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S4309Senate2009-2010 SessionSame asA2143

Directs the commissioner of labor to calculate proper payment of supplements by an annualization methodology

Sponsor John A. DeFranciscoSD-50Affects Economy
Status
In Senate Committee
Labor
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Labor

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Sponsors

Primary sponsor
John A. DeFrancisco

Senator · Senate District 50

No co-sponsors yet.

History

  1. Referred to labor
  2. 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.

A2143Assembly

Directs the commissioner of labor to calculate proper payment of supplements by an annualization methodology

In Assembly Committee · Labor · Sponsor Brian Kolb

Full text

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

Sponsor's memo

Title of bill

An act to amend the labor law, in relation to directing the commissioner of labor to calculate proper payment of supplements by an annualization methodology

Purpose

Directs the Commissioner of Labor to direct that the proper payment of supplements shall be calculated by employing the annualization methodology utilized by the U.S. Department of Labor in such calculations under the Davis Bacon Act.

Summary of provisions

The bill adds a new subdivision 3-f to Section 220 of the Labor Law, dealing with contracts involving public work, to prevent employers from using public work as a disproportionate or exclusive source of funding for benefits that are in fact continuous in nature and are part of the regular compensation for all employee work whether public or private, the Commissioner shall direct that the proper payment of supplements be calculated using an annualization methodology. In order to protect workers and ensure consistency of application, the Commissioner shall employ the annualization methodology utilized by the U.S. Department of Labor in calculations under the Davis Bacon Act of 1931 40 USE 276 ET SEQ .ct.

Justification

The annualization method currently utilized by the Commissioner of Labor for calculating supplemental benefits which contractors are required to provide employees who work on private and public work projects forces contractors to either switch from providing employees with supplemental benefits (health insurance, pension, etc.) to cash payments of supplemental benefits or to pay workers at a higher overall supplement rate which includes time spent on private projects. In essence, the methodology currently utilized by the Commissioner extends the reach of the public work law to partially cover private work as well. The rate for supplements on private work projects should be determined through forces of the free market economy, rather than the rates required for public work projects. The methodology prescribed by the Commissioner of Labor frustrates the purpose of the prevailing wage law by extending it beyond public work. The federal methodology for annualization of benefits under the Davis Bacon Act is fair and does not penalize employers for doing both public and private work. As such, this legislation would make it clear that the method utilized by the federal government under the Davis Bacon Act is the method that should also be applied in this State.

Legislative history

S.5912/A.5704 - 2007-08

Fiscal implications

None.

Effective date

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

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