N.Y. General Business Law § 756-f: Wage theft prevention and enforcement

§ 756-f. Wage theft prevention and enforcement. 1. Upon request of a

contractor, or a contractor's subcontractor, to any subcontractor which

performs any portion of work within the scope of the contractor's

construction contract with an owner, such subcontractor shall provide

certified payroll records which, at a minimum, contain all lawfully

required information required by articles six and nineteen of the labor

law for all employees providing labor on the project. Such payroll

records shall contain sufficient information to apprise the contractor

or subcontractor of such subcontractor's payment status in paying wages

and benefits, as defined by section one hundred ninety-eight-c of the

labor law, including payments or contributions on the employee's behalf.

Payroll records shall be marked or redacted to an extent only to prevent

disclosure of an individual's full social security number but shall

provide the last four digits of the social security number.

2. Upon request of a contractor, or a contractor's subcontractor, to

any subcontractor which performs any portion of work within the scope of

the contractor's construction contract with an owner, such subcontractor

shall provide: (a) the names of all workers of such subcontractor on the

project, including the names of all those designated as independent

contractors; (b) when applicable, the name of the contractor's

subcontractor with whom such subcontractor is under contract; (c) the

anticipated contract start date; (d) the scheduled duration of work; (e)

when applicable, local unions with whom such subcontractor is a

signatory contractor; and (f) the name, address and phone number of a

contact for such subcontractor.

3. Failure to timely comply with a request for information as provided

herein shall be a basis for a contractor to withhold payments owed to a

subcontractor at any tier.

4. Unless otherwise required by law, a contractor or subcontractor

shall not communicate an individual's personal identifying information

to the general public. For purposes of this section, "personal

identifying information" shall have the same definition as provided for

in paragraph (d) of subdivision one of section two hundred three-d of

the labor law.

5. For the purposes of this section, "contractor" means any person,

firm, partnership, corporation, association, company, organization or

other entity, including a construction manager, general or prime

contractor, joint venture, or any combination thereof, which enters into

a construction contract with an owner.

6. For the purposes of this section, "owner" means any person, firm,

partnership, corporation, company, association or other organization or

other entity, or a combination of any thereof, (with an ownership

interest, whether the interest or estate is in fee, as vendee under a

contract to purchase, as lessee or another interest or estate less than

fee) that causes a building, structure or improvement, new or existing,

to be constructed, altered, repaired, maintained, moved or demolished or

that causes land to be excavated or otherwise developed or improved.

7. For the purposes of this section, "subcontractor" means 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.