Saturday, February 16, 2008

Amendment To New York Labor Law Section 220 - EFFECTIVE FEBRUARY 24, 2008

I know that I've posted about this issue a couple of times in the past, but here's one last post to make sure that everyone is on the same page. The new amendment to Labor Law Section 220 becomes effective on February 24, 2008.

The amendment is an addition to New York Labor Law §220(3-a)(a). It requires contractors and subcontractors to provide written notice to all laborers, workers or mechanics, on each pay stub, of the prevailing wage rate for their particular job classification. If the notice won't fit on the pay stub, the New York State Department of Labor (the "NYSDOL") advises that an accompanying sheet or attachment containing the information will suffice.

The amendment also requires contractors and subcontractors to post a Notice at the beginning of the performance of every public work contract on each job site. The Notice must include the telephone number and address for the NYSDOL as well as a statement informing laborers, workers or mechanics of their right to contact the NYSDOL if they are not receiving the proper prevailing rate of wages and/or supplements for their particular job classification. The required notification will be provided with each prevailing wage schedule and may also be obtained from the NYSDOL.

It is important to ensure that each worker receives a Notice on the pay stub or an accompanying sheet and that a Notice is posted at the job site. Failure to do either or both is a violation of the statute and could result in an inquiry by the NYSDOL. That's something which public works contractors do not want to happen.


Unknown said...

Do you have the bill number, Randy? Was this legislation passed last year? Just making sure I didn't miss it. Thank you.

RANDY L. BRAUN said...

Hi, Laura. The Bill Number in the assembly is A9052. The Bill Number in the Senate is S6240. Hope this helps.