2023 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.