Enacts the "charter schools construction fair wages act"

5 Co-sponsors

• Joseph P. Addabbo Jr.
• Tony Avella
• Phil Boyle
• Martin Malavé Dilan
• Jack M. Martins

BILL NUMBER:S3715

Title of bill

An act to amend the labor law and the education law, in relation to enacting the "charter schools construction fair wages act"

Purpose or general idea of bill

This would require that employees who build or care for and maintain charter schools are paid prevailing wages for their services.

Summary of specific provisions

Sections 1 and 2 of the bill amend section 220(2) of the labor law to extend prevailing wage requirements to public work projects by charter schools. Prevailing wage requirements would also be extended to leases, grants, bonds, covenants, debt agreements, and permits entered into for public work.

Section 3 of the bill amends subdivision 3(a) of section 2853 of the education law to require competitive bidding on charter school contracts and to require payment of prevailing wages for construction and building service work.

Section 4 of the bill establishes the effective date.

Existing law

Article 8 of the labor law requires the payment of prevailing wages for any public work contract entered into by the state, a public benefit corporation, a municipal corporation, or commission appointed by law, or by a third party acting in place of, on behalf of, or for the benefit of such public entity under any lease, permit or other agreement.

Article 9 of the labor law requires the payment of prevailing wages for work in connection with the care and maintenance of a building under a contract with a state or local public agency, a public benefit corpo- ration, public authority or board of education.

Section 2853(3)(a) of the education law establishes requirements for charter school facilities.

Legislative history

2012 - died in Labor Committee in both Houses. 2011 - died in Labor Committee in both Houses. 2010 - reported from Labor Committee, died in Finance; died in Assembly Labor.

Justification

Charter schools are publicly funded by the State and serve the important public purpose of educating children. Charter schools are now located throughout New York as a result of new construction or improvements to existing buildings performed by workers. Article 8 of the Labor Law and the State Constitution have long required the payment of prevailing wages for public work construction projects by state and local entities, including school districts and public univer- sities. Unfortunately, workers who build charter schools lack the same

prevailing wage and hour protections as employees who build other public work projects since Article B has not been amended to recognize this new form of public work. Similarly, employees who perform building service work at charter schools are denied the same prevailing wage protection afforded to other building service workers under Article 9 of the labor law. This legislation will ensure that these two groups of workers are provided the same basic prevailing wage protection as other employees who perform similar work. The construction contract would also be subject to the same competitive bidding requirements as other public work contracts in order to widen bidding opportunities for more contrac- tors in New York.

Effective date

This act shall take effect immediately.