§ 861-D — Notice to persons receiving remuneration from contractors and subcontractors

New York § 861-D

• Jurisdiction: New York
• Law LAB: Labor
• Art. 25-B: The New York State Construction Industry Fair Play Act

Text

§ 861-d. Notice to persons receiving remuneration from contractors and\nsubcontractors. 1. Every contractor shall post in a prominent and\naccessible place on the site where the construction is performed a\nlegible statement, provided by the commissioner, that describes the\nresponsibility of independent contractors to pay taxes required by state\nand federal law, the rights of employees to workers' compensation,\nunemployment benefits, minimum wage, overtime and other federal and\nstate workplace protections, and the protections against retaliation and\nthe penalties in this article if the contractor fails to properly\nclassify an individual as an employee. This notice shall also contain\ncontact information for individuals to file complaints or inquire with\nthe commissioner about employment classification status. This\ninformation shall be provided in English, Spanish or other languages\nrequired by the commissioner. The posted statement shall be constructed\nof materials capable of withstanding adverse weather conditions.\n 2. Within thirty days of the effective date of this article, the\ncommissioner shall create the notice described in subdivision one of\nthis section and post the notice on the department's website for\ndownloading by contractors.\n 3. Contractors who violate this section shall be subject to a civil\npenalty of up to one thousand five hundred dollars for a first\nviolation, and up to five thousand dollars for a subsequent violation\nwithin a five year period.\n