Relates to the protection of owner-drivers on public works projects.
TITLE OF BILL:
An act to amend the labor law, in relation to the protection of owner-drivers
SUMMARY OF PROVISIONS:
Section 1 of the bill adds a new º220-i to the the Labor Law providing for the protection of owner-drivers.
There is reported to be an increased utilization of owner-drivers as defined in the legislation, in connection with on-site work on state and local public works projects and the delivery and/or removal of materials from such projects.
Such utilization of owner-drivers has had the effect, in many cases, of undermining prevailing wages and overall workplace standards applicable to such work projects.
This provision is being implemented to ensure that appropriate prevailing wage and overall workplace standards are maintained on public work projects for both owner-drivers and all other drivers employed by contractors and subcontractors on state and local public works projects.
PRIOR LEGISLATIVE HISTORY:
2006: Senate 3rd Reading Calendar. 2007-08: Senate Labor Cmte. 2009-10: S.4177 Labor Cmte.
Expected to be negligible.
This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 4693 2011-2012 Regular Sessions IN SENATE April 14, 2011 ___________Introduced by Sen. FLANAGAN -- read twice and ordered printed, and when printed to be committed to the Committee on Labor AN ACT to amend the labor law, in relation to the protection of owner- drivers THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The labor law is amended by adding a new section 220-i to read as follows: S 220-I. PROTECTION OF OWNER-DRIVERS. 1. FOR THE PURPOSES OF THIS SECTION, OWNER-DRIVER SHALL MEAN A PERSON WHO IS ENGAGED BY A CONTRACTOR OR SUBCONTRACTOR TO WORK ON-SITE ON A STATE OR LOCAL PUBLIC WORKS PROJECT, OR TO DELIVER AND/OR REMOVE MATERIAL TO OR FROM ANY SUCH PROJECT, AND WHO UTILIZES A VEHICLE THAT HE OR SHE OWNS OR LEASES FOR THE PURPOSE OF PERFORMING THIS WORK. 2. THE GENERAL CONTRACTOR ON ANY STATE OR LOCAL PUBLIC WORKS PROJECT SHALL BE RESPONSIBLE AS FOLLOWS WITH RESPECT TO AN OWNER-DRIVER UTILIZED ON ANY SUCH PROJECT BY THE GENERAL CONTRACTOR DIRECTLY OR INDIRECTLY BY ANY SUBCONTRACTOR ENGAGED TO PERFORM SERVICES AS SET FORTH HEREIN IN CONNECTION WITH ANY SUCH PROJECT: A. THE GENERAL CONTRACTOR SHALL CERTIFY ON A WEEKLY BASIS TO THE APPLICABLE CONTRACTING STATE OR LOCAL AUTHORITY THAT EACH OWNER-DRIVER HAS RECEIVED A SEPARATE CHECK FOR: (I) WAGES; (II) TRUCK RENTAL; AND (III) FOR ANY REQUIRED FRINGE BENEFITS PAYABLE DIRECTLY TO THE OWNER- DRIVER. B. THE GENERAL CONTRACTOR SHALL CERTIFY ON A WEEKLY BASIS TO THE APPLICABLE STATE OR LOCAL AUTHORITY THAT ANY FRINGE BENEFIT PAYMENTS REQUIRED TO BE MADE ON BEHALF OF EACH OWNER-DRIVER TO ANY FRINGE BENEFIT TRUST FUND OR SIMILAR ENTITY HAVE BEEN MADE IN THE TIME AND MANNER REQUIRED BY CONTRACT OR OTHERWISE.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10891-01-1 S. 4693 2
C. THE GENERAL CONTRACTOR SHALL CERTIFY ON A WEEKLY BASIS TO THE APPLICABLE STATE OR LOCAL AUTHORITY THAT EACH OWNER-DRIVER IS COVERED BY WORKERS' COMPENSATION AND DISABILITY INSURANCE. D. THE GENERAL CONTRACTOR SHALL BE REQUIRED TO MAINTAIN ALL APPROPRI- ATE RECORDS, INCLUDING BUT NOT LIMITED TO PAY STUBS, AND OTHER RECORDS OF PAYMENT AND INSURANCE COVERAGE, THAT FORM THE BASIS FOR THE CERTIF- ICATIONS REQUIRED HEREIN. 3. ANY GENERAL CONTRACTOR WHO FAILS TO COMPLY WITH THE CERTIFICATION AND RECORDKEEPING REQUIREMENTS IN THIS SECTION SHALL BE BARRED FROM BIDDING ON AND/OR WORKING ON ANY STATE OR LOCAL PUBLIC WORKS PROJECT, AS EITHER A CONTRACTOR OR SUBCONTRACTOR, FOR A TWO-YEAR PERIOD. 4. IN ORDER TO ENSURE THAT APPROPRIATE WORKPLACE STANDARDS ARE MAIN- TAINED ON PUBLIC WORKS PROJECTS, ALL DRIVERS UTILIZED ON PUBLIC WORKS PROJECTS, WHETHER AN OWNER-DRIVER OR EMPLOYEE, SHALL BE COVERED BY AND SHALL RECEIVE STATE OR LOCAL PREVAILING WAGES APPLICABLE TO ANY STATE OR LOCAL PUBLIC WORKS PROJECT, IF THE OWNER-DRIVER IS UTILIZED ON-SITE, AND/OR DELIVERS OR REMOVES MATERIAL FROM ANY SUCH SITE INCLUDING, BUT NOT LIMITED TO, THE DELIVERY OF SAND, GRAVEL AND ASPHALT FROM THE SOURCE FROM WHICH SUCH MATERIALS ARE OBTAINED. S 2. This act shall take effect immediately.