S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3584
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                   February 12, 2015
                                      ___________
       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:
    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.  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 own initiative cause a compliance  investigation
    7  to  be  made  to determine whether the contractor or a subcontractor has
    8  paid the prevailing rate of wages and prevailing practices  for  supple-
    9  ments  in  the same trade or occupation in the locality within the state
   10  where such public work  is  being  performed,  or  the  hours  of  labor
   11  performed by the workmen, laborers and mechanics employed on such public
   12  work,  or both.  The fiscal officer or his agents, examiners and inspec-
   13  tors may examine or cause to be examined the books and records  pertain-
   14  ing  to the rate of wages paid and supplements provided to the laborers,
   15  workmen and mechanics on  said  public  work  and  the  hours  of  labor
   16  performed  by  such laborers, workmen and mechanics on said public work.
   17  The fiscal officer in such investigation shall be deemed to be acting in
   18  a judicial capacity, and shall have the right to issue subpoenas, admin-
   19  ister oaths and examine witnesses. The enforcement of a subpoena  issued
   20  under  this  section  shall  be  regulated by the civil practice law and
   21  rules.  [Such] UPON RECEIPT OF ALL RECORDS REQUIRED UNDER  THIS  ARTICLE
   22  FOR  SUCH  INVESTIGATION,  THE  fiscal officer shall TAKE ALL REASONABLE
   23  STEPS TO EXPEDITIOUSLY make either an order, determination or any  other
   24  disposition,  including  but  not  limited  to an agreed upon settlement
   25  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.
                                                                  LBD08747-01-5
       S. 3584                             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    S 2. This act shall take effect immediately.