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A5497Assembly2017-2018 SessionSame asS6075

Ban Wage Thieves from Contracts

Official title

“Relates to banning individuals who have violated wage theft laws from bidding on public works projects”

Sponsor Brian BarnwellAD-30Affects Economy
Status
In Assembly Committee
Labor
Impact
6/10
Moderate
Passage
0%

Bill progress

Step 2 of 7

In committee · Labor

What's happening

This bill bans individuals and entities found guilty of wage theft from bidding on or participating in public works contracts in New York.

Why it matters

  1. Strengthens accountability. by requiring all individuals and entities bidding on public works projects to fully disclose the names of their owners, managers, members, and stockholders, making it harder for those with a history of wage theft to hide behind complex business structures.

  2. Extends consequences for wage theft. beyond just individual punishment; anyone found guilty or debarred for wage theft is banned not only from bidding themselves but also from holding any ownership or management interest in companies that do.

  3. Provides for ongoing compliance. by banning companies from adding individuals found guilty of wage theft to their ownership or management at any point after a contract is awarded, with violations leading to immediate contract termination—ensuring accountability throughout the life of a public works project.

  4. Imposes permanent bans. on individuals found guilty of knowingly or intentionally committing wage theft, preventing them from participating in public works projects in any capacity, which could deter wage theft and influence industry behavior more broadly.

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Who cares

Headline styles

Ban Wage Thieves from Contracts

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Brian Barnwell

Assembly Member · Assembly District 30

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.

S6075Senate

Ban Wage Thieves from Contracts

In Senate Committee · Labor · Sponsor Marisol Alcantara

Impact 6 · Moderate0% to pass

Full text

2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

5497

2017-2018 Regular Sessions

IN ASSEMBLY

February 9, 2017

Introduced by M. of A. BARNWELL -- read once and referred to the Committee on Labor

AN ACT to amend the labor law, in relation to banning individuals who have violated wage theft laws from bidding on public works projects

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. The labor law is amended by adding a new section 224-a to read as follows:

§ 224-a. Prohibition against awarding public works project contracts due to wage theft. 1. For the purpose of this section, "wage theft" shall mean the denial of wages or employee benefits that are rightfully owed to an employee.

2. Before the awarding of a contract for any public works project, an individual; limited liability company; limited liability partnership; corporation; partnership or any other legal entity bidding on such public works project must reveal to the commissioner for review the full names of all members; managers; individuals; and/or stockholders of such limited liability company; limited liability partnership; corporation; partnership or any other legal entity or person bidding on such project.

3. A public works contract shall not be awarded to any person; limited liability company; limited liability partnership; corporation; partnership or any other legal entity, who has any members; managers; and/or stockholders who have interest in such legal entity, who has previously been found guilty and/or debarred for wage theft.

4. At no time after the awarding of a public works project, shall a person; limited liability company; limited liability partnership; corporation; partnership or any other legal entity authorize an individual as manager; member and/or stockholder who has ever been debarred and/or found guilty of wage theft to hold any interest in such legal entity. The violation of this subdivision shall result in the immediate termination of the contract.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD09315-02-7

A. 5497 2

5. Any individual person who knowingly or intentionally commits wage theft, shall permanently be barred from bidding themselves, or being a part; member; manager; and/or stockholder of any limited liability company, limited liability partnership, corporation, partnership or any other legal entity that bids on or is awarded any public works project.

§ 2. This act shall take effect immediately.

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

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