§ 220. Hours, wages and supplements. 1. Eight hours shall constitute a\nlegal day's work for all classes of employees in this state except those\nengaged in farm and domestic service unless otherwise provided by law.\n 2. Each contract to which the state or a public benefit corporation or\na municipal corporation or a commission appointed pursuant to law is a\nparty, and any contract for public work entered into by a third party\nacting in place of, on behalf of and for the benefit of such public\nentity pursuant to any lease, permit or other agreement between such\nthird party and the public entity, and which may involve the employment\nof laborers, workers or mechanics shall contain a stipulation that no\nlaborer, worker or mechanic in the employ of the contractor,\nsubcontractor or other person doing or contracting to do the whole or a\npart of the work contemplated by the contract shall be permitted or\nrequired to work more than eight hours in any one calendar day or more\nthan five days in any one week except in cases of extraordinary\nemergency including fire, flood or danger to life or property. No such\nperson shall be so employed more than eight hours in any day or more\nthan five days in any one week except in such emergency. Extraordinary\nemergency within the meaning of this section shall be deemed to include\nsituations in which sufficient laborers, workers and mechanics cannot be\nemployed to carry on public work expeditiously as a result of such\nrestrictions upon the number of hours and days of labor and the\nimmediate commencement or prosecution or completion without undue delay\nof the public work is necessary in the judgment of the commissioner for\nthe preservation of the contract site and for the protection of the life\nand limb of the persons using the same. Upon the application of any\nperson interested, the commissioner shall make a determination as to\nwhether or not on any public project or on all public projects in any\narea of this state, sufficient laborers, workers and mechanics of any or\nall classifications can be employed to carry on work expeditiously if\ntheir labor is restricted to eight hours per day and five days per week,\nand in the event that the commissioner determines that there are not\nsufficient workers, laborers and mechanics of any or all classifications\nwhich may be employed to carry on such work expeditiously if their labor\nis restricted to eight hours per day and five days per week, and the\nimmediate commencement or prosecution or completion without undue delay\nof the public work is necessary in the judgment of the commissioner for\nthe preservation of the contract site and for the protection of the life\nand limb of the persons using the same, the commissioner shall grant a\ndispensation permitting all laborers, workers and mechanics, or any\nclassification of such laborers, workers and mechanics, to work such\nadditional hours or days per week on such public project or in such\nareas the commissioner shall determine. Whenever such a dispensation is\ngranted, all work in excess of eight hours per day and five days per\nweek shall be considered overtime work, and the laborers, workers and\nmechanics performing such work shall be paid a premium wage commensurate\nwith the premium wages prevailing in the area in which the work is\nperformed. No such dispensation shall be effective with respect to any\npublic work unless and until the department of jurisdiction, as defined\nin this section, certifies to the commissioner that such public work is\nof an important nature and that a delay in carrying it to completion\nwould result in serious disadvantage to the public. Time lost in any\nweek because of inclement weather by employees engaged in the\nconstruction, reconstruction and maintenance of highways outside of the\nlimits of cities and villages may be made up during that week and/or the\nsucceeding three weeks.\n 2-a. Any person contracting with the state or a public bene
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