Establishes a registration system for contractors and subcontractors engaged in public work projects in order to better enforce existing labor laws and regulations in the public works industry

2 Co-sponsors

• Timothy M. Kennedy
• George Latimer

Title of bill

An act to amend the labor law, in relation to establishing a registration system for contractors and subcontractors engaged in public work projects in order to better enforce existing labor laws and regulations in the public works industry

Purpose

This legislation creates a registration system for contractors that wish to bid on public works projects in New York. It would ensure public works contractors do not have previous labor law violations and will abide by New York labor laws and regulations, including prevailing wage requirements.

Summary of provisions

Section 1: Establishes a registration system for contractors and subcontractors that bid on "public works" in New York. It requires that contractors register with the Department of Labor and pay a registration fee. The contractor must disclose to the department information about its business including whether it's been disbarred in other states or at the federal level, any wage assessments, any labor law violations, and whether the contractor has an apprenticeship program. Once registered, the Department of Labor will issue a certificate of registration that must be presented to public entities when bidding on a project. The Commissioner of Labor is empowered to suspend or revoke a registration on a finding of wrong doing, with the option of criminal penalty. The bill creates a process for the finding of violations, the ability to issue penalties, and a process for the contractor to appeal the suspension or revocation.

Section 2: Establishes the effective date on the ninetieth day after it shall have become a law.

Justification

Public works projects in New York are governed by Article 8 of the New York Labor Law. Among other requirements, public work contractors are required to pay "prevailing wage" on public works projects. At times, public works contractors have been found to have violated the "prevailing wage" rates and/or other provisions of the Labor Law. Other states with similar systems have adopted a registration system for public works contractors to prevent bad actors from receiving contracts in the first place. This legislation would create a registration system in New York.

This legislation would create a system whereby any contractor wishing to bid on a public works project must register with the Department of Labor and pay a registration fee. It would provide the Department an opportunity to vet the contractor to see if they had any previous violations of the Labor Law, ensure only responsible contractors are allowed to bid on New York public works projects and enhance trust in government.

Legislative history

New Bill

Fiscal implications

To be determined.

Effective date

90 days after enactment. Effective immediately, however, the commissioner of labor shall promulgate rules and regulations necessary or appropriate to carry out the provisions of this act.