§ 756-F — Wage theft prevention and enforcement

§ 756-f. Wage theft prevention and enforcement. 1. Upon request of a\ncontractor, or a contractor's subcontractor, to any subcontractor which\nperforms any portion of work within the scope of the contractor's\nconstruction contract with an owner, such subcontractor shall provide\ncertified payroll records which, at a minimum, contain all lawfully\nrequired information required by articles six and nineteen of the labor\nlaw for all employees providing labor on the project. Such payroll\nrecords shall contain sufficient information to apprise the contractor\nor subcontractor of such subcontractor's payment status in paying wages\nand benefits, as defined by section one hundred ninety-eight-c of the\nlabor law, including payments or contributions on the employee's behalf.\nPayroll records shall be marked or redacted to an extent only to prevent\ndisclosure of an individual's full social security number but shall\nprovide the last four digits of the social security number.\n 2. Upon request of a contractor, or a contractor's subcontractor, to\nany subcontractor which performs any portion of work within the scope of\nthe contractor's construction contract with an owner, such subcontractor\nshall provide: (a) the names of all workers of such subcontractor on the\nproject, including the names of all those designated as independent\ncontractors; (b) when applicable, the name of the contractor's\nsubcontractor with whom such subcontractor is under contract; (c) the\nanticipated contract start date; (d) the scheduled duration of work; (e)\nwhen applicable, local unions with whom such subcontractor is a\nsignatory contractor; and (f) the name, address and phone number of a\ncontact for such subcontractor.\n 3. Failure to timely comply with a request for information as provided\nherein shall be a basis for a contractor to withhold payments owed to a\nsubcontractor at any tier.\n 4. Unless otherwise required by law, a contractor or subcontractor\nshall not communicate an individual's personal identifying information\nto the general public. For purposes of this section, "personal\nidentifying information" shall have the same definition as provided for\nin paragraph (d) of subdivision one of section two hundred three-d of\nthe labor law.\n 5. For the purposes of this section, "contractor" means any person,\nfirm, partnership, corporation, association, company, organization or\nother entity, including a construction manager, general or prime\ncontractor, joint venture, or any combination thereof, which enters into\na construction contract with an owner.\n 6. For the purposes of this section, "owner" means any person, firm,\npartnership, corporation, company, association or other organization or\nother entity, or a combination of any thereof, (with an ownership\ninterest, whether the interest or estate is in fee, as vendee under a\ncontract to purchase, as lessee or another interest or estate less than\nfee) that causes a building, structure or improvement, new or existing,\nto be constructed, altered, repaired, maintained, moved or demolished or\nthat causes land to be excavated or otherwise developed or improved.\n 7. For the purposes of this section, "subcontractor" means any person,\nfirm, partnership, corporation, company, association, organization or\nother entity, or any combination thereof, which is a party to a contract\nwith a contractor, and/or party to a contract with the contractor's\nsubcontractors at any tier, to perform any portion of work within the\nscope of the contractor's construction contract with the owner,\nincluding where the subcontractor has no direct privity of contract with\nthe contractor.\n