NY Pub Auth L § 1269-G (2021)
2021 New York Laws PBA - Public Authorities Article 5 - Public Utility Authorities Title 11 - Metropolitan Commuter Transportation Authority 1269-G - Requirements for Certain Authority Contracts and Related Subcontracts.

§  1269-g.  Requirements  for  certain authority contracts and related subcontracts. 1. Any contractor or subcontractor subject to the  posting requirements  of  paragraph  a  of  subdivision  three-a  of section two hundred twenty of the labor law with respect to a public works  contract of the authority shall:  (a)  post  information conforming to the provisions of subdivision two of this section  in  one  or  more  conspicuous  places  at  each  major workplace  site  where  persons  who  perform  work  on  the contract or subcontract, including management, are most likely to see such postings; provided that, this requirement may be satisfied by  the  displaying  of such  information with other notices that inform persons of rights under federal or state laws or rules, human resource policies,  or  collective bargaining agreements;  (b)  post  information conforming to the provisions of subdivision two of this section on an internet and intranet website,  if  any,  of  that person  or business organization; provided that, this requirement may be satisfied by providing on such website a conspicuous  hyperlink  to  the authority  website  maintained  pursuant  to  subdivision  three of this section, which hyperlink shall be  labeled  "Protections  for  Reporting Fraud in New York";  (c)  distribute  information  specified  in  subdivision  two  of this section to those persons, including employees and managers, who  perform work  on  the contract; provided that, this requirement may be satisfied by distributing such information in an employee handbook  or  through  a specific  electronic communication containing the information to a known electronic mail address maintained by the person; and  (d) comply with the provisions of this subdivision, and provide to the authority satisfactory evidence of such compliance, within ninety days.   2. The disclosures required by subdivision one of this section shall:  (a) provide the telephone numbers and addresses to report  information of  fraud  or  other illegal activity to the appropriate officers of the inspector general of the  authority  and  the  attorney-general  of  the state;  (b)  describe  in  detail  conduct  prohibited  by section one hundred eighty-nine of the state finance law,  and  the  role  of  that  act  in preventing  and  detecting  fraud  and  abuse  in  work  paid for by the authority or with funds originating from the authority;  (c) notify prospective qui tam plaintiffs on how to  file  a  qui  tam action,  including  the  necessity to contact private counsel skilled in filing such actions and of  the  potential  for  cash  rewards  in  such actions   based  on  the  percentage  of  the  funds  recovered  by  the government; and  (d) describe prohibitions on employer retaliation against persons  who file  or  assist actions under article thirteen of the state finance law (the New  York  false  claims  act)  pursuant  to  section  one  hundred ninety-one  of the state finance law, or who report illegal conduct that threatens the health or safety of the public pursuant to  section  seven hundred forty of the labor law.   3.  No  later  than  forty-five  days after the effective date of this section, the authority shall establish and continuously maintain on  its public  website  and  its  intranet  site  a page that shall provide the information specified in subdivision two of this section, and that shall also provide sample statements, displays and  other  materials  suitable for  insertion  in  employee  handbooks  or  posting at workplaces or on websites that would satisfy the disclosure requirements of this section.   4. On and after the effective date  of  this  section,  the  authority shall  not  enter into any contract described in subdivision one of this section that does not incorporate the terms of this section.    5. Material compliance by a covered person  or  business  organization that   has   contracted   with  the  authority  under  a  contract  that incorporates the terms of this section shall be a material condition  of payment for the provision of goods or services.   6.  The authority is authorized to adopt such rules and regulations as are necessary to effect the purposes of this section.