4
SKYLINES
SKYLINESNEWS.COM
ISSUE 41 • FALL 2021/WINTER 2022 • VOLUME 12
NEW LIABILITY FOR CONTRACTORS
Governor Kathy Hochul introduced and welcomed New York State Lieutenant Governor Brian Benjamin at a swearing in ceremony on September 9, in Albany. In her introduction, Governor Hochul said that in Brian Benjamin she has “found a person who knows what it's like to struggle, to work hard, to make something of his life and to now return his service to the community.” “That is, my friends, the American dream, how someone who started out with little rose to where he is today, but now turns back and doesn't think about himself. He thinks about how he can serve not just his Senatorial district, but now he'll be helping me serve 20 million New Yorkers. It's an extraordinary responsibility. I wouldn't have asked you if I didn't think you're up for the task. And I know you are," said Governor Hochul. Lieutenant Governor Benjamin thanked Mrs. Hochul for putting her trust in him and for this opportunity to serve and said that he will “make sure that there's fairness, accountability and good practical decision-making that governs our activities.”
On Labor Day, New York State Governor Kathy Hochul signed four key pieces of legislation. Among them, Legislation (A.3350-A/S.2766-C) “makes contractors on construction projects jointly liable for wages owed to employees of their subcontractors. Construction contractors are currently not liable for the wages of their subcontractors' employees unless there is an employment relationship between the contractor and the employee of the subcontractor. This bill applies prospectively to contracts entered 120 days after the bill becomes law. It also allows contractors to demand payroll information from subcontractors and withhold payment if the information is not provided.” The bill is welcomed by some but criticized by others. New York City District Council of Carpenters Executive SecretaryTreasurer Joseph Geiger said, "For years, exploited workers have been ripped off by greedy contractors with nowhere to turn. This legislation will ensure every construction worker in New York is protected from wage theft. It is especially fitting that it will be signed into law by Governor Hochul who has been a steadfast ally of labor and workers everywhere. The New York City District Council of Carpenters also thanks Senator Ramos and Assembly Member Latoya Joyner for leading the charge to pass the bill in the State Legislature. This is proof that government can still be a positive force for the
OFFICE OF GOVERNOR KATHY HOCHUL
OFFICE OF GOVERNOR KATHY HOCHUL
BRIAN BENJAMIN SWORN IN AS LIEUTENANT GOVERNOR New Law Makes Contractors Responsible For OF NEW YORK Wages Owed To Their Subcontractors' Employees
New York State Governor Kathy Hochul signs legislation to " boost workplace safety and put more money in workers' pockets", on September 6, 2021 in Buffalo, NY. workers of America." The legislation has been opposed by the Associated General Contractors of New York State, which represents union and open shop construction companies. In a memorandum of opposition released earlier this year, the AGC NYS describes the bill as “a misguided attempt to shift the blame from unscrupulous subcontractors to the general contractor or construction manager,” and that it “should be kept under the jurisdiction of the New York State Department of Labor, New York State Attorney General and District Attorneys to investigate, charge and penalize any employer.” AGC NYS cautions that “the significant costs associated with the project risk will have a chilling effect on economic development.”
The other three pieces of legislation signed by Governor Hochul on September 6, 2021 are: •L egislation (S.4682-B/A.485-B) Establishes a Demonstration Program Implementing Speed Violation Monitoring Systems in Work Zones •L egislation (S.6350-A/ A.7434-A) Requires the Payment of Prevailing Wage to Building Service Employees at Co-Cops and Condos that Receive the 467-a Tax Abatement • Legislation (S.4049/A.5678) Extends Shared Work Benefits The release issued by the Governor’s Office can be found here: https://www. governor.ny.gov/news/laborday-governor-hochul-signsfour-pieces-legislation-boostworkplace-safety-and-put-more