Labor Law 861-D — Legislation

Legislation Search OpenLegislation Statutes Search Term Search icon Search previous SECTION 861-C Presumption of employment in the construction industry up ARTICLE 25-B The New York State Construction Industry Fair Play Act next SECTION 861-E Violations and penalties Viewing most recent revision (from 2014-09-22) View historical revision as of: -- Choose a Date -- 2014-09-22 Share Facebook Email SECTION 861-D Notice to persons receiving remuneration from contractors and subcontractors Labor (LAB) CHAPTER 31, ARTICLE 25-B § 861-d. Notice to persons receiving remuneration from contractors and subcontractors. 1. Every contractor shall post in a prominent and accessible place on the site where the construction is performed a legible statement, provided by the commissioner, that describes the responsibility of independent contractors to pay taxes required by state and federal law, the rights of employees to workers' compensation, unemployment benefits, minimum wage, overtime and other federal and state workplace protections, and the protections against retaliation and the penalties in this article if the contractor fails to properly classify an individual as an employee. This notice shall also contain contact information for individuals to file complaints or inquire with the commissioner about employment classification status. This information shall be provided in English, Spanish or other languages required by the commissioner. The posted statement shall be constructed of materials capable of withstanding adverse weather conditions. 2. Within thirty days of the effective date of this article, the commissioner shall create the notice described in subdivision one of this section and post the notice on the department's website for downloading by contractors. 3. Contractors who violate this section shall be subject to a civil penalty of up to one thousand five hundred dollars for a first violation, and up to five thousand dollars for a subsequent violation within a five year period.