Requires the posting of a statement of wage rates and supplements; provides penalties for failure to do so

5 Co-sponsors

• Eric Adams
• Ruth Hassell-Thompson
• Velmanette Montgomery
• George Onorato
• Eric T. Schneiderman

Title of bill

An act to amend the labor law, in relation to making the failure to post a statement of wage rates and supplements subject to prosecution as a misdemeanor and subject to a civil penalty, and requiring maintenance and production on the job site of "sign-in" and "sign-out" sheets upon the request of the fiscal officer

Purpose or general idea of bill

Provides that the failure to post a statement of wages and supplements shall be subject to prosecution as a misdemeanor and subject to a civil Penalty.

Summary of specific provisions

Section one of the bill provides that the failure of a contractor or subcontractor to post the legally required statement of all wage rates and supplements would constitute a misdemeanor, subject to a fine of between $500 to $1000 for each offense. It further requires the contractor and sub contractors to maintain "sign in" and "sign out" sheets or other records reflecting the actual dates and times of work for all laborers, workers or mechanics employed on the project.

Section two of the bill provides the fiscal officer with the authority to require a contractor to file those "sign in" and "sign out" sheets within ten days of a request (a similar requirement is in place for payroll records). Failure to produce such records would result in withholding of payment of up to 25% of payment due up to $100,000.

Section three of the bill conforms the prevailing wage law so that the fiscal office has authority to investigate the posting and new record requirements.

Section four of the bill directs that the willful failure to post wage rates or maintain or produce records as required by the law shall constitute a willful violation of the prevailing wage law resulting in a civil penalty of not more than $500, and not more than $1,000 for each subsequent noncompliance.

Section five of the bill provides the fiscal officer with authority to order withholding of payments during an investigation of the new posting and record keeping requirement.

Section six includes these new record keeping and posting requirements within the violations which pertain to disqualification from bidding on public works jobs for two offenses.

Section seven of the bill conforms the misdemeanor penalty for the new offenses to current law.

Section eight amends section 233 of the labor law to require all contractors to maintain original sign-in and sign-out sheets or other records reflecting the actual dates and times of work, including arrival and departure times, of all building service employees employed on the site.

Sections nine - eleven of the hill similarly amend the labor law as it pertains to building service employees who are subject to the prevailing wage law under article nine of the labor law.

Justification

A strong deterrent is needed to ensure that employers adequately inform their employees of their rights to prevailing wage information. The misdemeanor penalty will be an incentive for employers to post prevailing wage information, as required by law. Sign in and Sign out sheets, or similar records are required to confirm actual working hours, as there have been Some instances where payroll records do not actually reflect hours worked or duties performed.

Legislative history

2007-08: S.3184-A Died - Labor Committee

Fiscal implications for state and local governments

Should result in stronger enforcement of the prevailing wage law and larger revenues in tax collections.

Effective date

This act shall take effect on the one hundred eightieth day after it shall have become a law.