S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3705

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 28, 2009
                               ___________

Introduced  by M. of A. JOHN, NOLAN, SCHROEDER -- read once and referred
  to the Committee on Labor

AN ACT to amend the labor law, in relation to hours, wages  and  supple-
  ments  for  work  on public work projects and the definition of public
  work

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision 2 of section 220 of the labor law, as amended
by chapter 678 of the laws of 2007, is amended to read as follows:
  2. Each contract, LEASE, GRANT,  BOND,  COVENANT,  DEBT  AGREEMENT  OR
PERMIT to which the state or a public benefit corporation or a municipal
corporation  or  a  commission  appointed  pursuant  to  law is a party,
INCLUDING ALL PROJECTS INVOLVING THE  CONSTRUCTION,  DEMOLITION,  RECON-
STRUCTION,  EXCAVATION, REHABILITATION, REPAIR, RENOVATION OR ALTERATION
OF A BUILDING, CHARTER SCHOOL OR IMPROVEMENT TO  PROPERTY  FINANCED,  IN
WHOLE OR IN PART, THROUGH AN INDUSTRIAL DEVELOPMENT AGENCY, JOB DEVELOP-
MENT  AUTHORITY, DORMITORY AUTHORITY, CORRECTIONAL AUTHORITY, OR SIMILAR
PUBLIC ENTITY, and any contract for public work entered into by a  third
party  acting  in  place  of,  on  behalf of and for the benefit of such
public entity pursuant to any lease, permit or other  agreement  between
such  third  party  and  the  public  entity,  and which may involve the
employment of laborers, workers or mechanics shall contain a stipulation
that no laborer, worker or mechanic in the  employ  of  the  contractor,
subcontractor  or other person doing or contracting to do the whole or a
part of the work contemplated by the  contract  shall  be  permitted  or
required  to  work more than eight hours in any one calendar day or more
than five days in any one week except in cases of extraordinary emergen-
cy including fire, flood or danger to life or property. No  such  person
shall  be so employed more than eight hours in any day or more than five
days in any one week except in such emergency.  Extraordinary  emergency
within the meaning of this section shall be deemed to include situations

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05951-01-9
              

A. 3705                             2

in  which  sufficient laborers, workers and mechanics cannot be employed
to carry on public work expeditiously as a result of  such  restrictions
upon  the  number of hours and days of labor and the immediate commence-
ment or prosecution or completion without undue delay of the public work
is necessary in the judgment of the commissioner for the preservation of
the  contract  site  and  for the protection of the life and limb of the
persons using the same. Upon the application of any  person  interested,
the  commissioner shall make a determination as to whether or not on any
public project or on all public projects in  any  area  of  this  state,
sufficient laborers, workers and mechanics of any or all classifications
can  be  employed  to  carry  on  work  expeditiously  if their labor is
restricted to eight hours per day and five days per  week,  and  in  the
event  that  the  commissioner  determines that there are not sufficient
workers, laborers and mechanics of any or all classifications which  may
be  employed  to  carry  on  such  work  expeditiously if their labor is
restricted to eight hours per day and five days per week, and the  imme-
diate  commencement  or prosecution or completion without undue delay of
the public work is necessary in the judgment of the commissioner for the
preservation of the contract site and for the protection of the life and
limb of the persons using the  same,  the  commissioner  shall  grant  a
dispensation  permitting  all  laborers,  workers  and mechanics, or any
classification of such laborers, workers and  mechanics,  to  work  such
additional  hours  or  days  per  week on such public project or in such
areas the commissioner shall determine. Whenever such a dispensation  is
granted,  all  work  in  excess of eight hours per day and five days per
week shall be considered overtime work, and the  laborers,  workers  and
mechanics performing such work shall be paid a premium wage commensurate
with  the  premium  wages  prevailing  in  the area in which the work is
performed. No such dispensation shall be effective with respect  to  any
public  work unless and until the department of jurisdiction, as defined
in this section, certifies to the commissioner that such public work  is
of  an  important  nature  and that a delay in carrying it to completion
would result in serious disadvantage to the public.  Time  lost  in  any
week   because   of  inclement  weather  by  employees  engaged  in  the
construction, reconstruction and maintenance of highways outside of  the
limits of cities and villages may be made up during that week and/or the
succeeding three weeks.
  S  2.  Subdivision  2  of  section 220 of the labor law, as amended by
chapter 851 of the laws of 1947, is amended to read as follows:
  2. Each contract, LEASE, GRANT,  BOND,  COVENANT,  DEBT  AGREEMENT  OR
PERMIT to which the state or a public benefit corporation or a municipal
corporation  or  a  commission  appointed  pursuant  to  law is a party,
INCLUDING ALL PROJECTS INVOLVING THE  CONSTRUCTION,  DEMOLITION,  RECON-
STRUCTION,  EXCAVATION, REHABILITATION, REPAIR, RENOVATION OR ALTERATION
OF A BUILDING, CHARTER SCHOOL OR IMPROVEMENT TO  PROPERTY  FINANCED,  IN
WHOLE OR IN PART, THROUGH AN INDUSTRIAL DEVELOPMENT AGENCY, JOB DEVELOP-
MENT  AUTHORITY, DORMITORY AUTHORITY, CORRECTIONAL AUTHORITY, OR SIMILAR
PUBLIC ENTITY, and which may involve the employment of laborers, workmen
or mechanics shall contain a stipulation that  no  laborer,  workman  or
mechanic  in the employ of the contractor, subcontractor or other person
doing or contracting to do the whole or a part of the work  contemplated
by  the  contract shall be permitted or required to work more than eight
hours in any one calendar day or more than five days  in  any  one  week
except  in  cases  of  extraordinary  emergency including fire, flood or
danger to life or property. No such person shall  be  so  employed  more
than  eight  hours  in  any  day  or more than five days in any one week

A. 3705                             3

except in such emergency. Extraordinary emergency within the meaning  of
this  section  shall be deemed to include situations in which sufficient
laborers, workmen and mechanics cannot be employed to  carry  on  public
work  expeditiously  as a result of such restrictions upon the number of
hours and days of labor and the immediate commencement or prosecution or
completion without undue delay of the public work is  necessary  in  the
judgment  of  the  [industrial] commissioner for the preservation of the
contract site and for the protection of the life and limb of the persons
using the same. Upon the  application  of  any  person  interested,  the
[industrial]  commissioner  shall  make a determination as to whether or
not on any public project or on all public projects in any area of  this
state,  sufficient laborers, workmen and mechanics of any or all classi-
fications can be employed to carry on work expeditiously if their  labor
is  restricted to eight hours per day and five days per week, and in the
event that the [industrial] commissioner determines that there  are  not
sufficient workmen, laborers and mechanics of any or all classifications
which may be employed to carry on such work expeditiously if their labor
is  restricted  to  eight  hours per day and five days per week, and the
immediate commencement or prosecution or completion without undue  delay
of  the  public  work  is  necessary in the judgment of the [industrial]
commissioner for the preservation of  the  contract  site  and  for  the
protection  of  the  life  and  limb  of the persons using the same, the
[industrial] commissioner shall  grant  a  dispensation  permitting  all
laborers, workmen and mechanics, or any classification of such laborers,
workmen and mechanics, to work such additional hours or days per week on
such public project or in such areas the [industrial] commissioner shall
determine.  Whenever  such a dispensation is granted, all work in excess
of eight hours per day and five days per week shall be considered  over-
time  work, and the laborers, workmen and mechanics performing such work
shall be paid  a  premium  wage  commensurate  with  the  premium  wages
prevailing in the area in which the work is performed. No such dispensa-
tion shall be effective with respect to any public work unless and until
the department of jurisdiction, as defined in this section, certifies to
the  [industrial]  commissioner that such public work is of an important
nature and that a delay in carrying it to  completion  would  result  in
serious  disadvantage  to  the  public. Time lost in any week because of
inclement weather by  employees  engaged  in  the  construction,  recon-
struction  and  maintenance  of highways outside of the limits of cities
and villages may be made up during that week and/or the succeeding three
weeks.
  S 3. Subdivision 5 of section 220 of  the  labor  law  is  amended  by
adding a new paragraph m to read as follows:
  M.  "PUBLIC  WORK",  FOR  THE  INTENTS  AND  PURPOSES OF THIS ARTICLE,
INCLUDES ALL WORK PERFORMED UNDER EACH CONTRACT TO WHICH THE STATE OR  A
PUBLIC  BENEFIT  CORPORATION  OR A MUNICIPAL CORPORATION OR A COMMISSION
APPOINTED PURSUANT TO LAW IS A PARTY, INCLUDING ALL  PROJECTS  FINANCED,
IN  WHOLE  OR  IN  PART,  THROUGH  AN INDUSTRIAL DEVELOPMENT AGENCY, JOB
DEVELOPMENT AUTHORITY, DORMITORY AUTHORITY, CORRECTIONAL  AUTHORITY,  OR
SIMILAR  PUBLIC ENTITY, THE ISSUANCE OF BONDS, GRANTS, TAX EXEMPTIONS OR
ABATEMENTS OR OTHER FINANCIAL  SUBSIDIES,  AND  WHICH  MAY  INVOLVE  THE
EMPLOYMENT  OF  LABORERS, WORKMEN OR MECHANICS, AS SET FORTH IN SUBDIVI-
SION TWO OF THIS SECTION.   ADDITIONALLY,  "PUBLIC  WORK"  INCLUDES  ALL
CONSTRUCTION,  DEMOLITION,  RECONSTRUCTION,  EXCAVATION,  REPAIR,  RENO-
VATION, OR REHABILITATION OF BUILDINGS OR PROPERTY BY A PRIVATE OWNER OR
DEVELOPER OR NOT-FOR-PROFIT ENTITY OR CHARTER SCHOOL THAT  IS  PERFORMED
IN  CONJUNCTION WITH A STATE OR PUBLIC GRANT OR PURSUANT TO AN AGREEMENT

A. 3705                             4

FOR THE PURCHASE OR LEASING OF SUCH BUILDINGS OR PROPERTY BY  THE  STATE
OR  A  PUBLIC  BENEFIT  CORPORATION,  OR  A  MUNICIPAL CORPORATION, OR A
COMMISSION APPOINTED PURSUANT TO LAW, INCLUDING  INDUSTRIAL  DEVELOPMENT
AGENCIES,  JOB  DEVELOPMENT  AUTHORITIES, DORMITORY AUTHORITIES, CORREC-
TIONAL AUTHORITIES, OR SIMILAR ENTITIES.
  S 4. This act shall take effect immediately; provided that the  amend-
ments  to  subdivision 2 of section 220 of the labor law made by section
one of this act shall be subject to the expiration and reversion of such
subdivision pursuant to section 5 of chapter 678 of the laws of 2007, as
amended, when upon such date the provisions of section two of  this  act
shall take effect.