State Codes and Statutes

Statutes > New-york > Pba > Article-5 > Title-11 > 1269-g

§  1269-g.  Requirements  for  certain authority contracts and related  subcontracts. 1. Any contractor or subcontractor subject to the  posting  requirements  of  paragraph  a  of  subdivision  three-a  of section two  hundred twenty of the labor law with respect to a public works  contract  of the authority shall:    (a)  post  information conforming to the provisions of subdivision two  of this section  in  one  or  more  conspicuous  places  at  each  major  workplace  site  where  persons  who  perform  work  on  the contract or  subcontract, including management, are most likely to see such postings;  provided that, this requirement may be satisfied by  the  displaying  of  such  information with other notices that inform persons of rights under  federal or state laws or rules, human resource policies,  or  collective  bargaining agreements;    (b)  post  information conforming to the provisions of subdivision two  of this section on an internet and intranet website,  if  any,  of  that  person  or business organization; provided that, this requirement may be  satisfied by providing on such website a conspicuous  hyperlink  to  the  authority  website  maintained  pursuant  to  subdivision  three of this  section, which hyperlink shall be  labeled  "Protections  for  Reporting  Fraud in New York";    (c)  distribute  information  specified  in  subdivision  two  of this  section to those persons, including employees and managers, who  perform  work  on  the contract; provided that, this requirement may be satisfied  by distributing such information in an employee handbook  or  through  a  specific  electronic communication containing the information to a known  electronic mail address maintained by the person; and    (d) comply with the provisions of this subdivision, and provide to the  authority satisfactory evidence of such compliance, within ninety days.    2. The disclosures required by subdivision one of this section shall:    (a) provide the telephone numbers and addresses to report  information  of  fraud  or  other illegal activity to the appropriate officers of the  inspector general of the  authority  and  the  attorney-general  of  the  state;    (b)  describe  in  detail  conduct  prohibited  by section one hundred  eighty-nine of the state finance law,  and  the  role  of  that  act  in  preventing  and  detecting  fraud  and  abuse  in  work  paid for by the  authority or with funds originating from the authority;    (c) notify prospective qui tam plaintiffs on how to  file  a  qui  tam  action,  including  the  necessity to contact private counsel skilled in  filing such actions and of  the  potential  for  cash  rewards  in  such  actions   based  on  the  percentage  of  the  funds  recovered  by  the  government; and    (d) describe prohibitions on employer retaliation against persons  who  file  or  assist actions under article thirteen of the state finance law  (the New  York  false  claims  act)  pursuant  to  section  one  hundred  ninety-one  of the state finance law, or who report illegal conduct that  threatens the health or safety of the public pursuant to  section  seven  hundred forty of the labor law.    3.  No  later  than  forty-five  days after the effective date of this  section, the authority shall establish and continuously maintain on  its  public  website  and  its  intranet  site  a page that shall provide the  information specified in subdivision two of this section, and that shall  also provide sample statements, displays and  other  materials  suitable  for  insertion  in  employee  handbooks  or  posting at workplaces or on  websites that would satisfy the disclosure requirements of this section.    4. On and after the effective date  of  this  section,  the  authority  shall  not  enter into any contract described in subdivision one of this  section that does not incorporate the terms of this section.5. Material compliance by a covered person  or  business  organization  that   has   contracted   with  the  authority  under  a  contract  that  incorporates the terms of this section shall be a material condition  of  payment for the provision of goods or services.    6.  The authority is authorized to adopt such rules and regulations as  are necessary to effect the purposes of this section.

State Codes and Statutes

Statutes > New-york > Pba > Article-5 > Title-11 > 1269-g

§  1269-g.  Requirements  for  certain authority contracts and related  subcontracts. 1. Any contractor or subcontractor subject to the  posting  requirements  of  paragraph  a  of  subdivision  three-a  of section two  hundred twenty of the labor law with respect to a public works  contract  of the authority shall:    (a)  post  information conforming to the provisions of subdivision two  of this section  in  one  or  more  conspicuous  places  at  each  major  workplace  site  where  persons  who  perform  work  on  the contract or  subcontract, including management, are most likely to see such postings;  provided that, this requirement may be satisfied by  the  displaying  of  such  information with other notices that inform persons of rights under  federal or state laws or rules, human resource policies,  or  collective  bargaining agreements;    (b)  post  information conforming to the provisions of subdivision two  of this section on an internet and intranet website,  if  any,  of  that  person  or business organization; provided that, this requirement may be  satisfied by providing on such website a conspicuous  hyperlink  to  the  authority  website  maintained  pursuant  to  subdivision  three of this  section, which hyperlink shall be  labeled  "Protections  for  Reporting  Fraud in New York";    (c)  distribute  information  specified  in  subdivision  two  of this  section to those persons, including employees and managers, who  perform  work  on  the contract; provided that, this requirement may be satisfied  by distributing such information in an employee handbook  or  through  a  specific  electronic communication containing the information to a known  electronic mail address maintained by the person; and    (d) comply with the provisions of this subdivision, and provide to the  authority satisfactory evidence of such compliance, within ninety days.    2. The disclosures required by subdivision one of this section shall:    (a) provide the telephone numbers and addresses to report  information  of  fraud  or  other illegal activity to the appropriate officers of the  inspector general of the  authority  and  the  attorney-general  of  the  state;    (b)  describe  in  detail  conduct  prohibited  by section one hundred  eighty-nine of the state finance law,  and  the  role  of  that  act  in  preventing  and  detecting  fraud  and  abuse  in  work  paid for by the  authority or with funds originating from the authority;    (c) notify prospective qui tam plaintiffs on how to  file  a  qui  tam  action,  including  the  necessity to contact private counsel skilled in  filing such actions and of  the  potential  for  cash  rewards  in  such  actions   based  on  the  percentage  of  the  funds  recovered  by  the  government; and    (d) describe prohibitions on employer retaliation against persons  who  file  or  assist actions under article thirteen of the state finance law  (the New  York  false  claims  act)  pursuant  to  section  one  hundred  ninety-one  of the state finance law, or who report illegal conduct that  threatens the health or safety of the public pursuant to  section  seven  hundred forty of the labor law.    3.  No  later  than  forty-five  days after the effective date of this  section, the authority shall establish and continuously maintain on  its  public  website  and  its  intranet  site  a page that shall provide the  information specified in subdivision two of this section, and that shall  also provide sample statements, displays and  other  materials  suitable  for  insertion  in  employee  handbooks  or  posting at workplaces or on  websites that would satisfy the disclosure requirements of this section.    4. On and after the effective date  of  this  section,  the  authority  shall  not  enter into any contract described in subdivision one of this  section that does not incorporate the terms of this section.5. Material compliance by a covered person  or  business  organization  that   has   contracted   with  the  authority  under  a  contract  that  incorporates the terms of this section shall be a material condition  of  payment for the provision of goods or services.    6.  The authority is authorized to adopt such rules and regulations as  are necessary to effect the purposes of this section.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Pba > Article-5 > Title-11 > 1269-g

§  1269-g.  Requirements  for  certain authority contracts and related  subcontracts. 1. Any contractor or subcontractor subject to the  posting  requirements  of  paragraph  a  of  subdivision  three-a  of section two  hundred twenty of the labor law with respect to a public works  contract  of the authority shall:    (a)  post  information conforming to the provisions of subdivision two  of this section  in  one  or  more  conspicuous  places  at  each  major  workplace  site  where  persons  who  perform  work  on  the contract or  subcontract, including management, are most likely to see such postings;  provided that, this requirement may be satisfied by  the  displaying  of  such  information with other notices that inform persons of rights under  federal or state laws or rules, human resource policies,  or  collective  bargaining agreements;    (b)  post  information conforming to the provisions of subdivision two  of this section on an internet and intranet website,  if  any,  of  that  person  or business organization; provided that, this requirement may be  satisfied by providing on such website a conspicuous  hyperlink  to  the  authority  website  maintained  pursuant  to  subdivision  three of this  section, which hyperlink shall be  labeled  "Protections  for  Reporting  Fraud in New York";    (c)  distribute  information  specified  in  subdivision  two  of this  section to those persons, including employees and managers, who  perform  work  on  the contract; provided that, this requirement may be satisfied  by distributing such information in an employee handbook  or  through  a  specific  electronic communication containing the information to a known  electronic mail address maintained by the person; and    (d) comply with the provisions of this subdivision, and provide to the  authority satisfactory evidence of such compliance, within ninety days.    2. The disclosures required by subdivision one of this section shall:    (a) provide the telephone numbers and addresses to report  information  of  fraud  or  other illegal activity to the appropriate officers of the  inspector general of the  authority  and  the  attorney-general  of  the  state;    (b)  describe  in  detail  conduct  prohibited  by section one hundred  eighty-nine of the state finance law,  and  the  role  of  that  act  in  preventing  and  detecting  fraud  and  abuse  in  work  paid for by the  authority or with funds originating from the authority;    (c) notify prospective qui tam plaintiffs on how to  file  a  qui  tam  action,  including  the  necessity to contact private counsel skilled in  filing such actions and of  the  potential  for  cash  rewards  in  such  actions   based  on  the  percentage  of  the  funds  recovered  by  the  government; and    (d) describe prohibitions on employer retaliation against persons  who  file  or  assist actions under article thirteen of the state finance law  (the New  York  false  claims  act)  pursuant  to  section  one  hundred  ninety-one  of the state finance law, or who report illegal conduct that  threatens the health or safety of the public pursuant to  section  seven  hundred forty of the labor law.    3.  No  later  than  forty-five  days after the effective date of this  section, the authority shall establish and continuously maintain on  its  public  website  and  its  intranet  site  a page that shall provide the  information specified in subdivision two of this section, and that shall  also provide sample statements, displays and  other  materials  suitable  for  insertion  in  employee  handbooks  or  posting at workplaces or on  websites that would satisfy the disclosure requirements of this section.    4. On and after the effective date  of  this  section,  the  authority  shall  not  enter into any contract described in subdivision one of this  section that does not incorporate the terms of this section.5. Material compliance by a covered person  or  business  organization  that   has   contracted   with  the  authority  under  a  contract  that  incorporates the terms of this section shall be a material condition  of  payment for the provision of goods or services.    6.  The authority is authorized to adopt such rules and regulations as  are necessary to effect the purposes of this section.