NY Lab L § 198-E (2021)
2021 New York Laws LAB - Labor Article 6 - Payment of Wages 198-E - Construction Industry Wage Theft.

* § 198-e. Construction industry wage theft. 1. A contractor making or   taking  a  construction  contract  shall  assume  liability for any debt   resulting from an action under section one hundred ninety-eight of  this   article,  owed  to a wage claimant or third party on the wage claimant's   behalf, incurred by a subcontractor at any tier acting under, by, or for   the contractor or its subcontractors for the wage claimant's performance   of labor.2. No agreement or release by an employee or  subcontractor  to  waive   liability  assigned  to  a  contractor under this section shall be valid   except as otherwise provided herein.  The  provisions  of  this  section   shall  not be deemed to impair the rights of a contractor to maintain an   action against a subcontractor for amounts for owed wages that are  paid   by a contractor pursuant to this section.3.  Notwithstanding any other provision of law, the remedies available   for a claim pursuant to subdivision one of this section  shall  only  be   civil and administrative actions.4. In the case of a private civil action by an employee, such employee   may  designate  any  person, organization or collective bargaining agent   authorized to file a complaint with the commissioner pursuant to section   one hundred ninety-six-a of this article, to make a wage claim on his or   her behalf.5. In the case of an action against a  subcontractor,  the  contractor   shall  be  considered jointly and severally liable for any unpaid wages,   benefits, wage supplements, and any other remedies available pursuant to   the requirements of section one hundred ninety-eight of this article.6. Nothing herein shall preclude the attorney general from bringing  a   civil  action  to  collect  unpaid  wages  and  penalties  on  behalf of   employees pursuant to this section.7. A contractor or any other person shall not evade, or commit any act   that negates, the requirements of this section, provided, however,  that   this   section   shall  not  be  deemed  to  prohibit  a  contractor  or   subcontractor from establishing  by  contract  or  enforcing  any  other   lawful  remedies  against a subcontractor it hires for liability created   by violation of this section, provided that such contract or arrangement   does not diminish the right of employees to bring an  action  under  the   provisions of this section.8. As used in this section:a.  "Construction  contract" means a written or oral agreement for the   construction,  reconstruction,  alteration,   maintenance,   moving   or   demolition of any building, structure or improvement, or relating to the   excavation  of or other development or improvement to land. For purposes   of this section, a construction contract shall not include: any contract   which is subject to article eight of this chapter;  a  home  improvement   contract  for  the  performance  of  a  home  improvement between a home   improvement contractor and the owner of an owner-occupied dwelling;  and   a  home  construction  contract  for  one-  or two-family dwelling units   except where such contract or contracts results in the  construction  of   more than ten one- or two-family owner-occupied dwellings at one project   site annually.b.  "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.c. "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.d.  "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.9.  Any  liability assigned to a contractor pursuant to the provisions   of this section shall be applicable for any claims  occurring  no  later   than  three  years  prior  to the initiation of such claim in a court of   competent jurisdiction or the commencement of  a  civil  action  brought   forth  by  the  attorney  general  or department. The provisions of this   section shall not be deemed to diminish, impair, or  otherwise  infringe   on  any  other  rights of an employee provided pursuant to this chapter,   including the right of an  employee  to  bring  an  action  against  any   employer  under  the  provisions  of section one hundred ninety-eight of   this article.10. Nothing in this section shall be deemed to  diminish  the  rights,   privileges,  or remedies of any employee under any collective bargaining   agreement. The provisions of this section may be waived by a  collective   bargaining  agreement  with  a bona fide building and construction trade   labor organization which has established itself, and/or its  affiliates,   as  the collective bargaining representative for persons performing work   on a project, provided that for  such  waiver  to  be  valid,  it  shall   explicitly  reference  this section. Provided, however, that such waiver   shall not diminish or impair the rights of an  employee  provided  under   any other section of this chapter.* NB Effective January 4, 2022