2021 New York Laws
LAB - Labor
Article 6 - Payment of Wages
198-E - Construction Industry Wage Theft.

* § 198-e. Construction industry wage theft. 1. A contractor making or
  taking  a  construction  contract  shall  assume  liability for any debt
  resulting from an action under section one hundred ninety-eight of  this
  article,  owed  to a wage claimant or third party on the wage claimant's
  behalf, incurred by a subcontractor at any tier acting under, by, or for
  the contractor or its subcontractors for the wage claimant's performance
  of labor.
2. No agreement or release by an employee or  subcontractor  to  waive
  liability  assigned  to  a  contractor under this section shall be valid
  except as otherwise provided herein.  The  provisions  of  this  section
  shall  not be deemed to impair the rights of a contractor to maintain an
  action against a subcontractor for amounts for owed wages that are  paid
  by a contractor pursuant to this section.
3.  Notwithstanding any other provision of law, the remedies available
  for a claim pursuant to subdivision one of this section  shall  only  be
  civil and administrative actions.
4. In the case of a private civil action by an employee, such employee
  may  designate  any  person, organization or collective bargaining agent
  authorized to file a complaint with the commissioner pursuant to section
  one hundred ninety-six-a of this article, to make a wage claim on his or
  her behalf.
5. In the case of an action against a  subcontractor,  the  contractor
  shall  be  considered jointly and severally liable for any unpaid wages,
  benefits, wage supplements, and any other remedies available pursuant to
  the requirements of section one hundred ninety-eight of this article.
6. Nothing herein shall preclude the attorney general from bringing  a
  civil  action  to  collect  unpaid  wages  and  penalties  on  behalf of
  employees pursuant to this section.
7. A contractor or any other person shall not evade, or commit any act
  that negates, the requirements of this section, provided, however,  that
  this   section   shall  not  be  deemed  to  prohibit  a  contractor  or
  subcontractor from establishing  by  contract  or  enforcing  any  other
  lawful  remedies  against a subcontractor it hires for liability created
  by violation of this section, provided that such contract or arrangement
  does not diminish the right of employees to bring an  action  under  the
  provisions of this section.
8. As used in this section:
a.  "Construction  contract" means a written or oral agreement for the
  construction,  reconstruction,  alteration,   maintenance,   moving   or
  demolition of any building, structure or improvement, or relating to the
  excavation  of or other development or improvement to land. For purposes
  of this section, a construction contract shall not include: any contract
  which is subject to article eight of this chapter;  a  home  improvement
  contract  for  the  performance  of  a  home  improvement between a home
  improvement contractor and the owner of an owner-occupied dwelling;  and
  a  home  construction  contract  for  one-  or two-family dwelling units
  except where such contract or contracts results in the  construction  of
  more than ten one- or two-family owner-occupied dwellings at one project
  site annually.
b.  "Contractor"  means  any  person,  firm, partnership, corporation,
  association,  company,  organization  or  other  entity,   including   a
  construction manager, general or prime contractor, joint venture, or any
  combination  thereof,  which enters into a construction contract with an
  owner.
c. "Owner" means any person, firm, partnership, corporation,  company,
  association  or  other organization or other entity, or a combination of
  any thereof, (with an ownership interest, whether the interest or estate
  is in fee, as vendee under a contract to purchase, as lessee or  another

  interest  or  estate less than fee) that causes a building, structure or
  improvement, new or existing,  to  be  constructed,  altered,  repaired,
  maintained,  moved  or demolished or that causes land to be excavated or
  otherwise developed or improved.
d.  "Subcontractor"  means any person, firm, partnership, corporation,
  company, association, organization or other entity, or  any  combination
  thereof,  which is a party to a contract with a contractor, and/or party
  to a contract with  the  contractor's  subcontractors  at  any  tier  to
  perform  any  portion  of  work  within  the  scope  of the contractor's
  construction contract with the owner, including where the  subcontractor
  has no direct privity of contract with the contractor.
9.  Any  liability assigned to a contractor pursuant to the provisions
  of this section shall be applicable for any claims  occurring  no  later
  than  three  years  prior  to the initiation of such claim in a court of
  competent jurisdiction or the commencement of  a  civil  action  brought
  forth  by  the  attorney  general  or department. The provisions of this
  section shall not be deemed to diminish, impair, or  otherwise  infringe
  on  any  other  rights of an employee provided pursuant to this chapter,
  including the right of an  employee  to  bring  an  action  against  any
  employer  under  the  provisions  of section one hundred ninety-eight of
  this article.
10. Nothing in this section shall be deemed to  diminish  the  rights,
  privileges,  or remedies of any employee under any collective bargaining
  agreement. The provisions of this section may be waived by a  collective
  bargaining  agreement  with  a bona fide building and construction trade
  labor organization which has established itself, and/or its  affiliates,
  as  the collective bargaining representative for persons performing work
  on a project, provided that for  such  waiver  to  be  valid,  it  shall
  explicitly  reference  this section. Provided, however, that such waiver
  shall not diminish or impair the rights of an  employee  provided  under
  any other section of this chapter.
* NB Effective January 4, 2022