N.Y. Labor Law § 220-j: Payroll reporting requirements

§ 220-j. Payroll reporting requirements. 1. As used in this section:

a. "Contractor" means any entity entering into a contract to perform

construction, demolition, reconstruction, excavation, rehabilitation,

repair, installation, renovation, alteration, or custom fabrication,

which is subject to the provisions of this article.

b. "Fiscal officer" for purposes of this section shall have the same

meaning as set forth in paragraph e of subdivision five of section two

hundred twenty of this article.

c. "Subcontractor" means any entity subcontracting with a contractor

to perform construction, demolition, reconstruction, excavation,

rehabilitation, repair, installation, renovation, alteration, or custom

fabrication, which is subject to the provisions of this article.

d. "Covered project" means any project subject to the provisions of

this article, including but not limited to, public work projects,

privately owned prevailing wage projects and those subject to the

provisions of sections two hundred twenty-four-a, two hundred

twenty-four-d and sections two hundred twenty-four-f of this article.

e. "Monthly" means at least once every thirty days while work is being

performed on a covered project and within thirty days after the final

day of work was performed on the covered project.

2. Each contractor and subcontractor working on a covered project

shall furnish records consistent with subparagraph (iii) of paragraph a

of subdivision three-a of section two hundred twenty of this article

directly to the fiscal officer in the following manner:

a. submit records monthly unless such covered project contract

requires more frequent reporting requirements;

b. in an electronic format, in a manner prescribed by the

commissioner, on the department's website;

c. provide documentation of each fund, plan or program where any

supplement has been paid or provided for; and

d. provide a copy of the payment bond required by section one hundred

thirty-seven of the state finance law, including all information open to

public inspection.

2-a. For purposes of subparagraphs (iii) and (iv) of paragraph a of

subdivision three-a of section two hundred twenty of this article, the

furnishing of electronic records consistent with subdivision two of this

section by a contractor or subcontractor shall satisfy the requirement

that such contractor or subcontractor submit a transcript of the

original payroll record and that the appropriate department of

jurisdiction collect and maintain such payroll records.

3. a. A contractor or subcontractor who fails to furnish records

pursuant to this section relating to its employees, shall be subject to

a penalty by the fiscal officer of one hundred dollars for each day such

contractor or subcontractor is in violation of this section.

b. The fiscal officer shall not level a penalty pursuant to this

subdivision until such contractor or subcontractor fails to furnish such

electronic records fourteen days after the requirements set forth in

paragraph a of subdivision two of this section.

c. Such penalties pursuant to this subdivision shall only accrue to

the actual contractor or subcontractor who failed to furnish such

required records.

d. All penalties collected pursuant to this section shall be used by

the fiscal officer for prevailing wage enforcement.

e. The fiscal officer shall undertake activities it deems necessary to

monitor and enforce compliance with this section.

4. No later than December thirty-first, two thousand twenty-five, the

department shall develop and implement an online database of electronic

certified payroll records submitted pursuant to this section. Such

database shall be publicly accessible, but not include personally

identifiable information. Such database shall be searchable, including

each available payroll record subset. In a city with a population in

excess of one million, the commissioner shall ensure access to such

online database is provided to the fiscal officer in a manner that

allows such officer to monitor and enforce the provisions of this

section.

5. Within thirty days of the effective date of this section, the mayor

of a city with a population in excess of one million shall notify the

commissioner that such city elects to develop and implement an online

database of electronic certified payroll records submitted pursuant to

this section for every contractor and subcontractor working on a public

work subject to section two hundred twenty of this article performed by

or on behalf of the city. Such database shall be publicly accessible on

the city's website and through the department's website, shall not

include personally identifiable information and shall comply with all

provisions of this chapter. The city comptroller shall have access to

such online database in a manner that allows such officer to monitor and

enforce the provisions of this section. Where such city comptroller

determines that such database does not comply with all provisions of

this chapter, or where such city fails to develop such database by

December first, two thousand twenty-five, upon notice to the

commissioner, all such city agency projects shall be covered by the

commissioner's database and such contractors and subcontractors shall

furnish records to the commissioner in accordance with this section.