§ 238 — Penalties

New York § 238

• Jurisdiction: New York
• Law LAB: Labor
• Art. 9: Prevailing Wage For Building Service Employees

Text

§ 238. Penalties. 1. Any contractor or subcontractor who shall upon\nhis oath verify any statement required to be filed under this article\nwhich is known by him to be false shall be guilty of perjury and\npunishable as provided by the penal law.\n 2. When a contract for service work contains as part thereof a\nschedule of wages as provided for in this article, any contractor who,\nafter entering into such contract, and any subcontractor of such\ncontractor who fails to pay to any service employee the wages stipulated\nin such wage schedule is guilty of a misdemeanor and upon conviction\nshall be punished for a first offense by a fine of five hundred dollars\nor by imprisonment for not more than thirty days or by both fine and\nimprisonment; for a second offense by a fine of one thousand dollars,\nand in addition thereto the contract on which the violation has occurred\nshall be forfeited; and no such contractor shall be entitled to receive\nany sum, nor shall any officer, agent or employee of the contracting\npublic agency pay any such sum or authorize its payment from the funds\nunder his charge or control to such contractor for work done upon the\ncontract on which the contractor has been convicted of a second offense.\nIf the contractor or subcontractor is a corporation, any officer of such\ncorporation who knowingly permits the corporation to fail to make such\npayment shall also be guilty of a misdemeanor and the criminal and civil\npenalties herein shall attach to such officer upon conviction.\n