Brookhaven |
Code of Ordinances |
Chapter 7A. Business Practices |
Article II. Requiring Certification of Compliance with New York State Labor Law (Prevailing Wages) and Workers' Compensation Law |
§ 7A-12. Legislative intent.
Latest version.
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A.The Town Board hereby finds that there has been unfairness and inequities between employers that comply with the requirements of Article 8 and Article 9 of the New York State Labor Law regarding the payment of prevailing wage laws in connection with their employees and employers that fail to comply with such laws and regulations. The Town Board further finds and determines that these inequities provide a financial disadvantage to those employers who comply with New York State Labor Law (prevailing wages) and Workers' Compensation Law in connection with their employees while, in turn, providing an unfair financial advantage to those employers who do not comply with the applicable laws.B.The Town Board finds and determines that employer noncompliance with applicable New York State law results in diminished protections of employees from unfair labor practices and fosters the circumvention of not only prevailing wages, but further circumvents providing employees protection in the form of workers' compensation and unemployment insurance.C.The Town Board also finds and determines that the Town has a finite amount of scarce taxpayer resources to expend, which resources shall be spent wisely, prudently and in compliance with existing New York State law. The Town Board further finds that the Town provides contracts and agreements with businesses that result in the creation and maintenance of a wide variety of employment opportunities in the Town, thereby placing upon the Town the responsibility to ensure that businesses and contractors doing business with the Town demonstrate compliance with the New York State Labor Law by properly classifying workers as employees rather than as independent contractors, ensuring that workers receive prevailing wages, workers' compensation insurance, unemployment insurance, and by verifying that their employees are being paid prevailing wages and further requiring that employers have the required workers' compensation insurance and unemployment insurance.D.Therefore, the purpose of this article is to provide a means of demonstrating compliance with the New York State Labor Law by requiring businesses to verify that their employees are paid prevailing wages, that businesses maintain workers' compensation insurance and unemployment insurance, and this article further provides an enforcement mechanism at the Town level against noncompliant businesses, thereby:(1)Helping to promote employees receipt of equitable wages, prevailing wages, workers' compensation and unemployment insurance;(2)Helping to eliminate unfair competitive advantages between businesses;(3)Helping to eliminate unfair labor practices and worker exploitation; and(4)Helping to assure taxpayers that employers and employees are paying their fair share of taxes by complying with tax laws.