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A10838Assembly2009-2010 SessionSame asS8120

Relates to providing notification of prevailing wage violation allegations

Sponsor Kenneth ZebrowskiAD-94+2 co-sponsorsAffects Legal
Status
In Assembly Committee
Rules
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Rules

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Who cares

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Sponsors

Primary sponsor
Kenneth Zebrowski

Assembly Member · Assembly District 94

History

  1. Reported referred to rules
  2. Reported referred to codes
  3. Referred to labor

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

S8120Senate

Relates to providing notification of prevailing wage violation allegations

In Senate Committee · Labor · Sponsor Eric Adams

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

BILL NUMBER:A10838

Title of bill

An act to amend the labor law, in relation to providing notification of prevailing wage violation allegations

Purpose of the bill

This bill mandates that a contractor be given time- ly notification of allegations of underpayment by a subcontractor in order to hold that contractor liable. Notification must be given within one year of the violation.

Summary of provisions

Section one of the bill amends section 233 of the labor law by stating that contractors shall be liable for prevailing age, violations by sub contractors only if they are notified with one year of the violation.

Section 2 of the bill amends section 740 of the labor law as it relates to the notice.

Section 3 relates to the effective date.

Justification

Currently a contractor can be held liable for a wage violation committed by a sub contractor regardless of the amount of time that has passed since the alleged violation. Therefore, a contractor may have finished the job and paid the subcontractor in full before they have any idea that a worker has been underpaid. Such open-ended liabil- ity prevents contractors from conducting a proper investigation and/or withholding final payment. A one year limit both protects the contractor and the worker from unscrupulous subcontractors.

Prior legislative history

New Bill.

Fiscal implications for state

None.

Effective date

This act shall take effect immediately.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.