N.Y.
Public Authorities Law Section 1269-G
Requirements for certain authority contracts and related subcontracts
1.
Any contractor or subcontractor subject to the posting requirements of paragraph a of subdivision three-a of Labor Law § 220 (Hours, wages and supplements)section two hundred twenty of the labor law with respect to a public works contract of the authority shall:(a)
post information conforming to the provisions of subdivision two of this section in one or more conspicuous places at each major workplace site where persons who perform work on the contract or subcontract, including management, are most likely to see such postings; provided that, this requirement may be satisfied by the displaying of such information with other notices that inform persons of rights under federal or state laws or rules, human resource policies, or collective bargaining agreements;(b)
post information conforming to the provisions of subdivision two of this section on an internet and intranet website, if any, of that person or business organization; provided that, this requirement may be satisfied by providing on such website a conspicuous hyperlink to the authority website maintained pursuant to subdivision three of this section, which hyperlink shall be labeled “Protections for Reporting Fraud in New York”;(c)
distribute information specified in subdivision two of this section to those persons, including employees and managers, who perform work on the contract; provided that, this requirement may be satisfied by distributing such information in an employee handbook or through a specific electronic communication containing the information to a known electronic mail address maintained by the person; and(d)
comply with the provisions of this subdivision, and provide to the authority satisfactory evidence of such compliance, within ninety days.2.
The disclosures required by subdivision one of this section shall:(a)
provide the telephone numbers and addresses to report information of fraud or other illegal activity to the appropriate officers of the inspector general of the authority and the attorney-general of the state;(b)
describe in detail conduct prohibited by State Finance Law § 189 (Liability for certain acts)section one hundred eighty-nine of the state finance law, and the role of that act in preventing and detecting fraud and abuse in work paid for by the authority or with funds originating from the authority;(c)
notify prospective qui tam plaintiffs on how to file a qui tam action, including the necessity to contact private counsel skilled in filing such actions and of the potential for cash rewards in such actions based on the percentage of the funds recovered by the government; and(d)
describe prohibitions on employer retaliation against persons who file or assist actions under article thirteen of the state finance law (the New York false claims act) pursuant to State Finance Law § 191 (Remedies)section one hundred ninety-one of the state finance law, or who report illegal conduct that threatens the health or safety of the public pursuant to Labor Law § 740 (Retaliatory action by employers)section seven hundred forty of the labor law.3.
No later than forty-five days after the effective date of this section, the authority shall establish and continuously maintain on its public website and its intranet site a page that shall provide the information specified in subdivision two of this section, and that shall also provide sample statements, displays and other materials suitable for insertion in employee handbooks or posting at workplaces or on websites that would satisfy the disclosure requirements of this section.4.
On and after the effective date of this section, the authority shall not enter into any contract described in subdivision one of this section that does not incorporate the terms of this section.5.
Material compliance by a covered person or business organization that has contracted with the authority under a contract that incorporates the terms of this section shall be a material condition of payment for the provision of goods or services.6.
The authority is authorized to adopt such rules and regulations as are necessary to effect the purposes of this section.
Source:
Section 1269-G — Requirements for certain authority contracts and related subcontracts, https://www.nysenate.gov/legislation/laws/PBA/1269-G (updated Sep. 22, 2014; accessed Oct. 26, 2024).
