What's happening
This bill requires the state to resolve prevailing wage violation investigations within six months of receiving all necessary records.
Why it matters
Creates a clear timeline for investigations. By requiring resolution within six months of receiving all necessary records, the bill sets a predictable timeline that prevents investigations from dragging on indefinitely, giving both workers and employers more certainty about outcomes.
Encourages faster submission of documentation. Since the six-month clock starts only once all required records are received, both employers and the state have an incentive to promptly gather and provide the necessary information, potentially speeding up the entire process.
Limits prolonged unresolved wage claims. Workers who file prevailing wage complaints often wait long periods for resolution, which can delay owed payments or corrective action. This bill aims to reduce those delays and improve enforcement of wage laws, potentially increasing trust in the system.
May impact contractor compliance and public works. By setting a definitive deadline, contractors and subcontractors may face more timely investigations and enforcement actions, possibly leading to greater compliance with wage laws on public projects and affecting how they manage payroll documentation.
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Who cares
Public works laborers and mechanics
The bill would require fiscal officers, upon receiving all required records, to take all reasonable steps to resolve prevailing wage investigations expeditiously within the existing six-month timeframe.
Employee organizations filing prevailing wage complaints
The bill would qualify the six-month disposition requirement by tying the duty to act expeditiously to receipt of all required records.
Public works contractors and subcontractors
The bill would change the timing language governing investigations into their wage, supplement and hours-of-work practices.
Fiscal officers enforcing prevailing wage law
The bill would replace the unqualified duty to issue a disposition within six months with a duty, upon receipt of all required records, to take all reasonable steps to do so expeditiously.
Headline styles
Set Timeline for Wage Investigations
Plain English, a few words. Used as the page title.
Sponsors
11 Co-sponsors
2 Multi-sponsors
History
- Referred to labor
- Referred to labor
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
7240
2019-2020 Regular Sessions
IN ASSEMBLY
April 18, 2019
Introduced by M. of A. REYES -- read once and referred to the Committee on Labor
AN ACT to amend the labor law, in relation to establishing a time schedule for prevailing wage violation claims
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 7 of section 220 of the labor law, as amended by chapter 7 of the laws of 2008, is amended to read as follows:
7. Compliance investigations. The fiscal officer as herein defined shall on a verified complaint in writing of any person interested or of any employee organization pursuant to subdivision eight-d of this section, and may on his own initiative cause a compliance investigation to be made to determine whether the contractor or a subcontractor has paid the prevailing rate of wages and prevailing practices for supplements in the same trade or occupation in the locality within the state where such public work is being performed, or the hours of labor performed by the workmen, laborers and mechanics employed on such public work, or both. The fiscal officer or his agents, examiners and inspectors may examine or cause to be examined the books and records pertaining to the rate of wages paid and supplements provided to the laborers, workmen and mechanics on said public work and the hours of labor performed by such laborers, workmen and mechanics on said public work. The fiscal officer in such investigation shall be deemed to be acting in a judicial capacity, and shall have the right to issue subpoenas, administer oaths and examine witnesses. The enforcement of a subpoena issued under this section shall be regulated by the civil practice law and rules. [Such] Upon receipt of all records required under this article for such investigation, the fiscal officer shall take all reasonable steps to expeditiously make either an order, determination or any other disposition, including but not limited to an agreed upon settlement and/or stipulation, within six months from the date of filing of such
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11158-01-9
A. 7240 2
verified complaint, and where a compliance investigation is made without the filing of a verified complaint, within six months from the date a compliance investigation is initiated by such fiscal officer. Upon the making of said order or determination, or upon arriving at such agreed upon settlement and/or stipulation, a copy thereof shall be sent by certified mail, return receipt requested, by the fiscal officer: (i) to the person and employee organization, if any, who or which initiated the complaint, (ii) to the person or corporation, if any, against whom the complaint was brought, and (iii) where a compliance investigation is made without the filing of a complaint, to the person who or which was the subject of the compliance investigation.
§ 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.