N.Y.
General Business Law Section 756-F
Wage theft prevention and enforcement
1.
Upon request of a contractor, or a contractor’s subcontractor, to any subcontractor which performs any portion of work within the scope of the contractor’s construction contract with an owner, such subcontractor shall provide certified payroll records which, at a minimum, contain all lawfully required information required by articles six and nineteen of the labor law for all employees providing labor on the project. Such payroll records shall contain sufficient information to apprise the contractor or subcontractor of such subcontractor’s payment status in paying wages and benefits, as defined by Labor Law § 198-C (Benefits or wage supplements)section one hundred ninety-eight-c of the labor law, including payments or contributions on the employee’s behalf. Payroll records shall be marked or redacted to an extent only to prevent disclosure of an individual’s full social security number but shall provide the last four digits of the social security number.2.
Upon request of a contractor, or a contractor’s subcontractor, to any subcontractor which performs any portion of work within the scope of the contractor’s construction contract with an owner, such subcontractor shall provide:(a)
the names of all workers of such subcontractor on the project, including the names of all those designated as independent contractors;(b)
when applicable, the name of the contractor’s subcontractor with whom such subcontractor is under contract;(c)
the anticipated contract start date;(d)
the scheduled duration of work;(e)
when applicable, local unions with whom such subcontractor is a signatory contractor; and(f)
the name, address and phone number of a contact for such subcontractor.3.
Failure to timely comply with a request for information as provided herein shall be a basis for a contractor to withhold payments owed to a subcontractor at any tier.4.
Unless otherwise required by law, a contractor or subcontractor shall not communicate an individual’s personal identifying information to the general public. For purposes of this section, “personal identifying information” shall have the same definition as provided for in paragraph (d) of subdivision one of Labor Law § 203-D (Employee personal identifying information)section two hundred three-d of the labor law.5.
For the purposes of this section, “contractor” means any person, firm, partnership, corporation, association, company, organization or other entity, including a construction manager, general or prime contractor, joint venture, or any combination thereof, which enters into a construction contract with an owner.6.
For the purposes of this section, “owner” means any person, firm, partnership, corporation, company, association or other organization or other entity, or a combination of any thereof, (with an ownership interest, whether the interest or estate is in fee, as vendee under a contract to purchase, as lessee or another interest or estate less than fee) that causes a building, structure or improvement, new or existing, to be constructed, altered, repaired, maintained, moved or demolished or that causes land to be excavated or otherwise developed or improved.7.
For the purposes of this section, “subcontractor” means any person, firm, partnership, corporation, company, association, organization or other entity, or any combination thereof, which is a party to a contract with a contractor, and/or party to a contract with the contractor’s subcontractors at any tier, to perform any portion of work within the scope of the contractor’s construction contract with the owner, including where the subcontractor has no direct privity of contract with the contractor.
Source:
Section 756-F — Wage theft prevention and enforcement, https://www.nysenate.gov/legislation/laws/GBS/756-F (updated Mar. 25, 2022; accessed Apr. 27, 2024).
