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New York · Through 2026-09-11

N.Y. Labor Law § 238: Penalties

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Where this section sits in the code
  1. Labor Law
  2. Article 9. Prevailing Wage For Building Service Employees

§ 238. Penalties. 1. Any contractor or subcontractor who shall upon

his oath verify any statement required to be filed under this article

which is known by him to be false shall be guilty of perjury and

punishable as provided by the penal law.

2. When a contract for service work contains as part thereof a

schedule of wages as provided for in this article, any contractor who,

after entering into such contract, and any subcontractor of such

contractor who fails to pay to any service employee the wages stipulated

in such wage schedule is guilty of a misdemeanor and upon conviction

shall be punished for a first offense by a fine of five hundred dollars

or by imprisonment for not more than thirty days or by both fine and

imprisonment; for a second offense by a fine of one thousand dollars,

and in addition thereto the contract on which the violation has occurred

shall be forfeited; and no such contractor shall be entitled to receive

any sum, nor shall any officer, agent or employee of the contracting

public agency pay any such sum or authorize its payment from the funds

under his charge or control to such contractor for work done upon the

contract on which the contractor has been convicted of a second offense.

If the contractor or subcontractor is a corporation, any officer of such

corporation who knowingly permits the corporation to fail to make such

payment shall also be guilty of a misdemeanor and the criminal and civil

penalties herein shall attach to such officer upon conviction.

Collected 2026-09-14T19:32:45Z. Source file · JSON

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