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information: On most federal, state and municipal projects, where there are posted prevailing wage rates that must be paid to each category of worker on
information: On most federal, state and municipal projects, where there are posted prevailing wage rates that must be paid to each category of worker on the job, it requires contractors to submit certified payroll documentation with each pay request, confirming that everyone has been paid appropriately. However, I am not aware of any such requirement on privately funded projects. The legislation described below will now require contractors/CMs to confirm that all employees (contractor/CM and subcontractors) must be paid at least the minimum state wage applicable for the geographical area, received overtime pay when appropriate and ensure any statutory taxes and fees are paid on their behalf. New Law - General Contractor's/Construction Manager's on Private Projects are Liable for Any Subcontractor Wage Violations for Up to Three Years Governor Kathy Hochul approved legislation (A.3350-A/S.2766-C), which makes a general contractor or construction manager under contract on a private construction project assume liability for any subcontractor's wage violation for up to three years. After numerous conversations with the bill sponsors and Governor's office the legislation was marginally improved. The bill was amended several times including the reduction of the look back period from six to three years. In the approval message for the bill, Governor Hochul and the Legislature agreed to proposed chapter amendments (separate bill passed to amend the new law) that will provide a cure period for violations. 1. Will this be an unnecessary burden on contractors/CMs, why or why not? 2. Now consider if you were an employee of a subcontractor, which has witheld or failed to pay entitled minimum wages, overtime rates or pay into your social security or unemployment fund, is this a good law and why or why not
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