State Codes and Statutes

Statutes > New-york > Lab > Article-25-b > 861-d

* §  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.    * NB Effective October 26, 2010

State Codes and Statutes

Statutes > New-york > Lab > Article-25-b > 861-d

* §  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.    * NB Effective October 26, 2010

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Lab > Article-25-b > 861-d

* §  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.    * NB Effective October 26, 2010