NY S08379

Expands prevailing wage requirements beyond building service work to include janitorial and security service work performed for public agencies under contracts exceeding $10,000, and includes work by third-party entities leasing space from public agencies (excluding Business Improvement Districts and private buildings under 10,000 square feet).

Extends definition of "public agency" to include public utilities distributing electric, gas, or steam services at retail rates regulated by the Public Service Commission, and their substantially-owned affiliated entities.

Establishes that third-party persons or entities entering lease agreements with public agencies for service work must be treated as agents of the public agency with nondelegable obligations to pay prevailing wages, and requires written agreements delineating responsibilities for payroll reporting and retention.

Increases criminal penalties for willfully failing to pay prevailing wages from a misdemeanor with fines up to $1,000 to a misdemeanor with fines up to $2,500 (or twice the underpayment amount, whichever is greater) and up to one year imprisonment; makes subsequent violations within six years a Class E felony with fines up to $5,000 (or triple underpayment) and additional imprisonment.

Grants fiscal officers authority to require payroll records within ten days and withhold up to 25 percent of contract payments (not exceeding $500,000) for non-compliance; makes willful failure to file payroll records a Class E felony.