Welcome to the Building Trades Employers Association (BTEA) New York Legislative Report for the month of June. This release contains an overview of New York City and State government affairs activities including new legislation, policy and building regulations impacting the construction industry.

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STATE LEGISLATIVE UPDATE


Bills relevant to employers that have now passed both houses and are awaiting delivery to the Governor for executive action:


Bill No. A8092B

Asm. Reyes

Amd §215, Lab L

Clarifies that workers shall not be punished or subjected to discipline by employers for lawful absences.

 

Bill No. A9513

Asm. Fall

Amd §4, 

Extends provisions relating to leave time for COVID-19 vaccination until December 31, 2023.

 

Bill No. S5870

Sen. Gounardes

Amd §§296 & 297, Exec L

Prohibits the release of personnel or employees as a retaliatory action against employees who complain or assist in proceedings involving unlawful discriminatory practices by employers.

 

Bill No. S7773 

Sen. Ramos 

Amd §198-e, Lab L; amd §756-f, Gen Bus L; amd §4,

Provides that a contractor making or taking a construction contract shall assume liability for any debt resulting from making a claim, owed to an employee, or third party on an employee's behalf, incurred by a subcontractor at any tier acting under, by, or for the contractor for an employee's performance of labor; provides for wage theft prevention and enforcement.

 

Bill No. S9427A

Sen. Ramos

Add §194-b, Lab L

Requires employers to disclose compensation or range of compensation to applicants and employees upon issuing an employment opportunity for internal or public viewing or upon employee request.


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New York City Department of Buildings Bulletins


PROPOSED RULES


None at this time.


ADOPTED RULES


New rules adopted by DCWP, effective July 10, will:


     Clarify the license application requirements for construction labor providers

     Clarify the requirements for notices that construction labor providers must provide to covered construction workers informing them of their legal rights, required certifications and training, and information about the job to which they are assigned

     Supplement recordkeeping requirements for construction labor providers and the process for responding to a subpoena or request from the Department

     Create a penalty schedule for violations related to construction labor providers.


DCWP implements new rules on Local law 77, effective June 23:


LL 77 bans the practice of on-call scheduling for utility safety employees who locate and mark underground infrastructure. It prohibits their employers from canceling, changing or adding work shifts within 72 hours of the start of the shift, except in limited circumstances. It also requires the employer to provide a utility safety employee with a written work schedule no later than 72 hours before the first shift on the work schedule, to post the schedule at the work location 72 hours before the beginning of the scheduled hours of work, and to provide the employee, at the employee’s request, a written copy of the work schedule for any week worked within the prior three years.


Effective May 28, DEP asbestos control program rules were amended to assure consistency, address audits, and documentation, and add several new provisions.


EXECUTIVE ORDERS


None at this time.


PROPOSED RULES


None at this time.


ADOPTED RULES


Licensure requirements for Professional Engineers effective April 12 pursuant to emergency adoption.


EXECUTIVE ORDERS


Gov. Kathy Hochul extended the Covid-19 emergency declaration that requires the state to ensure hospital capacity and support localities with Covid vaccination, testing and mitigation efforts through July 14.


LEGISLATION ACTIVITY


STATE OF NEW YORK (6/1/2022 –6/15/22)


Delivered to the Governor: 


Passed Both Chambers: None

 

Passed Single Chamber: None

 

Other Activity: None

Bill Number

Sponsor

Summary

Action

A1138C

Asm. Magnarelli

Establishes a registration system for contractors and subcontractors engaged in public work and covered projects in order to better enforce existing labor laws and regulations in the public works industry

6-03-22: Returned to the Senate

S2762 / A766

Sen. Ramos / Asm. Rosenthal

Relates to securing payment of wages for work already performed; creates an employee lien

06-03-22: Committed to Rules


05-11-22: 2nd REPORT CAL


05-10-22: 1st REPORT CAL.1177

A1338C / S5994C

Asm. Magnarelli / Sen. Ryan

Establishes a registration system for contractors and subcontractors engaged in public work and covered projects in order to better enforce existing labor laws and regulations in the public works industry

06-03-22: substituted by s5994c


06-3-22: returned to senate


05-11-22: 5994B


05-11-22: 2nd Report CAL.


05-10-22: 1st ReportCAL. 1216


05-13-22 Print number 1338c


05-16-22: Amended to 5994C


05-04-22: Reported and Committed to Finance

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