US Laws, Codes, Statutes & Cases

 
    Section  6-109.  a.  Definitions.  For  purposes  of this section, the
  following terms shall have the following meanings:
    (1) "City" means the City of New York.
    (2) "Entity" or "Person" means any  individual,  sole  proprietorship,
  partnership,  association,  joint  venture,  limited  liability company,
  corporation or any other form of doing business.
    (3) "Homecare Services" means the provision of homecare services under
  the  city's  Medicaid  Personal  Care/Home  Attendant  or   Housekeeping
  Programs,  including  but  not  limited  to the In-Home Services for the
  Elderly Programs administered by the Department for the Aging.
    (4)  "Building  Services"  means  work   performing   any   custodial,
  janitorial, groundskeeping or security guard services, including but not
  limited  to,  washing  and  waxing floors, cleaning windows, cleaning of
  curtains, rugs, or drapes, and disinfecting and exterminating services.
    (5) "Day Care Services" means provision of day care  services  through
  the  city's  center-based  day  care program administered under contract
  with the city's administration for children's  services.  No  other  day
  care programs shall be covered, including family-based day care programs
  administered by city-contracted day care centers.
    (6)  "Head  Start  Services"  means  provision  of head start services
  through the city's center-based head start  program  administered  under
  contract  with  the  city's  administration  for children's services. No
  other head start programs shall be covered.
    (7) "Services to Persons  with  Cerebral  Palsy"  means  provision  of
  services   which   enable   persons  with  cerebral  palsy  and  related
  disabilities to lead independent and productive lives through an  agency
  that provides health care, education, employment, housing and technology
  resources to such persons under contract with the city or the department
  of education.
    (8)  "Food  Services"  means the work preparing and/or providing food.
  Such services shall include, but not be limited to, those  as  performed
  by  workers  employed  under  the  titles  as  described  in the federal
  dictionary of occupational titles for cook,  kitchen  helper,  cafeteria
  attendant,  and counter attendant. Any contracting agency letting a food
  services contract under which workers will be employed who do  not  fall
  within  the  foregoing  definitions  must  request  that the comptroller
  establish classifications and prevailing wage rates for such workers.
    (9) "Temporary Services" means the provision of services pursuant to a
  contract with a temporary services, staffing  or  employment  agency  or
  other  similar  entity where the workers performing the services are not
  employees of the contracting agency. Such services shall  include  those
  performed  by  workers  employed  under  the  titles as described in the
  federal dictionary of occupational titles for secretary, word processing
  machine operator, data entry clerk, file clerk, and general  clerk.  Any
  contracting  agency  letting  a  temporary services contract under which
  workers  will  be  employed  who  do  not  fall  within  the   foregoing
  definitions  must  request  the comptroller to establish classifications
  and prevailing wage rates for such workers.
    (10) "City Service Contract" means any written agreement  between  any
  entity  and  a  contracting  agency  whereby  a  contracting  agency  is
  committed to expend or does expend funds and the  principle  purpose  of
  such  agreement  is to provide homecare services, building services, day
  care services, head start services, services to  persons  with  cerebral
  palsy,  food  services  or  temporary  services  where  the value of the
  agreement is greater than the city's small purchases limit  pursuant  to
  section  314  of  the  city  charter.  This definition shall not include
  contracts with not-for-profit organizations, provided however, that this
  exception shall not  apply  to  not-for-profit  organizations  providing

  homecare,  headstart,  day  care  and  services to persons with cerebral
  palsy. This definition shall also not include contracts awarded pursuant
  to the emergency procurement procedure as set forth in  section  315  of
  the city charter.
    (11)  "City  Service  Contractor"  means any entity and/or person that
  enters into a city service contract with a contracting agency. An entity
  shall be deemed a city service contractor for the duration of  the  city
  service contract that it receives or performs.
    (12)  "City  Service  Subcontractor"  means  any entity and/or person,
  including, but  not  limited  to,  a  temporary  services,  staffing  or
  employment  agency  or  other  similar entity, that is engaged by a city
  service contractor to assist in performing any of  the  services  to  be
  rendered  pursuant  to a city service contract. This definition does not
  include any contractor  or  subcontractor  that  merely  provides  goods
  relating  to  a  city  service  contract  or that provides services of a
  general nature (such as relating to general office operations) to a city
  service contractor which  do  not  relate  directly  to  performing  the
  services to be rendered pursuant to the city service contract. An entity
  shall be deemed a city service contractor for the duration of the period
  during which it assists the city service subcontractor in performing the
  city service contract.
    (13)  "Contracting  Agency"  means  the  city, a city agency, the city
  council, a county, a borough, or other office, position, administration,
  department, division, bureau,  board,  commission,  corporation,  or  an
  institution  or  agency of government, the expenses of which are paid in
  whole or in part from the city treasury or the department of education.
    (14) "Covered Employer" means a city  service  contractor  or  a  city
  service subcontractor.
    (15)  "Employee"  means  any  person who performs work on a full-time,
  part-time,  temporary,  or  seasonal  basis  and   includes   employees,
  independent contractors, and contingent or contracted workers, including
  persons  made  available  to  work  through  the services of a temporary
  services, staffing or employment agency or similar entity. For  purposes
  of  this  definition  and  this  section,  "employ" means to maintain an
  employee, as defined in this section. For purposes of  counting  numbers
  of  employees  or  employed  persons  when  required  by  this  section,
  full-time, part-time, temporary, or seasonal employees shall be  counted
  as  employees.  Where an employer's work force fluctuates seasonally, it
  shall be deemed to employ  the  highest  number  of  employees  that  it
  maintains  for  any  three  month  period.  However, in the case of city
  service contractors and city service  subcontractors  that  provide  day
  care  services,  independent  contractors that are family-based day care
  providers shall not be deemed employees of the agencies and shall not be
  subject to the requirements of this section.
    (16) "Covered Employee" means an employee  entitled  to  be  paid  the
  living wage or the prevailing wage and/or health benefits as provided in
  subdivision b of this section.
    (17)  "Not-for-Profit  Organization"  means  a  corporation  or entity
  having tax exempt status under section 501(c)(3) of  the  United  States
  internal revenue code and incorporated under state not-for-profit law.
    (18)  "Prevailing  Wage  and  Supplements"  means the rate of wage and
  supplemental benefits per hour paid in the locality to  workers  in  the
  same  trade  or occupation and annually determined by the comptroller in
  accordance with the provisions of section 234  of  the  New  York  state
  labor  law  or,  for titles not specifically enumerated in or covered by
  that law, determined by the comptroller at the request of a  contracting
  agency  or  a  covered  employer  in  accordance  with the procedures of
  section 234 of the New York state labor law. As provided  under  section

  231  of  the  New York state labor law, the obligation of an employer to
  pay  prevailing  supplements  may  be  discharged  by   furnishing   any
  equivalent  combinations  of  fringe benefits or by making equivalent or
  differential payments in cash under rules and regulations established by
  the comptroller.
    (19)  "Living  Wage"  has  the  meaning  provided  in  paragraph  2 of
  subdivision b of this section.
    (20) "Health Benefits" has the meaning  provided  in  paragraph  3  of
  subdivision b of this section.
    (21)  "Health  Benefits  Supplement  Rate" has the meaning provided in
  subparagraph b of paragraph 3 of subdivision b of this section.
    b. Living Wage, Prevailing Wage and Health Benefits. (1) Coverage. (a)
  A city service contractor or city service  subcontractor  that  provides
  homecare services, day care services, head start services or services to
  persons with cerebral palsy must pay its covered employees that directly
  render  such  services  in  performance  of the city service contract or
  subcontract no less than the living wage and  must  either  provide  its
  employees  health  benefits or must supplement their hourly wage rate by
  an amount no  less  than  the  health  benefits  supplement  rate.  This
  requirement applies for each hour that the employee works performing the
  city service contract or subcontract.
    (b)  A  city  service  contractor  or  city service subcontractor that
  provides building services, food services or temporary services must pay
  its employees that are engaged in performing the city  service  contract
  or  subcontract  no  less  than  the living wage or the prevailing wage,
  whichever is  greater.  Where  the  living  wage  is  greater  than  the
  prevailing   wage,   the   city   service  contractor  or  city  service
  subcontractor must either provide its employees health benefits or  must
  supplement  their  hourly wage rate by an amount no less than the health
  benefits supplement rate. Where the prevailing wage is greater than  the
  living  wage,  the city service contractor or city service subcontractor
  must provide its  employees  the  prevailing  wage  and  supplements  as
  provided  in  paragraph  18  of  subdivision  a  of  this section. These
  requirements apply for each hour that the employee works performing  the
  city service contract or subcontract.
    (2)  The  Living Wage. The living wage shall be an hourly wage rate of
  ten dollars per hour and will be phased in as provided below.  Provided,
  however,  that  for  homecare  services under the Personal Care Services
  program, the wage and health rates below shall only apply as long as the
  state  and  federal  government  maintain   their   combined   aggregate
  proportionate  share of funding and approved rates for homecare services
  in effect as of the date of the enactment of this section:
    (a) As of the effective date of this section, $8.10 per hour;
    (b) As of July 1, 2003, $8.60 per hour;
    (c) As of July 1, 2004, $9.10 per hour;
    (d) As of July 1, 2005, $9.60 per hour;
    (e) As of July 1, 2006, $10.00 per hour.
    (3) Health Benefits. (a) Health Benefits means receipt  by  a  covered
  employee  of  a  health  care  benefits package for the covered employee
  and/or a health care benefits package for the covered employee and  such
  employee's family and/or dependents.
    (b) The Health Benefits Supplement Rate shall be $1.50 per hour.
    (c)  For  homecare  services provided under the Personal Care Services
  program, the wage and health rates above shall only apply as long as the
  state  and  federal  government  maintain   their   combined   aggregate
  proportionate  share of funding and approved rates for homecare services
  in effect as of the date of the enactment of this section.

    (d)  In  the  case  of  city  service  contractors  or  subcontractors
  providing  homecare  services,  the health benefits requirements of this
  section may be waived by the terms of a bona fide collective  bargaining
  agreement  with  respect to employees who have never worked a minimum of
  eighty  (80) hours per month for two consecutive months for that covered
  employer, but such provision may not be waived for  any  employees  once
  they  have  achieved  a minimum of eighty (80) hours for two consecutive
  months and no other provisions of this section may be so waived.
    (4) Exemption for  Employment  Programs  for  the  Disadvantaged.  The
  following   categories   of  employees  shall  not  be  subject  to  the
  requirements of this section:
    (a) Any employee who is:
    (i) Under the age of eighteen  who  is  claimed  as  a  dependent  for
  federal income tax purposes and is employed as an after-school or summer
  employee; or
    (ii)  Employed as a trainee in a bona fide training program consistent
  with federal and state law where the training program has the goal  that
  the employee advances into a permanent position; provided, however, that
  this  exemption  shall  apply  only  when  the trainee does not replace,
  displace or lower the wages or benefits of any covered employee, and the
  training does not exceed two years; and
    (b) Any disabled employee, where such disabled employee:
    (i) Is covered by a current sub-minimum wage certificate issued to the
  employer by the United States department of labor; or
    (ii) Would be covered by such a certificate but for the fact that  the
  employer  is  paying  a wage equal to or higher than the federal minimum
  wage.
    (5) Retaliation and Discrimination Barred. It shall  be  unlawful  for
  any  covered  employer  to  retaliate,  discharge, demote, suspend, take
  adverse employment action in the terms and conditions of  employment  or
  otherwise  discriminate  against  any  covered employee for reporting or
  asserting a violation of this  section,  for  seeking  or  communicating
  information  regarding  rights conferred by this section, for exercising
  any other rights protected under this section, or for  participating  in
  any  investigatory  or  court  proceeding relating to this section. This
  protection shall also apply to  any  covered  employee  or  his  or  her
  representative who in good faith alleges a violation of this section, or
  who seeks or communicates information regarding rights conferred by this
  section  in  circumstances  where  he or she in good faith believes this
  section applies. Taking adverse  employment  action  against  a  covered
  employee(s)  or  his  or  her  representative  within  sixty days of the
  covered employee engaging in any of the aforementioned activities  shall
  raise  a  rebuttable  presumption  of  having done so in retaliation for
  those activities. Any covered employee  subjected  to  any  action  that
  violates  this  subsection may pursue administrative remedies or bring a
  civil action pursuant to subsection e of this  section  in  a  court  of
  competent jurisdiction.
    (6)  Nothing in this section shall be construed to establish a wage or
  benefit pattern or  otherwise  affect  the  establishment  of  wages  or
  benefits for city employees.
    c.  Obligations  of  Covered  Employers.  (1) A covered employer shall
  comply with the wage, benefits and other requirements of this section.
    (2) Certification of Compliance. (a) Prior to the award or renewal  of
  a  city  service  contract,  the  applicant  for  award or renewal shall
  provide to the extent permitted by law the awarding contracting agency a
  certification containing the following information:
    (i) The name, address, and telephone number  of  the  chief  executive
  officer of the applicant;

    (ii)  A  statement  that,  if  the city service contract is awarded or
  renewed, the applicant agrees to comply with the  requirements  of  this
  section, and with all applicable federal, state and local laws;
    (iii)  The following workforce information concerning employees of the
  applicant that will be covered employees under the planned city  service
  contract: (a) the absolute number of covered employees and the number of
  full-time  equivalent  covered  employees;  (b)  for  all  categories of
  covered employees, the following information broken  down  by  category:
  (1)  job  classifications of covered employees in each category; and (2)
  the wages and benefits  provided  covered  employees  in  each  category
  (including  a  description of individual and family health coverage, and
  sick, annual and  terminal  leave).  The  applicant  further  agrees  to
  require  all  of  its  city  service  subcontractors to provide the same
  workforce information as described herein;
    (iv) To the extent permitted by law, a record of any instances  during
  the  preceding  five  years  in  which the applicant has been found by a
  court or government agency to have violated federal, state or local laws
  regulating payment of wages or benefits, labor relations or occupational
  safety and health, or to the extent  permitted  by  law,  in  which  any
  government  body  initiated a judicial action, administrative proceeding
  or investigation of the applicant in regard to such laws; and
    (v) An acknowledgement that a finding by a contracting agency that the
  applicant has violated the requirements of this section  may  result  in
  the cancellation or rescission of the city service contract.
    The  certification  shall  be  signed  under  penalty of perjury by an
  officer of the applicant, and shall be annexed to and form a part of the
  city   service   contract.   The   certification   (including    updated
  certifications)  and the city service contract shall be public documents
  and the contracting agency shall make them available to the public  upon
  request  for  inspection  and  copying  pursuant to the state freedom of
  information law.
    (b) A city service contractor shall each year throughout the  term  of
  the  city  service  contract submit to the contracting agency an updated
  certification, identifying any, if any exist,  changes  to  the  current
  certification.
    (c)  A  covered  employer  shall maintain original payroll records for
  each of its covered employees reflecting the days and  hours  worked  on
  contracts,  projects or assignments that are subject to the requirements
  of this section, and the wages paid and benefits provided for such hours
  worked. The covered  employer  shall  maintain  these  records  for  the
  duration  of the term of the city service contract and shall retain them
  for a period of four years after completion of  the  term  of  the  city
  service  contract.  Failure  to  maintain such records as required shall
  create a rebuttable presumption that the covered employer  did  not  pay
  its covered employees the wages and benefits required under the section.
  Upon  the  request  of  the  comptroller  or the contracting agency, the
  covered employer shall provide a certified original payroll record.
    (d) A  city  service  contractor  providing  building  services,  food
  services  or  temporary  services  shall, as required by the predecessor
  version of this section, continue  to  submit  copies  of  such  payroll
  records,  certified  by  the  city  service  contractor under penalty of
  perjury to be true and accurate, to the contracting  agency  with  every
  requisition for payment.
    (e) A city service contractor providing homecare, day care, head start
  or  services  to  persons  with  cerebral  palsy  may  comply  with  the
  certification and other reporting  requirements  of  this  paragraph  by
  submitting,  as  part of the contract proposal/contract and requests for
  payment categorical  information  about  the  wages,  benefits  and  job

  classifications of covered employees of the city service contractor, and
  of  any  city  service  subcontractors,  which  shall be the substantial
  equivalent of the information required in clause iii of subparagraph (2)
  (a) of this paragraph.
    (3)  A  city  service  contractor  shall  ensure that its city service
  subcontractors comply with the requirements of this section,  and  shall
  provide written notification to its city service subcontractors of those
  requirements,  and  include  in  any contract or agreement with its city
  service subcontractors a provision requiring them to comply  with  those
  requirements.
    (4)  No  later  than  the  day  on  which any work begins under a city
  service contract subject  to  the  requirements  of  this  section,  the
  covered employer shall post in a prominent and accessible place at every
  work  site and provide each covered employee a copy of a written notice,
  prepared by the comptroller, detailing the wages,  benefits,  and  other
  protections  to which covered employees are entitled under this section.
  Such notices shall be provided in english, spanish and  other  languages
  spoken by ten percent or more of a covered employer's covered employees.
  The  comptroller  shall provide contracting agencies with sample written
  notices  explaining  the  rights  of  covered  employees   and   covered
  employers'  obligations  under  this  section,  and contracting agencies
  shall in turn provide those written notices to city service contractors,
  which shall in turn provide them to their subcontractors.
    d.  City  Implementation  and  Reporting.  (1)  Coordination  by   the
  Comptroller.  The  comptroller shall monitor, investigate, and audit the
  compliance by all contracting agencies, and  provide  covered  employers
  and  employees  with  the information and assistance necessary to ensure
  that the section is implemented.
    (a) The mayor or his or her  designee  shall  promulgate  implementing
  rules  and  regulations  as appropriate and consistent with this section
  and may delegate such authority  to  the  comptroller.  The  comptroller
  shall  be responsible for publishing the living wage and for calculating
  and publishing  all  applicable  prevailing  wage  and  health  benefits
  supplement  rates.  The  comptroller shall annually publish the adjusted
  rates. The adjusted living wage  and  health  benefits  supplement  rate
  shall  take  effect  on July 1 of each year, and the adjusted prevailing
  wage rates shall take effect on whatever date  revised  prevailing  wage
  rates  determined  under  section  230  of  the state labor law are made
  effective.  At least 30 days prior to their effective date, the relevant
  contracting agencies, shall provide notice of the adjusted rates to city
  service contractors, which shall in turn provide written notification of
  the rate adjustments to each of their covered employees, and to any city
  service subcontractors, which shall in turn provide written notification
  to each  of  their  covered  employees.  Covered  employers  shall  make
  necessary  wage and health benefits adjustments by the effective date of
  the adjusted rates.
    (b) The comptroller and the mayor shall ensure  that  the  information
  set forth in the certifications (including annual updated certifications
  and   alternatives   to   certifications  authorized  for  city  service
  contractors providing homecare, day care,  or  head  start  services  or
  services  to persons with cerebral palsy) required to be submitted under
  paragraph 2 of subdivision c of this  section  is  integrated  into  and
  contained  in  the  city's contracting and financial management database
  established pursuant to section 6-116.2 of the administrative code. Such
  information shall to the extent permitted by law be  made  available  to
  the  public.   Provided, however, that the comptroller and the mayor may
  agree to restrict from disclosure to the public any information from the

  certifications required under paragraph  2  of  subdivision  c  of  this
  section that is of a personal nature.
    (c)  The  comptroller shall submit annual reports to the mayor and the
  city  council  summarizing  and   assessing   the   implementation   and
  enforcement  of this section during the preceding year, and include such
  information in the summary report on contracts  required  under  section
  6-116.2 of the administrative code.
    (2)  Implementation  by Contracting Agencies. (a) Contracting agencies
  shall comply with and enforce the  requirements  of  this  section.  The
  requirements  of  this section shall be a term and condition of any city
  service contract.  No  contracting  agency  may  expend  city  funds  in
  connection  with any city service contract that does not comply with the
  requirements of this section.
    (b) Every city service contract shall have annexed to it the following
  materials which shall form a part of the specifications for and terms of
  the city service contract:
    (i) A provision obligating the city service contractor to comply  with
  all applicable requirements under this section;
    (ii)  The certification required under paragraph 2 of subdivision c of
  this section;
    (iii) A schedule of  the  current  living  wage  and  health  benefits
  supplement rates, a schedule of job classifications for which payment of
  the  prevailing  wage  is  required under this section together with the
  applicable  prevailing  wage  rates  for  each  job  classification,  as
  determined  by  the  comptroller and notice that such rates are adjusted
  annually; and
    (iv) A provision providing  that:  (a)  Failure  to  comply  with  the
  requirements  of  this  section  may constitute a material breach by the
  city service contractor of the terms of the city service  contract;  (b)
  Such  failure shall be determined by the contracting agency; and (c) If,
  within thirty days after or pursuant to the terms of  the  city  service
  contract,  whichever  is  longer,  the  city  service  contractor and/or
  subcontractor receives written notice of such a breach, the city service
  contractor fails to cure such breach, the city shall have the  right  to
  pursue  any  rights  or  remedies  available under the terms of the city
  service contract or under applicable law, including termination  of  the
  contract.
    e.  Monitoring,  Investigation  and  Enforcement. (1) Enforcement. (a)
  Whenever the comptroller has reason to believe that a  covered  employer
  or  other person has not complied with the requirements of this section,
  or upon a verified complaint in  writing  from  a  covered  employee,  a
  former  employee,  an  employee's  representative, a labor union with an
  interest in the city service contract at issue,  the  comptroller  shall
  conduct  an  investigation  to  determine the facts relating thereto. In
  conducting such investigation,  the  comptroller  shall  have  the  same
  investigatory,  hearing,  and  other  powers  as  are  conferred  on the
  comptroller by sections 234 and 235 of the state labor law. At the start
  of such investigation, the comptroller may, in a manner consistent  with
  the  withholding  procedures  established  by section 235.2 of the state
  labor law, instruct or, in the  case  of  homecare  services,  day  care
  services,  head  start  services  or  services  to persons with cerebral
  palsy, advise the relevant contracting agency to  withhold  any  payment
  due the covered employer in order to safeguard the rights of the covered
  employees.   Provided,  however,  that  in  the  case  of  city  service
  contractors providing services to persons with cerebral palsy, day  care
  or  head  start  services, no such withholding of payment may be ordered
  until such time as the comptroller or contracting agency, as applicable,
  has issued an  order,  determination  or  other  disposition  finding  a

  violation  of this section and the city service contractor has failed to
  cure the violation in a timely fashion. Based upon  such  investigation,
  hearing,  and findings, the comptroller shall report the results of such
  investigation  and  hearing  to  the contracting agency, who shall issue
  such order, determination or other disposition. Such disposition may:
    (i) Direct payment of wages and/or the monetary equivalent of benefits
  wrongly denied, including interest from the date of the underpayment  to
  the  worker,  based  on  the rate of interest per year then in effect as
  prescribed by the superintendent of banks pursuant to  section  14-a  of
  the  state  banking  law,  but  in  any event at a rate no less than six
  percent per year;
    (ii) Direct the filing or disclosure of  any  records  that  were  not
  filed or made available to the public as required by this section;
    (iii)  Direct  the  reinstatement of, or other appropriate relief for,
  any person found to have been subject to retaliation  or  discrimination
  in violation of this section;
    (iv)  Direct  payment of a further sum as a civil penalty in an amount
  not exceeding twenty-five percent of the total amount found to be due in
  violation of this section;
    (v) Direct payment of the sums withheld at  the  commencement  of  the
  investigation  and  the interest that has accrued thereon to the covered
  employer; and
    (vi) Declare a finding  of  non-responsibility  and  bar  the  covered
  employer  from  receiving  city  service  contracts from the contracting
  agency for a prescribed period of time.
    In assessing an appropriate remedy, a contracting  agency  shall  give
  due consideration to the size of the employer's business, the employer's
  good  faith,  the  gravity  of  the  violation,  the history of previous
  violations and the failure to  comply  with  record-keeping,  reporting,
  anti-retaliation or other non-wage requirements. Any civil penalty shall
  be deposited in the city general revenue fund.
    (b)  In circumstances where a city service contractor fails to perform
  in accordance with any of the requirements of this section and there  is
  a  continued  need for the service, a contracting agency may obtain from
  another source  the  required  service  as  specified  in  the  original
  contract,  or  any  part thereof, and may charge the non-performing city
  service contractor for  any  difference  in  price  resulting  from  the
  alternative   arrangements,   may   assess   any  administrative  charge
  established by the contracting agency, and may, as  appropriate,  invoke
  such  other sanctions as are available under the contract and applicable
  law.
    (c) Before issuing an order, determination or any  other  disposition,
  the  comptroller or contracting agency, as applicable, shall give notice
  thereof together with a copy of the complaint, or  a  statement  of  the
  facts  disclosed  upon  investigation,  which  notice  shall  be  served
  personally or by  mail  on  any  person  or  covered  employer  affected
  thereby.  The  comptroller  or  contracting  agency,  as applicable, may
  negotiate an agreed upon stipulation of settlement or refer  the  matter
  to  the  office  of administrative trials and hearings for a hearing and
  disposition. Such person or covered employer  shall  be  notified  of  a
  hearing  date  by  the  office of administrative trials and hearings and
  shall have the opportunity to be heard in respect to such matters.
    (d) In  an  investigation  conducted  under  the  provisions  of  this
  section,  the  inquiry  of  the  comptroller  or  contracting agency, as
  applicable, shall not extend to work performed  more  than  three  years
  prior  to  the  filing  of  the  complaint,  or the commencement of such
  investigation, whichever is earlier.

    (e) When,  pursuant  to  the  provisions  of  this  section,  a  final
  disposition has been entered against a covered employer in two instances
  within  any  consecutive  six  year period determining that such covered
  employer has failed to comply with the wage, benefits, anti-retaliation,
  record-keeping  or  reporting requirements of this section, such covered
  employer, and any principal or officer  of  such  covered  employer  who
  knowingly  participated in such failure, shall be ineligible to submit a
  bid on or be awarded any city service contract  for  a  period  of  five
  years from the date of the second disposition.
    (f)  When  a  final  determination has been made in favor of a covered
  employee or other person and the person found violating this section has
  failed to comply with the payment or other terms of the  remedial  order
  of  the  comptroller  or contracting agency, as applicable, and provided
  that no proceeding for judicial review shall then  be  pending  and  the
  time   for  initiation  of  such  proceeding  shall  have  expired,  the
  comptroller or contracting agency, as applicable, shall file a  copy  of
  such  order containing the amount found to be due with the city clerk of
  the county of residence or place of business of the person found to have
  violated this section, or  of  any  principal  or  officer  thereof  who
  knowingly  participated  in the violation of this section. The filing of
  such order shall have the full force  and  effect  of  a  judgment  duly
  docketed  in  the office of such clerk. The order may be enforced by and
  in the name of the comptroller or contracting agency, as applicable,  in
  the  same  manner  and  with like effect as that prescribed by the state
  civil practice law and rules for the enforcement of a money judgment.
    (g) Before any further payment is made, or claim is permitted, of  any
  sums  or  benefits  due  under any city service contract covered by this
  section, it shall be the duty of the contracting agency to  require  the
  covered  employer,  including  each  city  service  subcontractor of the
  covered employer, that has been found to have violated the law, to  file
  a  written  statement  certifying to the amounts then due and owing from
  each such covered employer to or on behalf of all covered employees,  or
  the  city  for  wages  or  benefits  wrongly  denied  them, or for civil
  penalties assessed, and setting forth the names of the persons owed  and
  the  amount  due  to  or  on behalf of each respectively. This statement
  shall be verified as true and accurate by  the  covered  employer  under
  penalty of perjury. If any interested person shall have previously filed
  a protest in writing objecting to the payment to any covered employer on
  the ground that payment is owing to one or more employees of the covered
  employer  for  violations of this section, or if for any other reason it
  may be deemed advisable, the comptroller, a contracting  agency  or  the
  city  department  of  finance  may  deduct  from the whole amount of any
  payment to the covered employer sums admitted by the covered employer in
  the verified statement or statements to be due and owing to any  covered
  employee  before making payment of the amount certified for payment, and
  may withhold the amount so deducted for the benefit of the employees  or
  persons  that  are  owed payment as shown by the verified statements and
  may pay directly to any person the amount shown by the statements to  be
  due them.
    (h)  The  comptroller or any contracting agency shall be authorized to
  contract  with  non-governmental  agencies   to   investigate   possible
  violations  of  this  section. Where a covered employer is found to have
  violated the requirements of this section, the covered employer shall be
  liable to the city for costs incurred in investigating  and  prosecuting
  the violation.
    (2)  Enforcement  by  Private  Right  of  Action.  (a)  When  a  final
  determination has been made and such determination  is  in  favor  of  a
  covered  employee,  such  covered employee may, in addition to any other

  remedy provided by this section, institute an action  in  any  court  of
  appropriate  jurisdiction  against  the  covered  employer found to have
  violated this section. For any  violation  of  this  section,  including
  failure  to  pay  applicable wages, provide required benefits, or comply
  with other requirements of this section, including  protections  against
  retaliation  and  discrimination,  the  court  may award any appropriate
  remedy at law or equity including, but not limited to, back pay, payment
  for wrongly denied benefits, interest,  other  equitable  or  make-whole
  relief,  reinstatement,  injunctive  relief and/or compensatory damages.
  The court shall award  reasonable  attorney's  fees  and  costs  to  any
  complaining party who prevails in any such enforcement action.
    (b)  Notwithstanding  any inconsistent provision of this section or of
  any other general, special or local  law,  ordinance,  city  charter  or
  administrative  code,  an  employee  affected  by  this law shall not be
  barred from the right to recover the difference between the amount  paid
  to  the  employee  and  the  amount  which  should have been paid to the
  employee under the provisions of  this  section  because  of  the  prior
  receipt by the employee without protest of wages or benefits paid, or on
  account of the employee's failure to state orally or in writing upon any
  payroll or receipt which the employee is required to sign that the wages
  or  benefits  received by the employee are received under protest, or on
  account of the employee's failure to  indicate  a  protest  against  the
  amount,  or  that the amount so paid does not constitute payment in full
  of wages or benefits due the employee for the  period  covered  by  such
  payment.
    (c)  Such  action  must be commenced within three years of the date of
  the alleged violation, or within three years of the final disposition of
  any administrative complaint or action concerning the alleged  violation
  or,  if  such  a  disposition  is  reviewed  in a proceeding pursuant to
  article 78 of the state civil practice law and rules, within three years
  of the termination of such review proceedings. No  procedure  or  remedy
  set  forth in this section is intended to be exclusive or a prerequisite
  for asserting a claim for relief to enforce any rights  hereunder  in  a
  court of law. This section shall not be construed to limit an employee's
  right to bring a common law cause of action for wrongful termination.
    f.  Other provisions. (1) Except where expressly provided otherwise in
  this section, the requirements of  this  section  shall  apply  to  city
  service contracts entered into after the effective date of this section,
  and  shall  not apply to any existing city service contract entered into
  prior to that date. Where a city service contract is renewed or extended
  after the effective date of this  section,  such  renewal  or  extension
  shall  be  deemed  new city service contracts and shall trigger coverage
  under this section if the terms of the renewed or extended city  service
  contract,  otherwise  meet  the  requirements  for  coverage  under this
  section.  However,   city   service   contractors   and   city   service
  subcontractors that provide services to persons with cerebral palsy, day
  care   services   or  head  start  services  shall  be  subject  to  the
  requirements of this section only upon the  award  or  renewal  of  city
  service contracts after the effective date of this section. City service
  contractors  and  city  service  subcontractors  that  provide  homecare
  services  shall  be  subject  to  the  requirements  of   this   section
  immediately upon the effective date of this section.
    (2) Members of the public shall have a right of access to documents or
  information that is designated as public under article six of the public
  officers  law.  Such  public documents or information as pursuant to the
  law shall be made available to the public for  inspection  and  copying.
  The  custodians of such documents or information may charge a reasonable
  fee, not to exceed twenty-five cents per page, for copying.

    (3)  Contracting  agencies  shall   begin   requiring   city   service
  contractors  to  supplement  the  information  currently  required to be
  submitted pursuant to section 6-116.2 of the  administrative  code  with
  the  additional information specified in clause iii of subparagraph a of
  paragraph  2 of subdivision c of this section. This information shall be
  compiled by the contracting agency  and  included  in  the  computerized
  database jointly maintained by the mayor and the comptroller pursuant to
  section 6-116.2 of the administrative code.
    (4)  Nothing  in  this  section  shall  be construed as prohibiting or
  conflicting with any other obligation or law, including  any  collective
  bargaining  agreement, that mandates the provision of higher or superior
  wages, benefits, or protections to covered employees. No requirement  or
  provision  of  this section shall be construed as applying to any person
  or circumstance where such coverage would be  preempted  by  federal  or
  state   law.   However,  in  such  circumstances,  only  those  specific
  applications or provisions of this section for which coverage  would  be
  preempted shall be construed as not applying.
    (5) In the event that any requirement or provision of this section, or
  its application to any person or circumstance, should be held invalid or
  unenforceable by any court of competent jurisdiction, such holding shall
  not  invalidate  or  render  unenforceable  any  other  requirements  or
  provisions of this section, or the application  of  the  requirement  or
  provision held invalid to any other person or circumstance.