO, BAILEY, BENJAMIN, BIAGGI, BRISPORT, BROOKS, COMRIE, GAUGHRAN, GOUNARDES, HINCHEY, HOYLMAN, JACKSON, LIU, MANNION, MATTERA, MAY, MAYER, MYRIE, PARKER, REICHLIN-MELNICK, RIVERA, RYAN, SALAZAR, SANDERS, SAVINO, SEPULVEDA, SERRANO, SKOUFIS, STAVISKY, THOMAS
 
MLTSPNSR
 
Add §198-e, Lab L; add §756-f, Gen Bus L
 
Provides that a contractor making or taking a construction contract shall assume liability for any debt resulting from making a wage claim, owed to a wage claimant or third party on the wage claimant's behalf, incurred by a subcontractor at any tier acting under, by, or for the contractor for the wage claimant's performance of labor; provides for wage theft prevention and enforcement.
Go to top    

S02766 Actions:

BILL NOS02766C
 
01/25/2021REFERRED TO LABOR
05/13/2021AMEND (T) AND RECOMMIT TO LABOR
05/13/2021PRINT NUMBER 2766A
05/18/20211ST REPORT CAL.1110
05/20/20212ND REPORT CAL.
05/24/2021ADVANCED TO THIRD READING
05/25/2021AMENDED ON THIRD READING 2766B
05/26/2021AMENDED ON THIRD READING 2766C
06/02/2021SUBSTITUTED BY A3350A
 A03350 AMEND=A Joyner
 01/22/2021referred to labor
 01/26/2021reported referred to codes
 01/26/2021reported referred to rules
 01/26/2021reported
 01/26/2021rules report cal.14
 01/26/2021ordered to third reading rules cal.14
 01/26/2021passed assembly
 01/26/2021delivered to senate
 01/26/2021REFERRED TO LABOR
 05/26/2021recalled from senate
 05/26/2021RETURNED TO ASSEMBLY
 05/26/2021vote reconsidered - restored to third reading
 05/26/2021amended on third reading (t) 3350a
 06/01/2021repassed assembly
 06/01/2021returned to senate
 06/01/2021REFERRED TO LABOR
 06/02/2021SUBSTITUTED FOR S2766C
 06/02/20213RD READING CAL.1110
 06/02/2021PASSED SENATE
 06/02/2021RETURNED TO ASSEMBLY
 09/03/2021delivered to governor
 09/06/2021signed chap.419
 09/06/2021approval memo.18
Go to top

S02766 Memo:

Memo not available
Go to top

S02766 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         2766--C
            Cal. No. 1110
 
                               2021-2022 Regular Sessions
 
                    IN SENATE
 
                                    January 25, 2021
                                       ___________
 
        Introduced  by Sens. RAMOS, ADDABBO, BAILEY, BENJAMIN, BIAGGI, BRISPORT,
          BROOKS, COMRIE, GAUGHRAN, GOUNARDES, HINCHEY, HOYLMAN,  JACKSON,  LIU,
          MANNION, MATTERA, MAY, MAYER, MYRIE, PARKER, REICHLIN-MELNICK, RIVERA,
          RYAN, SALAZAR, SANDERS, SAVINO, SEPULVEDA, SERRANO, SKOUFIS, STAVISKY,
          THOMAS  --  read  twice  and  ordered  printed, and when printed to be
          committed to the Committee on  Labor  --  committee  discharged,  bill
          amended,  ordered reprinted as amended and recommitted to said commit-
          tee -- reported favorably from said committee, ordered  to  first  and
          second  report,  ordered  to  a  third  reading,  amended  and ordered
          reprinted, retaining its place in the order of third reading --  again
          amended  and  ordered  reprinted,  retaining its place in the order of
          third reading
 
        AN ACT to amend the labor law and the general business law, in  relation
          to actions for non-payment of wages
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. The labor law is amended by adding a new section  198-e  to
     2  read as follows:
     3    §  198-e.  Construction industry wage theft. 1. A contractor making or
     4  taking a construction contract  shall  assume  liability  for  any  debt
     5  resulting  from an action under section one hundred ninety-eight of this
     6  article, owed to a wage claimant or third party on the  wage  claimant's
     7  behalf, incurred by a subcontractor at any tier acting under, by, or for
     8  the contractor or its subcontractors for the wage claimant's performance
     9  of labor.
    10    2.  No  agreement  or release by an employee or subcontractor to waive
    11  liability assigned to a contractor under this  section  shall  be  valid
    12  except  as  otherwise  provided herein.   The provisions of this section
    13  shall not be deemed to impair the rights of a contractor to maintain  an
    14  action  against a subcontractor for amounts for owed wages that are paid
    15  by a contractor pursuant to this section.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04456-12-1

        S. 2766--C                          2
 
     1    3. Notwithstanding any other provision of law, the remedies  available
     2  for  a  claim  pursuant to subdivision one of this section shall only be
     3  civil and administrative actions.
     4    4. In the case of a private civil action by an employee, such employee
     5  may  designate  any  person, organization or collective bargaining agent
     6  authorized to  file  a  complaint  with  the  commissioner  pursuant  to
     7  section  one  hundred ninety-six-a of this article, to make a wage claim
     8  on  his or her behalf.
     9    5. In the case of an action against a  subcontractor,  the  contractor
    10  shall  be  considered jointly and severally liable for any unpaid wages,
    11  benefits, wage supplements, and any other remedies available pursuant to
    12  the requirements of section one hundred ninety-eight of this article.
    13    6. Nothing herein shall preclude the attorney general from bringing  a
    14  civil  action to collect unpaid wages and penalties on behalf of employ-
    15  ees pursuant to this section.
    16    7. A contractor or any other person shall not evade, or commit any act
    17  that negates, the requirements of this section, provided, however,  that
    18  this section shall not be deemed to prohibit a contractor or subcontrac-
    19  tor from establishing by contract or enforcing any other lawful remedies
    20  against  a  subcontractor it hires for liability created by violation of
    21  this section, provided that such contract or arrangement does not dimin-
    22  ish the right of employees to bring an action under  the  provisions  of
    23  this section.
    24    8. As used in this section:
    25    a.  "Construction  contract" means a written or oral agreement for the
    26  construction, reconstruction, alteration, maintenance, moving or demoli-
    27  tion of any building, structure or improvement, or relating to the exca-
    28  vation of or other development or improvement to land. For  purposes  of
    29  this  section,  a  construction contract shall not include: any contract
    30  which is subject to article eight of this chapter;  a  home  improvement
    31  contract  for  the  performance  of  a  home  improvement between a home
    32  improvement contractor and the owner of an owner-occupied dwelling;  and
    33  a  home  construction  contract  for  one-  or two-family dwelling units
    34  except where such contract or contracts results in the  construction  of
    35  more than ten one- or two-family owner-occupied dwellings at one project
    36  site annually.
    37    b.  "Contractor"  means  any  person,  firm, partnership, corporation,
    38  association,  company,  organization  or  other  entity,   including   a
    39  construction manager, general or prime contractor, joint venture, or any
    40  combination  thereof,  which enters into a construction contract with an
    41  owner.
    42    c. "Owner" means any person, firm, partnership, corporation,  company,
    43  association  or  other organization or other entity, or a combination of
    44  any thereof, (with an ownership interest, whether the interest or estate
    45  is in fee, as vendee under a contract to purchase, as lessee or  another
    46  interest  or  estate less than fee) that causes a building, structure or
    47  improvement, new or existing,  to  be  constructed,  altered,  repaired,
    48  maintained,  moved  or demolished or that causes land to be excavated or
    49  otherwise developed or improved.
    50    d. "Subcontractor" means any person, firm,  partnership,  corporation,
    51  company,  association,  organization or other entity, or any combination
    52  thereof, which is a party to a contract with a contractor, and/or  party
    53  to  a  contract  with  the  contractor's  subcontractors  at any tier to
    54  perform any portion  of  work  within  the  scope  of  the  contractor's
    55  construction  contract with the owner, including where the subcontractor
    56  has no direct privity of contract with the contractor.

        S. 2766--C                          3
 
     1    9. Any liability assigned to a contractor pursuant to  the  provisions
     2  of  this  section  shall be applicable for any claims occurring no later
     3  than three years prior to the initiation of such claim  in  a  court  of
     4  competent  jurisdiction  or  the  commencement of a civil action brought
     5  forth  by  the  attorney  general  or department. The provisions of this
     6  section shall not be deemed to diminish, impair, or  otherwise  infringe
     7  on  any  other  rights of an employee provided pursuant to this chapter,
     8  including the right of an  employee  to  bring  an  action  against  any
     9  employer  under  the  provisions  of section one hundred ninety-eight of
    10  this article.
    11    10. Nothing in this section shall be deemed to  diminish  the  rights,
    12  privileges,  or remedies of any employee under any collective bargaining
    13  agreement. The provisions of this section may be waived by a  collective
    14  bargaining  agreement  with  a bona fide building and construction trade
    15  labor organization which has established itself, and/or its  affiliates,
    16  as  the collective bargaining representative for persons performing work
    17  on a project, provided that for  such  waiver  to  be  valid,  it  shall
    18  explicitly  reference this section.  Provided, however, that such waiver
    19  shall not diminish or impair the rights of an  employee  provided  under
    20  any other section of this chapter.
    21    § 2. The general business law is amended by adding a new section 756-f
    22  to read as follows:
    23    §  756-f.  Wage theft prevention and enforcement. 1. Upon request of a
    24  contractor, or a contractor's subcontractor, to any subcontractor  which
    25  performs  any  portion  of  work  within  the  scope of the contractor's
    26  construction contract with an owner, such  subcontractor  shall  provide
    27  certified  payroll  records  which,  at  a minimum, contain all lawfully
    28  required information required for all employees providing labor  on  the
    29  project.  Such  payroll  records shall contain sufficient information to
    30  apprise the contractor or subcontractor of such subcontractor's  payment
    31  status in paying wages and making any applicable fringe or other benefit
    32  payments  or  contributions  to  a third party on its employee's behalf.
    33  Payroll records shall be marked or redacted to an extent only to prevent
    34  disclosure of an individual's full  social  security  number  but  shall
    35  provide the last four digits of the social security number.
    36    2.  Upon  request of a contractor, or a contractor's subcontractor, to
    37  any subcontractor which performs any portion of work within the scope of
    38  the contractor's construction contract with an owner, such subcontractor
    39  shall provide: (a) the names of all workers of such subcontractor on the
    40  project, including the names of  all  those  designated  as  independent
    41  contractors;  (b)  when applicable, the name of the contractor's subcon-
    42  tractor with whom such subcontractor is under contract; (c)  the  antic-
    43  ipated contract start date; (d) the scheduled duration of work; (e) when
    44  applicable,  local  unions  with  whom such subcontractor is a signatory
    45  contractor; and (f) the name, address and phone number of a contact  for
    46  such subcontractor.
    47    3. Failure to timely comply with a request for information as provided
    48  herein  shall be a basis for a contractor to withhold payments owed to a
    49  subcontractor at any tier.
    50    4. Unless otherwise required by law,  a  contractor  or  subcontractor
    51  shall  not  communicate an individual's personal identifying information
    52  to the general public. For purposes of this section, "personal identify-
    53  ing information" shall have the same definition as provided for in para-
    54  graph (d) of subdivision one of section two hundred three-d of the labor
    55  law.

        S. 2766--C                          4

     1    5. For the purposes of this section, "contractor"  means  any  person,
     2  firm,  partnership,  corporation,  association, company, organization or
     3  other  entity,  including  a  construction  manager,  general  or  prime
     4  contractor, joint venture, or any combination thereof, which enters into
     5  a construction contract with an owner.
     6    6.  For  the purposes of this section, "owner" means any person, firm,
     7  partnership, corporation, company, association or other organization  or
     8  other entity, or a combination of any thereof, (with an ownership inter-
     9  est,  whether  the  interest  or  estate  is  in  fee, as vendee under a
    10  contract to purchase, as lessee or another interest or estate less  than
    11  fee)  that causes a building, structure or improvement, new or existing,
    12  to be constructed, altered, repaired, maintained, moved or demolished or
    13  that causes land to be excavated or otherwise developed or improved.
    14    7. For the purposes of this section, "subcontractor" means any person,
    15  firm, partnership, corporation, company,  association,  organization  or
    16  other entity, or any combination thereof, which is a party to a contract
    17  with  a  contractor,  and/or  party  to a contract with the contractor's
    18  subcontractors at any tier, to perform any portion of  work  within  the
    19  scope  of the contractor's construction contract with the owner, includ-
    20  ing where the subcontractor has no direct privity of contract  with  the
    21  contractor.
    22    § 3. Severability. If any provision of this act, or any application of
    23  any  provision of this act, is held to be invalid, that shall not affect
    24  the validity or effectiveness of any other provision of this act, or  of
    25  any  other  application of any provision of this act, which can be given
    26  effect without that provision or  application;  and  to  that  end,  the
    27  provisions and applications of this act are severable.
    28    § 4. This act shall take effect on the one hundred twentieth day after
    29  it  shall  have  become  a law and shall apply to construction contracts
    30  entered into, renewed, modified or amended on or  after  such  effective
    31  date.
Go to top

S02766 LFIN:

 NO LFIN
Go to top