Labor Law 238 — Legislation

Legislation Search OpenLegislation Statutes Search Term Search icon Search previous SECTION 237 Statements showing amounts due for wages up ARTICLE 9 Prevailing Wage For Building Service Employees next SECTION 239 Provisions in contracts prohibiting discrimination on account of race, creed, color, national origin, age or sex Viewing most recent revision (from 2021-04-02) View historical revision as of: -- Choose a Date -- 2021-04-02 2021-01-08 2020-06-12 2020-04-17 2020-02-14 2014-09-22 Share Facebook Email SECTION 238 Penalties Labor (LAB) CHAPTER 31, ARTICLE 9 § 238. Penalties. 1. Any contractor or subcontractor who shall upon his oath verify any statement required to be filed under this article which is known by him to be false shall be guilty of perjury and punishable as provided by the penal law. 2. When a contract for service work contains as part thereof a schedule of wages as provided for in this article, any contractor who, after entering into such contract, and any subcontractor of such contractor who fails to pay to any service employee the wages stipulated in such wage schedule is guilty of a misdemeanor and upon conviction shall be punished for a first offense by a fine of five hundred dollars or by imprisonment for not more than thirty days or by both fine and imprisonment; for a second offense by a fine of one thousand dollars, and in addition thereto the contract on which the violation has occurred shall be forfeited; and no such contractor shall be entitled to receive any sum, nor shall any officer, agent or employee of the contracting public agency pay any such sum or authorize its payment from the funds under his charge or control to such contractor for work done upon the contract on which the contractor has been convicted of a second offense. If the contractor or subcontractor is a corporation, any officer of such corporation who knowingly permits the corporation to fail to make such payment shall also be guilty of a misdemeanor and the criminal and civil penalties herein shall attach to such officer upon conviction.