Subjects all projects financed, in whole or in part, through certain public entities, to hours, wages and supplements contract requirements

8 Co-sponsors

• Eric Adams
• John J. Bonacic
• Neil D. Breslin
• Ruth Hassell-Thompson
• Shirley L. Huntley
• George Onorato
• Suzi Oppenheimer
• Toby Ann Stavisky

Title of bill

An act to amend the labor law, in relation to hours, wages and supplements for work on public work projects and the definition of public work

Purpose or general idea of bill

Subjects all projects financed, in whole or in part, through certain public entities, to hours, wages and supplements contract requirements.

Summary of specific provisions

Section 1 & 2 of the bill amends section 220 of the labor law, to include all projects involving the construction, demolition, reconstruction, excavation, rehabilitation, repair, renovation or alteration of a building, charter school or improvement to property financed, in whole or in part, through an industrial development agency, job development authority, or similar public entity to within those public entities which are subject to article 8 of the labor law.

Section 3 of the bill defines "public work" to include all work performed under each contract to which the state or a public benefit corporation or municipal corporation or a commissioner appointed pursuant to law, is a party. This would include all projects financed, in whole or in part, through an industrial development agency; job development authority, dormitory authority, correctional authority or similar public entity and which may involve the employment of laborers, workmen or mechanics. "Public work" would include all construction, renovation, or rehabilitation of buildings or property by a private owner or developer or not for profit entity or charter school that is performed in conjunction with a state or public grant or pursuant to an agreement for the purchase or leasing of such buildings or property by the state or a public benefit corporation, or a municipal corporation, or a commission appointed pursuant to law, including industrial development agencies, job development authorities, dormitory authorities, correctional authorities, or similar entities.

Justification

The constitution of our state establishes that it is the public policy of New York to pay the prevailing wage to those working on state financed construction projects, so as not to undermine the cost of local labor. In spite of this policy any number of publicly financed projects are not presently subject to the public works law due to judicial interpretation of the prevailing wage law. Judicial interpretation has focused more on the public purpose of the project than on the funding source, thus undermining the law's original intent. The case Kelo v. City of New London (545 U.S. 469) in 2005 recognized public work projects to be more expansive and open, in allowing construction of housing property and further job creation. This bill would remedy the present law by adding a clear definition of "public work" subject to this article.

Prior legislative history

New bill.

Fiscal implications

None.

Effective date

This act shall take effect immediately.