Skip to content
S5109Senate2009-2010 SessionSame asA392

Creates an action for damages against a contractor for failure to pay prevailing wages or taxes, contributions, assessments, or benefits

Sponsor Diane J. SavinoSD-23Affects Economy
Status
In Senate Committee
Labor
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Labor

What's happening

Writing a plain-English summary… Track this bill to get it by email.

Why it matters

The daily · weekday mornings

Albany, before your first meeting.

Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.

Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.

Who cares

Headline styles

Sponsors

Primary sponsor
Diane J. Savino

Senator · Senate District 23

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.

A392Assembly

Creates an action for damages against a contractor for failure to pay prevailing wages or taxes, contributions, assessments, or benefits

In Assembly Committee · Labor · Sponsor Susan John

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 an action for damages against a contractor for failure to pay prevailing wages or taxes, contributions, assessments or benefits

Purpose or general idea of bill

To allow losing bidders to seek damages against a winning bidder for not complying with the labor law.

Summary of specific provisions

Any losing bidder can notify that they intend to bring an action against a winning contractor if they notify the Department of Labor. The notification includes three specifications that must be included. If no other losing bidder notifies the DOL then that losing bidder has sole right to bring an action against the winning contractor. If more than one losing bidder notifies the DOL then the losing bidder who was closest to getting the contract will have the right to the action against the winning contractor. If the winning contractor willfully failed to pay, prevailing wages or taxes, contributions, assessments or benefits, then the losing bidder could get up to three times the damages.

Justification

The Empire State Regional Council of Carpenters have been experiencing problems related to contractors who are not complying with Article 8 of the Labor Law. Winning bidders who fail to pay prevailing wages or taxes, contributions, assessments or benefits are not bidding on a level playing field. There may or may not be an intention by the winning contractor to submit the lowest bid because they do not intend to pay prevailing wages or taxes, contributions, assessments or benefits. This legislation would hinder bad actors by holding them accountable to pay three times the damages for failure to pay prevailing wages or taxes, contributions, assessments or benefits.

Prior legislative history

A8706 of 2003-04: Passed Assembly A2676 of 2005-06: Passed Assembly A3629A of 2007-08: Passed Assembly

Fiscal implications

None.

Effective date

Immediately.

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