-  This bill is not active in this session.
 

A02101 Summary:

BILL NOA02101A
 
SAME ASSAME AS S05679-A
 
SPONSORWoerner
 
COSPNSRD'Urso, Sayegh, Arroyo, Stirpe, Santabarbara, Lupardo, Ramos, Lifton, Burke, Cruz, Blake, Gottfried, Frontus, Glick, Griffin, Darling, Reyes
 
MLTSPNSRDeStefano
 
Amd §220, Lab L
 
Relates to additional information provided to employees on public work contracts, including supplements.
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A02101 Actions:

BILL NOA02101A
 
01/22/2019referred to labor
05/14/2019amend and recommit to labor
05/14/2019print number 2101a
06/04/2019reported referred to codes
06/11/2019reported referred to rules
06/13/2019reported
06/13/2019rules report cal.243
06/13/2019ordered to third reading rules cal.243
06/18/2019passed assembly
06/18/2019delivered to senate
06/18/2019REFERRED TO RULES
06/20/2019SUBSTITUTED FOR S5679A
06/20/20193RD READING CAL.1824
06/20/2019PASSED SENATE
06/20/2019RETURNED TO ASSEMBLY
12/17/2019delivered to governor
12/26/2019signed chap.744
12/26/2019approval memo.89
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A02101 Committee Votes:

LABOR Chair:Crespo DATE:06/04/2019AYE/NAY:26/2 Action: Favorable refer to committee Codes
CrespoAyeBrabenecAye
AbbateAyeDiPietroAye
PerryAyeByrneAye
OrtizAyeMorinelloNay
ColtonAyeLawrenceNay
BenedettoAyeDeStefanoAye
HevesiAyeManktelowAye
MillerAyeSchmittAye
BronsonAye
RodriguezAye
DenDekkerAye
RozicAye
SimonAye
SteckAye
JoynerAbsent
BarnwellAye
RichardsonAye
RosenthalAye
CruzAye
ReyesAye
De La RosaAye

CODES Chair:Lentol DATE:06/11/2019AYE/NAY:22/0 Action: Favorable refer to committee Rules
LentolAyeRaAye
SchimmingerAyeGiglioAye
PretlowAyeMontesanoAye
CookAyeMorinelloAye
CymbrowitzAyePalumboAye
O'DonnellAyeGarbarinoAye
BenedettoAye
PerryAye
ZebrowskiAye
AbinantiAye
WeprinAye
MosleyAye
De La RosaAye
FahyAye
SeawrightAye
RosenthalAye

RULES Chair:Gottfried DATE:06/13/2019AYE/NAY:26/0 Action: Favorable
HeastieExcusedKolbAye
GottfriedAyeCrouchAye
LentolAyeFinchAye
GanttExcusedBarclayAye
NolanExcusedRaiaAye
WeinsteinAyeHawleyAye
OrtizAyeGiglioAye
PretlowAyeMalliotakisAye
CookExcused
GlickAye
AubryAye
EnglebrightAye
DinowitzAye
ColtonAye
MagnarelliAye
PerryAye
PaulinAye
TitusAye
Peoples-StokesExcused
BenedettoAye
LavineAye
LupardoAye
ZebrowskiAye

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A02101 Floor Votes:

DATE:06/18/2019Assembly Vote  YEA/NAY: 124/24
Yes
Abbate
Yes
Crespo
ER
Gantt
Yes
LiPetri
Yes
Perry
Yes
Simon
Yes
Abinanti
Yes
Crouch
Yes
Garbarino
Yes
Lupardo
Yes
Pheffer Amato
Yes
Simotas
Yes
Arroyo
Yes
Cruz
No
Giglio
Yes
Magnarelli
Yes
Pichardo
Yes
Smith
No
Ashby
Yes
Cusick
Yes
Glick
No
Malliotakis
Yes
Pretlow
No
Smullen
Yes
Aubry
Yes
Cymbrowitz
No
Goodell
No
Manktelow
Yes
Quart
Yes
Solages
Yes
Barclay
Yes
Davila
Yes
Gottfried
Yes
McDonald
Yes
Ra
Yes
Stec
Yes
Barnwell
Yes
De La Rosa
Yes
Griffin
Yes
McDonough
Yes
Raia
Yes
Steck
Yes
Barrett
Yes
DenDekker
Yes
Gunther
Yes
McMahon
Yes
Ramos
Yes
Stern
Yes
Barron
No
DeStefano
No
Hawley
Yes
Mikulin
Yes
Raynor
Yes
Stirpe
Yes
Benedetto
Yes
Dickens
Yes
Hevesi
No
Miller B
Yes
Reilly
No
Tague
Yes
Bichotte
Yes
Dilan
Yes
Hunter
Yes
Miller MG
Yes
Reyes
Yes
Taylor
Yes
Blake
Yes
Dinowitz
Yes
Hyndman
Yes
Miller ML
Yes
Richardson
Yes
Thiele
Yes
Blankenbush
No
DiPietro
Yes
Jacobson
No
Montesano
Yes
Rivera
ER
Titus
Yes
Brabenec
Yes
D'Urso
Yes
Jaffee
Yes
Morinello
Yes
Rodriguez
Yes
Vanel
Yes
Braunstein
Yes
Eichenstein
Yes
Jean-Pierre
Yes
Mosley
Yes
Romeo
No
Walczyk
Yes
Bronson
Yes
Englebright
No
Johns
Yes
Niou
Yes
Rosenthal D
Yes
Walker
Yes
Buchwald
Yes
Epstein
Yes
Jones
Yes
Nolan
Yes
Rosenthal L
Yes
Wallace
Yes
Burke
Yes
Fahy
Yes
Joyner
No
Norris
Yes
Rozic
No
Walsh
Yes
Buttenschon
Yes
Fall
Yes
Kim
Yes
O'Donnell
Yes
Ryan
Yes
Weinstein
Yes
Byrne
Yes
Fernandez
No
Kolb
Yes
Ortiz
No
Salka
Yes
Weprin
No
Byrnes
Yes
Finch
No
Lalor
Yes
Otis
Yes
Santabarbara
Yes
Williams
Yes
Cahill
No
Fitzpatrick
Yes
Lavine
No
Palmesano
Yes
Sayegh
Yes
Woerner
Yes
Carroll
No
Friend
No
Lawrence
Yes
Palumbo
Yes
Schimminger
Yes
Wright
Yes
Colton
Yes
Frontus
Yes
Lentol
Yes
Paulin
Yes
Schmitt
Yes
Zebrowski
Yes
Cook
Yes
Galef
Yes
Lifton
Yes
Peoples-Stokes
Yes
Seawright
Yes
Mr. Speaker

‡ Indicates voting via videoconference
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A02101 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A2101A
 
SPONSOR: Woerner
  TITLE OF BILL: An act to amend the labor law, in relation to addi- tional information provided to employees on public work contracts   PURPOSE OR GENERAL IDEA OF BILL: The purpose of this bill is to increase transparency with regard to supplemental benefits paid to employees on public work contracts.   SUMMARY OF PROVISIONS: Section one would require the Commissioner of the Department of Labor to require proof that any plan, program, or benefit for any supplement paid or provided to an employee is qualified as a bona fide plan, program, or benefit pursuant to state or federal law. Section two would require the contractor and every subcontractor on a public works contract to notify all laborers, workers, and mechanics on such project of the amounts paid per hour for each supplement to be provided for their particular job classification. Such notification would be required to be provided upon hire and in the language identi- fied by the employee as his or her primary language, as well as in English. Contractors and subcontractors would also be required to set forth the amounts paid per hour for each supplement provided as part of employees' original payrolls and transcripts. In addition, each contractor and subcontractor would be required to submit to the Commissioner and/or the fiscal officer a transcript of the original payroll record, and any additional information deemed appropriate, within 30 days of its first payroll and annually thereafter. Section three would set forth that the fiscal officer may, and on the written request of any interested party shall, require and furnish proof that that any plan, program, or benefit for which any supplement has been paid or provided is qualified as a bona fide plan, program, or benefit pursuant to state and federal law.   DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE): This bill was amended to require that notifications be provided to each laborer, worker, or mechanic in his or her primary language, as well as in English, and to authorize the fiscal officer to prepare dual-language templates to assist contractors and subcontractors in complying with such requirements.   JUSTIFICATION: The New York State Constitution and the New York State Labor Law set forth that laborers, workers, and mechanics performing on any public work contract must be paid the prevailing wage for his or her specific position or title in the same trade or occupation in the region of the State where the public work is being performed. This includes the prevailing rate of wages and supplements. While contractors and subcontractors on public work projects are required to provide prevailing wage rates consistent with the schedules set forth by the appropriate fiscal officer, it is not always ensured that the supplements provided to employees are accurate and legitimate. This legislation would not only increase transparency with regard to the supplements being provided to employees, but also ensure that contrac- tors and subcontractors are held accountable for the information they provide to such workers.   PRIOR LEGISLATIVE HISTORY: 2018: A.11045-A (Woerner) - Ordered to Third Reading   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None to the State.   EFFECTIVE DATE: This bill would take effect 180 days after enactment.
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A02101 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         2101--A
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 22, 2019
                                       ___________
 
        Introduced  by  M. of A. WOERNER, D'URSO, SAYEGH, ARROYO, STIRPE, SANTA-
          BARBARA, LUPARDO, RAMOS -- Multi-Sponsored by -- M. of A. DeSTEFANO --
          read once  and  referred  to  the  Committee  on  Labor  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee

        AN  ACT  to  amend  the labor law, in relation to additional information
          provided to employees on public work contracts
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1. Paragraph (e) of subdivision 3 of section 220 of the labor
     2  law, as amended by chapter 7 of the laws of 2008, is amended to read  as
     3  follows:
     4    (e)  The commissioner shall ensure that all supplements due under this
     5  article shall be paid to or on behalf of an employee.  (i)  The  commis-
     6  sioner  shall  require proof that the pension plan for which any supple-
     7  ment has been paid is qualified as a bona fide plan by the United States
     8  internal revenue service. Acceptable proof shall be shown by  submission
     9  of  a  determination letter issued by the United States internal revenue
    10  service. (ii) The commissioner shall  also  require  any  contractor  or
    11  subcontractor  who provides any supplement which is part of a fund, plan
    12  or program to furnish to the commissioner proof that the  supplement  is
    13  provided  through  a fund, plan or program and the amount contributed on
    14  the employees' behalf to such fund, plan or program.
    15    § 2. Subparagraphs (ii) and (iii) of paragraph a of subdivision 3-a of
    16  section 220 of the labor law, subparagraph (ii) as separately amended by
    17  chapters 7 and 63 of the laws of 2008 and subparagraph (iii) as  amended
    18  by chapter 8 of the laws of 2008, are amended to read as follows:
    19    (ii) The contractor and every sub-contractor on public works contracts
    20  shall  post  in  a  prominent and accessible place on the site where the
    21  work is performed a legible statement of all wage rates and  supplements
    22  as specified in the contract to be paid or provided, as the case may be,
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06045-03-9

        A. 2101--A                          2
 
     1  for  the  various classes of mechanics, workers, or laborers employed on
     2  the work. Such posted statement shall be written in  plain  English  and
     3  titled, in lettering no smaller than two inches in height and two inches
     4  in width, with the phrase "Prevailing Rate of Wages". Such posted state-
     5  ment  shall  be constructed of materials capable of withstanding adverse
     6  weather conditions. The contractor and every sub-contractor shall notify
     7  all laborers, workers or mechanics in their employ  in  writing  of  the
     8  prevailing rate of wage and supplements for their particular job classi-
     9  fication.  Such  notification shall be given to every laborer, worker or
    10  mechanic upon hire, on their first pay stub  and  with  every  pay  stub
    11  thereafter,  and  shall  set  forth  the  amounts paid per hour for each
    12  supplement provided for his or  her  particular  job  classification  in
    13  accordance  with  the  schedules determined by the fiscal officer.  Such
    14  notification shall be provided in English and in the language identified
    15  by such laborer, worker, or mechanic as his or her primary language.  At
    16  the beginning of performance of every public works  contract,  and  with
    17  the  first  paycheck  after  July first of each year, the contractor and
    18  every sub-contractor shall notify all laborers, workers,  and  mechanics
    19  in their employ in writing, in English and in the language identified by
    20  each  laborer,  worker,  and mechanic as his or her primary language, in
    21  accordance with such form as is prescribed by the fiscal officer, of the
    22  telephone number and address for the fiscal officer.  The  notice  shall
    23  also  inform  each  laborer,  worker, or mechanic of his or her right to
    24  contact the fiscal officer or some other representative if, at any  time
    25  while  working  for the public works contractor or sub-contractor, he or
    26  she does not receive the proper prevailing rate of wages or  supplements
    27  for  his or her particular job classification that he or she is entitled
    28  to receive under the contract. If after investigation the fiscal officer
    29  finds that a contractor or sub-contractor has  (1)  failed  to  post  or
    30  provide  any  notice  required  under this subdivision, including having
    31  failed to provide any such notice in  the  language  identified  by  any
    32  laborer,  worker, or mechanic as his or her primary language, (2) failed
    33  to set forth the prevailing wage or the breakdown of supplements on  the
    34  pay stub, (3) [wilfully] willfully posted the incorrect prevailing wage,
    35  or  (4)  [wilfully] willfully set forth the incorrect prevailing wage or
    36  the amounts paid per hour for each  supplement  on  the  pay  stub,  the
    37  fiscal  officer[,]  shall, by an order which shall describe particularly
    38  the nature of the alleged violation, assess the contractor  or  sub-con-
    39  tractor  a  civil  penalty of not more than fifty dollars upon the first
    40  finding of a violation, two hundred fifty dollars upon the second  find-
    41  ing  of  a  violation,  and  five  hundred  dollars  for each subsequent
    42  violation. In assessing the amount of the penalty,  the  fiscal  officer
    43  shall give due consideration to the size of the employer's business, the
    44  good faith of the employer, and the gravity of the violation.
    45    The  fiscal  officer  shall  prepare  templates  that  comply with the
    46  notification requirements of this subparagraph. Each such template shall
    47  be dual-language, including English and  one  additional  language.  The
    48  fiscal  officer  shall  determine,  in  his  or  her  discretion,  which
    49  languages to provide in addition to English, based on the  size  of  the
    50  New York state population that speaks each language and any other factor
    51  that the fiscal officer shall deem relevant. All such templates shall be
    52  posted  on the fiscal officer's website and made available for download-
    53  ing by contractors and subcontractors.  When  any  laborer,  worker,  or
    54  mechanic  identifies  his  or her primary language and a template is not
    55  made available by the fiscal officer in that language, the contractor or
    56  subcontractor shall comply with  this  subparagraph  by  providing  such

        A. 2101--A                          3
 
     1  laborer,  worker,  or mechanic an English-language notice or acknowledg-
     2  ment. A contractor or subcontractor shall not be penalized for errors or
     3  omissions in the non-English portions of  any  notice  provided  by  the
     4  fiscal  officer.  The  fiscal  officer shall have discretion to waive or
     5  alter the notification requirements of this subparagraph  for  temporary
     6  help firms as defined in section nine hundred sixteen of this chapter.
     7    (iii)  The  contractor  and  every  sub-contractor shall keep original
     8  payrolls or transcripts thereof, subscribed and sworn to or affirmed  by
     9  him  or  her  as  true under the penalties of perjury, setting forth the
    10  names and addresses and showing for each worker,  laborer,  or  mechanic
    11  the hours and days worked, the occupations worked, the hourly wage rates
    12  paid  and the supplements paid or provided. Such payrolls or transcripts
    13  thereof shall also set forth the amounts paid per hour for each  supple-
    14  ment  provided in accordance with the schedules determined by the fiscal
    15  officer. Where the contractor or  sub-contractor  maintains  no  regular
    16  place of business in New York state and where the amount of the contract
    17  is in excess of twenty-five thousand dollars such payrolls shall be kept
    18  on the site of the work.  All other contractors or sub-contractors shall
    19  produce  within  five days on the site of the work and upon formal order
    20  of the  commissioner  or  his  or  her  designated  representative  such
    21  original  payrolls  or  transcripts  thereof, subscribed and sworn to or
    22  affirmed by him or her as true under the penalties of perjury, as may be
    23  deemed necessary to adequately enforce the provisions of  this  article.
    24  Every  contractor, and sub-contractor, shall submit to the department of
    25  jurisdiction within thirty days after issuance of its first payroll, and
    26  every thirty days thereafter,  a  transcript  of  the  original  payroll
    27  record, as provided by this article, subscribed and sworn to or affirmed
    28  as  true  under  the penalties of perjury.  Every contractor and subcon-
    29  tractor shall submit to the commissioner, and  to  the  fiscal  officer,
    30  when  the  fiscal officer is a city comptroller or other analogous offi-
    31  cer, within thirty days of its first payroll, and annually thereafter, a
    32  transcript of the original payroll record, subscribed and  sworn  to  or
    33  affirmed  as  true under the penalties of perjury, including, documenta-
    34  tion of each fund, plan, or program for which any  supplement  has  been
    35  paid  or  provided. Such transcripts and additional information shall be
    36  provided on a  form  promulgated  by  the  department.  Any  person  who
    37  [wilfully] willfully fails to file such payroll records with the depart-
    38  ment of jurisdiction, commissioner, or the fiscal officer shall be guil-
    39  ty of a class E felony. In addition, any person who [wilfully] willfully
    40  fails  to  file  such  payroll records within the time specified in this
    41  subparagraph shall be subject to a civil penalty of up to  one  thousand
    42  dollars per day.
    43    §  3.  Subdivision  6  of  section 220 of the labor law, as amended by
    44  chapter 230 of the laws of 1984, is amended to read as follows:
    45    6. The fiscal officer[,] may, and on the written request of any inter-
    46  ested person shall, require any person or  corporation  performing  such
    47  public  work  to  file with such fiscal officer schedules of the supple-
    48  ments to be provided and wages to be paid to such laborers,  workmen  or
    49  mechanics,  including  information  regarding the amounts to be paid per
    50  hour for each supplement provided for each  particular  job  classifica-
    51  tion.  The  fiscal officer may, and on the written request of any inter-
    52  ested party shall, require and furnish proof of any supplements provided
    53  or amounts paid to or on behalf of laborers, workers,  or  mechanics  in
    54  satisfaction  of  the  obligation  to  provide  supplements  under  this
    55  section. Any such person or corporation shall, within ten days after the
    56  receipt of written notice of such  requirement,  file  with  the  fiscal

        A. 2101--A                          4
 
     1  officer such schedules of wages and supplements. An employer may contest
     2  a determination by the fiscal officer under paragraphs a and c of subdi-
     3  vision  five  of  this  section.  The  employer must allege and prove by
     4  competent  evidence,  that the actual percentage of workers, laborers or
     5  mechanics is below the required thirty per centum and during the penden-
     6  cy of any such contest and until final determination thereof,  the  work
     7  in question shall proceed under the rate established by the fiscal offi-
     8  cer.
     9    § 4. This act shall take effect on the one hundred eightieth day after
    10  it shall have become a law and shall only apply to public work contracts
    11  entered into on or after such effective date.
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A02101 LFIN:

 NO LFIN
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A02101 Chamber Video/Transcript:

6-17-19Video (@ 08:03:20)Transcript pdf Transcript html
6-18-19Video (@ 02:28:19)Transcript pdf Transcript html
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