Provides a time schedule that the fiscal officer must follow when investigating and adjudicating complaints of prevailing wage violations.
TITLE OF BILL: An act to amend the labor law, in relation to establishing a time schedule for prevailing wage violation claims
PURPOSE: The purpose of this bill is to expedite the process by which prevailing wage violations are adjudicated by the New York State Department of Labor. This bill would require the Department of Labor to take all reasonable steps to expeditiously conclude prevailing wage investigations after receipt of all records required for such an investigation.
SUMMARY OF PROVISIONS: This bill amends Section 220 of the Labor Law by amending subdivision 7 to require that the Department of Labor take all reasonable steps to conduct prevailing wage compliance investigations and hearings and make orders, determinations or other dispositions expeditiously upon receipt of all required records.
JUSTIFICATION: Currently, there exists a significant backlog of prevailing wage violations, which are awaiting completion of compliance investigations and final adjudication hearings. In order to effectively sanction those persons who violate New York State's prevailing wage law in a timely manner, it has become necessary to require the Labor Department to conduct its investigations and hearings and make orders, determinations or other dispositions expeditiously as soon as the Department receives all records required for the investigation. An expeditious and orderly prevailing wage violation adjudication process is essential in order to compel contractor compliance with New York State's prevailing wage law.
LEGISLATIVE HISTORY: New Bill.
FISCAL IMPLICATIONS: See Fiscal Note.
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 1817 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________Introduced by Sen. ESPAILLAT -- 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 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 settlementEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04989-01-3 S. 1817 2
and/or stipulation, within six months from the date of filing of such 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.