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 crossings. All work of every kind upon the elimination of railroad grade crossings under article seven, section fourteen of the constitution, under chapters six hundred and seventy-seven, six hundred and seventy-eig…

§ 225-a. General requirements making applicable certain provisions of article eight and providing for enforcement thereof. All work of every kind to which the preceding section is applicable shall hereafter be subject to application of all the provisions of sections two hundred …

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

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

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

§ 230. Definitions. As used in this article: 1. "Building service employee" or "employee" means any person performing work in connection with the care or maintenance of an existing building, or in connection with the transportation of office furniture or equipment to or from suc…

§ 231. Prevailing wage. 1. Every contractor shall pay a service employee under a contract for building service work a wage of not less than the prevailing wage in the locality for the craft, trade or occupation of the service employee. 2. The obligation of a contractor to pay pr…

§ 232. Overtime. An employee, employed by a contractor, who works more than eight hours in any one day or more than forty hours in any workweek shall be paid wages for such overtime at a rate not less than one-and-one-half times his prevailing basic cash hourly rate.

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

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

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

§ 236. Failure to protest underpayments. Notwithstanding any inconsistent provision of this chapter or of any other general, special or local law, ordinance, charter or administrative code, a service employee shall not be barred from his right to recover the difference between t…

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

§ 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…

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

§ 239-a. Enforcement of article. If the fiscal officer, as defined herein, finds that any contractor on service work fails to comply with or evades the provisions of this article, he shall present evidence of such noncompliance or evasion to the public agency having charge of su…

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

§ 240. Scaffolding and other devices for use of employees. 1. All contractors and owners and their agents, except owners of one and two-family dwellings who contract for but do not direct or control the work, in the erection, demolition, repairing, altering, painting, cleaning o…

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

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

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

§ 242. Application and enforcement of article. Notwithstanding any other law or regulation, local or general, the provisions of this article and the rules issued thereunder shall be applicable exclusively throughout the state and the commissioner shall have exclusive authority t…

§ 25. Power to enter and inspect premises. The commissioner or the officers and employees of the department shall inspect every place which is, or which they have reasonable cause to believe is, affected by the provisions of this chapter, and they may in the discharge of their d…

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

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

§ 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 with a factory, the elevator opening and the machinery connected therewith, and every hoistway, hatchway and well-hole shall be so constructed, guarded, equipped, maintained and operated as to be safe for all pers…

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

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

§ 260. Incombustible, fireproof and fire-resisting or fire-resistive material. 1. "Incombustible material" means material which will not burn or support combustion as determined and specified in the rules of the board. 2. "Fireproof material" means material capable of resisting …

§ 261. Fire door. "Fire door" means a door constructed of such fire-resisting material as shall be specified in the rules of the board. The board shall determine and specify in its rules the materials and the manner of construction and erection of such doors, the sills thereof, …

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

§ 263. Fireproof partition or fire partition. "Fireproof partition" or "fire partition" means a partition built of brick, or concrete, or reinforced concrete, or cinder block, or concrete block, or tile, or terra cotta blocks conforming with the requirements of the board. The bo…

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

§ 265. Fire wall. "Fire wall" means a wall which subdivides a building or separates buildings to restrict the spread of fire, and which starts at the foundation and extends through all stories to or above the roof as may be specified in the rules of the board. The board shall de…

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

§ 267. Horizontal exit. 1. "Horizontal exit" means the connection by one or more openings, protected by firedoors, through a fire wall in any building, or through a wall or walls between two buildings, which doors shall continuously be unlocked and the opening unobstructed whene…

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

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

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

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