Vote Smart's Synopsis:

Vote to amend and pass a bill that establishes wage theft prevention and enforcement mechanisms for construction workers.

Highlights:

• Defines "construction contract" as a written or oral agreement for the construction, reconstruction, alteration, maintenance, moving or demolition of any building, structure or improvement, or relating to the excavation of or other development or improvement to land (Sec. 1-8.a).

• Defines "subcontractor" as 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 (Sec. 2-7).

• Requires a contractor making or taking a construction contract to assume liability for any debt owed to a wage claimant or third party on the wage claimant's behalf, incurred by a subcontractor at any tier acting under, by, or for the contractor or its subcontractors for the wage claimant's performance of labor (Sec. 1-1).

• Specifies the remedies available for a claim can only be civil and administrative actions (Sec. 1-3).

• Requires the contractor to be considered jointly and severally liable for any unpaid wages, benefits, wage supplements, and any other remedies available in the case of an action against a subcontractor (Sec. 1-5).

• Specifies any liability assigned to a contractor according to the provisions of this law to be applicable for any claims occurring no later than 3 years prior to the initiation of such claim in a court of competent jurisdiction or the commencement of a civil action brought forth by the attorney general or department (Sec. 1-9).

• Specifies nothing in this law will be deemed to diminish the rights, privileges, or remedies of any employee under any collective bargaining agreement (Sec. 1-10).

• Requires a subcontractor to provide certified payroll records which, at a minimum, contain all lawfully required information required for all employees providing labor on the project (Sec. 2-1).

• Requires a subcontractor to provide the following upon request of a contractor (Sec. 2-2):

• The names of all workers of such subcontractor on the project, including the names of all those designated as independent contractors;

• When applicable, the name of the contractor's subcontractor with whom such subcontractor is under contract;

• The anticipated contract start date;

• The scheduled duration of work;

• When applicable, local unions with whom such subcontractor is a signatory contractor; and

• The name, address and phone number of a contact for such subcontractor.

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that establishes wage theft prevention and enforcement mechanisms for construction workers.

Highlights:

• Defines "construction contract" as a written or oral agreement for the construction, reconstruction, alteration, maintenance, moving or demolition of any building, structure or improvement, or relating to the excavation of or other development or improvement to land (Sec. 1-8.a).

• Defines "subcontractor" as 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 (Sec. 2-7).

• Requires a contractor making or taking a construction contract to assume liability for any debt owed to a wage claimant or third party on the wage claimant's behalf, incurred by a subcontractor at any tier acting under, by, or for the contractor or its subcontractors for the wage claimant's performance of labor (Sec. 1-1).

• Specifies the remedies available for a claim can only be civil and administrative actions (Sec. 1-3).

• Requires the contractor to be considered jointly and severally liable for any unpaid wages, benefits, wage supplements, and any other remedies available in the case of an action against a subcontractor (Sec. 1-5).

• Specifies any liability assigned to a contractor according to the provisions of this law to be applicable for any claims occurring no later than 3 years prior to the initiation of such claim in a court of competent jurisdiction or the commencement of a civil action brought forth by the attorney general or department (Sec. 1-9).

• Specifies nothing in this law will be deemed to diminish the rights, privileges, or remedies of any employee under any collective bargaining agreement (Sec. 1-10).

• Requires a subcontractor to provide certified payroll records which, at a minimum, contain all lawfully required information required for all employees providing labor on the project (Sec. 2-1).

• Requires a subcontractor to provide the following upon request of a contractor (Sec. 2-2):

• The names of all workers of such subcontractor on the project, including the names of all those designated as independent contractors;

• When applicable, the name of the contractor's subcontractor with whom such subcontractor is under contract;

• The anticipated contract start date;

• The scheduled duration of work;

• When applicable, local unions with whom such subcontractor is a signatory contractor; and

• The name, address and phone number of a contact for such subcontractor.

Full Bill Text