New York Labor Code § 220-B

Amounts due for wages and supplements may be withheld for benefit of laborers
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§ 220-b. Amounts due for wages and supplements may be withheld for\nbenefit of laborers. 1. In case any interested person shall have\npreviously filed a protest in writing objecting to the payment to any\ncontractor or subcontractor to the extent of the amount or amounts due\nor to become due to him for daily or weekly wages or supplements for\nlabor performed on the public improvement for which such contract was\nentered into, or if for any other reason it may be deemed advisable, the\ncomptroller of the state or the financial officer of the municipal\ncorporation or other officer or person charged with the custody and\ndisbursement of the state or corporate funds applicable to the contract\nfor such public improvement may deduct from the whole amount of any\npayment on account thereof the sum or sums admitted by any contractor or\nsubcontractor in such statement or statements so filed to be due and\nowing by him on account of labor performed on such public improvement\nbefore making payment of the amount certified for payment in any\nestimate or voucher, and may withhold the amount so deducted for the\nbenefit of the laborers, workmen or mechanics whose wages or supplements\nare unpaid or not provided, as the case may be, as shown by the verified\nstatements filed by any contractor or subcontractor, and may pay\ndirectly to any person the amount or amounts shown to be due to him or\nhis duly authorized collective bargaining labor organization, as the\ncase may be, for such wages or supplements by the statements filed as\nhereinbefore required, thereby discharging the obligation of the\ncontractor or subcontractor to the person or his duly authorized\ncollective bargaining labor organization receiving such payment to the\nextent of the amount thereof, or\n  2. a. (1) When any interested person shall file a written complaint\nwith the fiscal officer, as herein defined, alleging unpaid wages or\nsupplements due for labor performed on a public improvement for which a\ncontract has been entered into, and said labor is alleged to have been\nperformed within the two-year period immediately preceding the date of\nthe filing of said complaint, or if, on the fiscal officer's own\ninitiative, unpaid wages or supplements appear to be due, the fiscal\nofficer shall immediately so notify the financial officer of the civil\ndivision interested, or, if there are insufficient moneys still due to\nthe contractor or subcontractor to satisfy said wages and supplements,\nincluding interest and penalty, the financial officer of another civil\ndivision which has entered or subsequently enters into a public\nimprovement contract with the contractor or subcontractor, who shall\nwithhold from any payment due or earned the contractor or subcontractor\nexecuting any public improvements, sufficient moneys to satisfy said\nwages and supplements, including interest at the rate provided herein,\nand any civil penalty that may be assessed as provided herein, pending a\nfinal determination. The financial officer shall immediately confirm in\nwriting to the fiscal officer the amount of money withheld.\n  (2) If there are still insufficient moneys due or earned to the\ncontractor or subcontractor, as a result of work performed, to satisfy\nsuch wages and supplements, including interest and penalties, the\nfinancial officer shall immediately notify the fiscal officer, who may\nissue a notice of intent to withhold any of the following:\n  (i) any substantially-owned affiliated entity or any successor or\nsubsidiary of the contractor or subcontractor;\n  (ii) any of the partners, if the contractor or subcontractor is a\npartnership, or any of the five largest shareholders of the contractor\nor subcontractor, as determined by the fiscal officer; or\n  (iii) any officer of the contractor or subcontractor who knowingly\nparticipated in the violation of this article.\n  (3) The notice of intent to withhold shall provide that the fiscal\nofficer intends to instruct th

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