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Sponsors
Senator · Senate District 61
2 Co-sponsors
History
- Referred to labor
- 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.
Relates to providing notification of prevailing wage violation allegations
In Assembly Committee · Labor · Sponsor Kenneth Zebrowski
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S5430
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 timely notification of allegations of underpayment by a sub-contractor 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 wage violations by sub-contractors only if they are notified within 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 liability 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 sub-contractors.
Prior legislative history
A.10838 of 2009-10.
Fiscal implications
None to the state.
Effective date
This act shall take effect on the sixtieth day after it shall become a law and shall be applicable to complaints of sub-contractor non-compliance filed on and after such effective date.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.