NEW YORK
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7)
Enforcement: what are the penalties for violations? Criminal
or fines?
A.) Failure to provide the requested information
(information on payroll records) within the allotted ten days
will result in the withholding of up to 25% of the contract,
not to exceed one hundred thousand dollars. (New York State
Department of Labor)
B.) A failure to provide a schedule (Prevailing Rate Schedule)
by a contractor or subcontractor is a violation of Article 8
of the Labor Law. (New York State Department of Labor)
C.) When a complaint is filed with the Commissioner
of Labor alleging the failure of a contractor or subcontractor
to pay or provide the prevailing wages or supplements, or when
the Commissioner of Labor believes that unpaid wages or supplements
may be due, payments on the public work contract shall be withheld
from the prime contractor in a sufficient amount to satisfy
the alleged unpaid wages and supplements, including interest
and civil penalty, pending a final determination. (New York
State Department of Labor)
D.) When the Bureau of Public Work finds that
a contractor or subcontractor on a public work project failed
to pay or provide the requisite prevailing wages or supplements,
the Bureau is authorized by Sections 220-b and 235.2 of the
Labor Law to so notify the financial officer of the Department
of Jurisdiction (Contracting Agency) that awarded the public
work contract. Such officer MUST then withhold or cause to be
withheld from any payment due the prime contractor on account
of such contract the amount indicated by the Bureau as sufficient
to satisfy the unpaid wages and supplements, including interest
and any civil penalty that may be assessed by the Commissioner
of Labor. The withholding continues until there is a final determination
of the underpayment by the Commissioner of Labor or by the court
in the event a legal proceeding is instituted for review of
the determination of the Commissioner of Labor. (New York State
Department of Labor)
E.) Willful violations of the Prevailing Wage
Law (Article 8 of the Labor Law) constitute a misdemeanor punishable
by fine or imprisonment, or both. (New York State Department
of Labor)
