2023 New York Laws › GBS - General Business › Article 35-E - Construction Contracts › 756-F - Wage Theft Prevention and Enforcement.

§  756-f.  Wage theft prevention and enforcement. 1. Upon request of a
  contractor, or a contractor's subcontractor, to any subcontractor  which
  performs  any  portion  of  work  within  the  scope of the contractor's
  construction contract with an owner, such  subcontractor  shall  provide
  certified  payroll  records  which,  at  a minimum, contain all lawfully
  required information required by articles six and nineteen of the  labor
  law  for  all  employees  providing  labor  on the project. Such payroll
  records shall contain sufficient information to apprise  the  contractor
  or  subcontractor of such subcontractor's payment status in paying wages
  and benefits, as defined by section one hundred  ninety-eight-c  of  the
  labor law, including payments or contributions on the employee's behalf.
  Payroll records shall be marked or redacted to an extent only to prevent
  disclosure  of  an  individual's  full  social security number but shall
  provide the last four digits of the social security number.
2. Upon request of a contractor, or a contractor's  subcontractor,  to
  any subcontractor which performs any portion of work within the scope of
  the contractor's construction contract with an owner, such subcontractor
  shall provide: (a) the names of all workers of such subcontractor on the
  project,  including  the  names  of  all those designated as independent
  contractors;  (b)  when  applicable,  the  name  of   the   contractor's
  subcontractor  with  whom  such subcontractor is under contract; (c) the
  anticipated contract start date; (d) the scheduled duration of work; (e)
  when  applicable,  local  unions  with  whom  such  subcontractor  is  a
  signatory  contractor;  and  (f) the name, address and phone number of a
  contact for such subcontractor.
3. Failure to timely comply with a request for information as provided
  herein shall be a basis for a contractor to withhold payments owed to  a
  subcontractor at any tier.
4.  Unless  otherwise  required  by law, a contractor or subcontractor
  shall not communicate an individual's personal  identifying  information
  to   the  general  public.  For  purposes  of  this  section,  "personal
  identifying information" shall have the same definition as provided  for
  in  paragraph  (d)  of subdivision one of section two hundred three-d of
  the labor law.
5. For the purposes of this section, "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.
6.  For  the purposes of this section, "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.
7. For the purposes of this section, "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.