14/06/2021 New York state legislature passes construction wage theft bill | Construction Dive "Instead, under this bill … contractors may well find out years after the fact that there was a problem and be left holding the bag." For contractors to be prepared, they can specifically request a subcontractor formally certify that all workers have been paid, or request to view certified payroll as a condition of payment, Barlow said. Additionally, he said, contractors can insert indemnification provisions into contracts to shift liability back to subcontractors; however, in the event that the subcontractor goes bankrupt, the liability reverts back to the GC. The five other states with wage theft laws are California, Nevada, Maryland, New Jersey and Virginia. Local jurisdictions are also cracking down on fraud. For example, in light of recent incidents involving unreported cash payments by subcontractors on construction projects, Pittsburgh Mayor William Peduto recently signed an executive order to stop construction companies in the city from committing tax, insurance and workers' compensation fraud. It also aims to stop the practice of paying workers in cash to avoid taxes. https://www.constructiondive.com/news/new-york-state-legislature-passes-construction-wage-theft-bill/601450/?fbclid=IwAR1TwaxvIbn6qO-nuuM… 3/3

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