New York S 4144: Requires state agencies to provide labor organizations with certified payroll records of the contractors hired to perform public work by such agency

Bill Text

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S04144 Summary:

BILL NOS04144 

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SAME ASNo Same As

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SPONSORPARKER

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COSPNSR

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MLTSPNSR

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Amd §220, Lab L

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Requires state agencies to provide labor organizations with certified payroll records of the contractors hired to perform public work by such agency.

Go to top S04144 Actions:

BILL NOS04144 

&nbsp

02/03/2025REFERRED TO LABOR

01/07/2026REFERRED TO LABOR

Go to topS04144 Committee&nbspVotes:

Go to topS04144 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS04144 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 4144

 2025-2026 Regular Sessions

 IN SENATE

 February 3, 2025
 ___________

 Introduced by Sens. PARKER, MYRIE -- 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 allowing certain organiza-
 tions access to certified payroll records of companies performing
 public work

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Subdivision 7 of section 220 of the labor law, as amended
 2 by chapter 7 of the laws of 2008, is amended to read as follows:
 3 7. Compliance investigations. a. The fiscal officer as herein defined
 4 shall on a verified complaint in writing of any person interested or of
 5 any employee organization pursuant to subdivision eight-d of this
 6 section, and may on [his] their own initiative cause a compliance inves-
 7 tigation to be made to determine whether the contractor or a subcontrac-
 8 tor has paid the prevailing rate of wages and prevailing practices for
 9 supplements in the same trade or occupation in the locality within the
 10 state where such public work is being performed, or the hours of labor
 11 performed by the [workmen] workers, laborers and mechanics employed on
 12 such public work, or both. The fiscal officer or [his] such fiscal
 13 officer's agents, examiners and inspectors may examine or cause to be
 14 examined the books and records pertaining to the rate of wages paid and
 15 supplements provided to the laborers, [workmen] workers and mechanics on
 16 said public work and the hours of labor performed by such laborers,
 17 [workmen] workers and mechanics on said public work. The fiscal officer
 18 in such investigation shall be deemed to be acting in a judicial capaci-
 19 ty, and shall have the right to issue subpoenas, administer oaths and
 20 examine witnesses. The enforcement of a subpoena issued under this
 21 section shall be regulated by the civil practice law and rules. Such
 22 fiscal officer shall make either an order, determination or any other
 23 disposition, including but not limited to an agreed upon settlement
 24 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.
 LBD07737-01-5

 S. 4144 2

 1 verified complaint, and where a compliance investigation is made without
 2 the filing of a verified complaint, within six months from the date a
 3 compliance investigation is initiated by such fiscal officer. Upon the
 4 making of said order or determination, or upon arriving at such agreed
 5 upon settlement and/or stipulation, a copy thereof shall be sent by
 6 certified mail, return receipt requested, by the fiscal officer: (i) to
 7 the person and employee organization, if any, who or which initiated the
 8 complaint, (ii) to the person or corporation, if any, against whom the
 9 complaint was brought, and (iii) where a compliance investigation is
 10 made without the filing of a complaint, to the person who or which was
 11 the subject of the compliance investigation.
 12 b. (i) An employee organization, which has been certified or recog-
 13 nized to represent employees employed on public works contracts, may
 14 request of a state agency, public authority, or any other state entity
 15 authorized to let out work on public works contracts, to be furnished
 16 with a copy of certified payroll records that have been provided to such
 17 agency, public authority, or any other state entity authorized to let
 18 out work on public works contracts, by the contractor or subcontractor
 19 p