Provides a time schedule that the fiscal officer must follow when investigating and adjudicating complaints of prevailing wage violations.
- Jan 21, 2011: referred to labor
S T A T E O F N E W Y O R K ________________________________________________________________________ 3016 2011-2012 Regular Sessions I N ASSEMBLY January 21, 2011 ___________ Introduced by M. of A. SCHROEDER -- read once and referred to the Committee on Labor AN ACT to amend the labor law, in relation to establishing a time sched- ule for prevailing wage violation claims THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, 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 supple- ments 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 inspec- tors may examine or cause to be examined the books and records pertain- ing 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, admin- ister 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. LBD06766-01-1 A. 3016 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. S 2. This act shall take effect immediately.