Title LAB, Labor

§ 224. Contracting for public work; enforcement. 1. The commissioner\nshall have the power to enforce any provision of law requiring the\npreparation of separate specifications for public work contracts.\nWhenever the commissioner determines that an agency, board, department,\nc…

§ 224-a. Prevailing wage requirements applicable to construction\nprojects performed under private contract. 1. Subject to the provisions\nof this section, each "covered project" as defined in this section shall\nbe subject to prevailing wage requirements in accordance with sect…

§ 224-b. Stop-work orders. Where a complaint is received pursuant to\nthis article, or where the fiscal officer upon his or her own\ninvestigation, finds cause to believe that any person, in connection\nwith the performance of any contract for public work pursuant to section\ntw…

§ 224-c. Public subsidy board. 1. A board on public subsidies,\nhereinafter "the board", is hereby created, to consist of thirteen\nmembers. The thirteen members shall be appointed by the governor as\nfollows: one member upon the recommendation of the temporary president\nof the…

§ 224-d. Wage requirements for certain renewable energy systems. 1.\nFor purposes of this section, a "covered renewable energy system" means\n(a) a renewable energy system, as such term is defined in section\nsixty-six-p of the public service law, with a capacity of one or more\…

§ 224-e. Wage requirements for certain broadband projects. 1. For\npurposes of this section, a "covered broadband project" means a\nbroadband project funded by programs established pursuant to\nsubdivisions seven and eight of section sixteen-gg of the New York state\nurban devel…

* § 224-f. Wage requirements for certain climate risk-related and\nenergy transition projects. 1. For purposes of this section, a "covered\nclimate risk-related and energy transition project" means a construction\nproject that receives at least one hundred thousand dollars of fu…

* § 224-f. Workers on excavations. 1. For the purposes of this\nsection:\n a. "Covered excavation project" shall mean construction work for which\na permit may be issued to a contractor or subcontractor of a utility\ncompany by the state, a county or a municipality to use, excav…

* § 224-g. Wage requirements for reporting and scheduling pay. 1.\nNotwithstanding any law, rule or regulation to the contrary, for any\nconstruction projects covered by sections two hundred twenty, two\nhundred twenty-b, two hundred twenty four-a, two hundred twenty four-d,\ntw…

§ 225. Hours of labor and wages on work of elimination of grade\ncrossings. All work of every kind upon the elimination of railroad\ngrade crossings under article seven, section fourteen of the\nconstitution, under chapters six hundred and seventy-seven, six hundred\nand seventy…

§ 225-a. General requirements making applicable certain provisions of\narticle eight and providing for enforcement thereof. All work of every\nkind to which the preceding section is applicable shall hereafter be\nsubject to application of all the provisions of sections two hundr…

§ 226. Wages for such work; prevailing rate. The wages to be paid for\na day's work of eight hours as referred to hereinbefore, to laborers,\nworkmen or mechanics upon such public works shall be not less than the\nprevailing rate for a day's work in the same trade or occupation …

§ 227. Enforcement of the provisions of this article. The procedure\nfor ascertaining and determining the hours of labor and the prevailing\nrate of wage shall be as prescribed by section two hundred and twenty of\nthis chapter, except that the "fiscal officer," referred to ther…

§ 23. Administrative regulations. The commissioner may make, amend and\nrepeal regulations necessary for the internal administration of the\ndepartment, and not in conflict with the rules adopted by the workmen's\ncompensation board or the industrial board of appeals pursuant to…

§ 230. Definitions. As used in this article:\n 1. "Building service employee" or "employee" means any person\nperforming work in connection with the care or maintenance of an\nexisting building, or in connection with the transportation of office\nfurniture or equipment to or fro…

§ 231. Prevailing wage. 1. Every contractor shall pay a service\nemployee under a contract for building service work a wage of not less\nthan the prevailing wage in the locality for the craft, trade or\noccupation of the service employee.\n 2. The obligation of a contractor to p…

§ 232. Overtime. An employee, employed by a contractor, who works more\nthan eight hours in any one day or more than forty hours in any workweek\nshall be paid wages for such overtime at a rate not less than\none-and-one-half times his prevailing basic cash hourly rate.\n

§ 233. Record keeping. 1. In all cases where service work is being\nperformed pursuant to a contract therefor the contractor shall keep\noriginal payrolls or transcripts thereof, subscribed and confirmed by\nhim as true, under penalties of perjury, showing the hours and days\nwo…

§ 234. Powers of the fiscal officer. 1. In addition to the powers\nenumerated elsewhere in this article, the fiscal officer shall have the\npower:\n (a) to cause an investigation to be made to determine the wages\nprevailing in any locality in all crafts, trades and occupations\…

§ 235. Investigation and hearing. 1. Whenever the fiscal officer has\nreason to believe that a service employee has been paid less than the\nwages stipulated in the contract, or if such contract has no wage\nschedule attached thereto and the fiscal officer has reason to believe\…

§ 236. Failure to protest underpayments. Notwithstanding any\ninconsistent provision of this chapter or of any other general, special\nor local law, ordinance, charter or administrative code, a service\nemployee shall not be barred from his right to recover the difference\nbetwe…

§ 237. Statements showing amounts due for wages. 1. Subcontractors\nengaged for service work by a contractor or its subcontractor shall,\nupon receipt from the contractor or its subcontractor of the schedule of\nwages and supplements specified in the contract, provide to the\nco…

§ 238. Penalties. 1. Any contractor or subcontractor who shall upon\nhis oath verify any statement required to be filed under this article\nwhich is known by him to be false shall be guilty of perjury and\npunishable as provided by the penal law.\n 2. When a contract for service…

§ 239. Provisions in contracts prohibiting discrimination on account\nof race, creed, color, national origin, age or sex. Every contract for\nservice work shall contain provisions by which the contractor agrees:\n (1) that in the hiring of employees for the performance of work u…

§ 239-a. Enforcement of article. If the fiscal officer, as defined\nherein, finds that any contractor on service work fails to comply with\nor evades the provisions of this article, he shall present evidence of\nsuch noncompliance or evasion to the public agency having charge of…

§ 24. Delegation of powers by commissioner. The commissioner may by\norder filed in the department delegate any of his powers to or direct\nany of his duties to be performed by the deputy commissioner or a head\nof a division or bureau of such department.\n

§ 240. Scaffolding and other devices for use of employees. 1. All\ncontractors and owners and their agents, except owners of one and\ntwo-family dwellings who contract for but do not direct or control the\nwork, in the erection, demolition, repairing, altering, painting,\ncleani…

§ 241. Construction, excavation and demolition work. All contractors\nand owners and their agents, except owners of one and two-family\ndwellings who contract for but do not direct or control the work, when\nconstructing or demolishing buildings or doing any excavating in\nconne…

§ 241-a. Protection of workmen in or at elevator shaftways, hatchways\nand stairwells. Any men working in or at elevator shaftways, hatchways\nand stairwells of buildings in course of construction or demolition\nshall be protected by sound planking at least two inches thick laid…

§ 241-b. Marking of transparent glass doors required. All transparent\nglass doors in mercantile establishments and in public and commercial\nbuildings and structures shall be marked in such manner as shall be\ncalculated to warn persons using the same that such doors are glass\…

§ 242. Application and enforcement of article. Notwithstanding any\nother law or regulation, local or general, the provisions of this\narticle and the rules issued thereunder shall be applicable exclusively\nthroughout the state and the commissioner shall have exclusive authorit…

§ 25. Power to enter and inspect premises. The commissioner or the\nofficers and employees of the department shall inspect every place which\nis, or which they have reasonable cause to believe is, affected by the\nprovisions of this chapter, and they may in the discharge of thei…

§ 25-a. Power to administer the New York youth jobs program tax\ncredit.\n (a) The commissioner is authorized to establish and administer the\nprogram established under this section to provide tax incentives to\nemployers for employing at risk youth in part-time and full-time\np…

§ 25-b. Power to administer the workers with disabilities tax credit\nprogram. (a) The commissioner is authorized to establish and administer\nthe workers with disabilities tax credit program to provide tax\nincentives to employers for employing individuals with developmental\nd…

§ 25-c. Power to administer the empire state apprenticeship tax credit\nprogram. (a) The commissioner is authorized to establish and administer\nthe empire state apprenticeship tax credit program to provide tax\nincentives to certified employers for employing qualified apprentic…

§ 255. Elevators and hoistways. Every elevator used in connection\nwith a factory, the elevator opening and the machinery connected\ntherewith, and every hoistway, hatchway and well-hole shall be so\nconstructed, guarded, equipped, maintained and operated as to be safe\nfor all …

§ 257. Illumination. 1. In every factory proper lighting shall be\nprovided during working hours for:\n a. All places where persons work or pass, or may have to work or pass\nin emergencies;\n b. All elevator cars and entrances;\n c. All halls and stairs leading to workrooms;\n …

§ 26. Examination of books and papers. All papers, books, records or\nother documents required to be kept by the provisions of this chapter or\nof the industrial code shall at all times be open for the inspection of\nthe commissioner and the officers and employees of the departm…

§ 260. Incombustible, fireproof and fire-resisting or fire-resistive\nmaterial. 1. "Incombustible material" means material which will not burn\nor support combustion as determined and specified in the rules of the\nboard.\n 2. "Fireproof material" means material capable of resis…

§ 261. Fire door. "Fire door" means a door constructed of such\nfire-resisting material as shall be specified in the rules of the board.\nThe board shall determine and specify in its rules the materials and the\nmanner of construction and erection of such doors, the sills thereo…

§ 262. Fireproof window or fire window. "Fireproof window" or "fire\nwindow" means a window with metal frame and sash, or frame and sash\ncovered with metal, and provided with wired glass or of such other\nmaterials, construction and operation as the board shall specify in its\n…

§ 263. Fireproof partition or fire partition. "Fireproof partition" or\n"fire partition" means a partition built of brick, or concrete, or\nreinforced concrete, or cinder block, or concrete block, or tile, or\nterra cotta blocks conforming with the requirements of the board. The…

§ 264. Fireproof building. "Fireproof building" means a building\nconforming to the following requirements:\n 1. All exterior walls shall be constructed of brick, or stone, or\nconcrete, or cinder block, or concrete block, or tile, or terra cotta or\nsuch other material as shall…

§ 265. Fire wall. "Fire wall" means a wall which subdivides a building\nor separates buildings to restrict the spread of fire, and which starts\nat the foundation and extends through all stories to or above the roof\nas may be specified in the rules of the board. The board shall…

§ 266. Exterior enclosed fireproof stairway. "Exterior enclosed\nfireproof stairway" means a stairway conforming to the following\nrequirements:\n 1. It shall be completely enclosed from top to bottom by walls of\nfireproof material not less than eight inches thick extending fro…

§ 267. Horizontal exit. 1. "Horizontal exit" means the connection by\none or more openings, protected by firedoors, through a fire wall in any\nbuilding, or through a wall or walls between two buildings, which doors\nshall continuously be unlocked and the opening unobstructed wh…

§ 268. Exterior screened stairway. "Exterior screened stairway" means\na stairway conforming to the following requirements:\n 1. It shall be built of incombustible material.\n 2. The risers of the stairs shall not be more than seven and\nthree-quarters inches in height and the t…

§ 269. Application of provisions. 1. The provisions of sections two\nhundred and sixty-one, two hundred and sixty-two, two hundred and\nsixty-three, two hundred and sixty-five, two hundred and sixty-six, and\ntwo hundred and sixty-seven shall apply to all buildings erected after…

§ 27. Safety and health standards. 1. Application. Notwithstanding\nany other provision in this chapter, a safety or health standard\npromulgated under this section shall apply only to employees not covered\nby a federal occupational safety or health standard promulgated under\n…

§ 27-a. Safety and health standards for public employees. 1.\nDefinitions. As used in this section:\n * a. "Employer" means the state, any political subdivision of the\nstate, a public authority or any other governmental agency or\ninstrumentality thereof.\n * NB Effective until…