Amendment ID: S2416-9

Amendment 9

Lead Company Accountability

Mr. Donnelly moves to amend the bill by striking, in lines 5-11, the following words:-

““Contracted entity”, a person or entity that directly enters into an agreement with a direct company to perform labor or services for the direct company.

“Direct company”, a business entity that directly enters into an agreement with a contracted entity for labor or services.

“Wage theft violation”, a violation of section 27, 27F, 27G, 27H, 148, 148A, 148B, 148C, 150, 150C, 152A, subsection (c) or (d) of section 159C or section 1, 1A, 1B, 2A, 7, 19 or 20 of chapter 151.”

and inserting in place thereof the following words:-

““Contracted entity”, a person or entity that directly or indirectly enters into an agreement with a direct company to perform labor or services for the direct company.

“Direct company”, a business entity that directly or indirectly enters into an agreement with a lead company for labor or services.

“Lead company”, a business entity that obtains or is provided workers, directly from a direct company or indirectly from a contracted entity, to perform labor or services that have a significant nexus with the lead company’s business activities, operations or purposes.

“Wage theft violation”, a violation of section 27, 27F, 27G, 27H, 148, 148A, 148B, 148C, 150, 150C, 152A, subsection (c) or (d) of section 159C or section 1, 1A, 1B, 2A, 7, 19 or 20 of chapter 151, by a lead company, direct company or contracted entity and for all workers employed by the direct company or contracted entity to provide labor or services to the lead company.”;

and, by striking, in line 12, the word “direct” and inserting in place thereof the following word:- “lead”;

and, by striking, in lines 13-14, the word “wages owed by a contracted entity as the result of a wage theft

violation” and inserting in place thereof the following words:- “any wage theft violation”;

and, by striking, in line 15, the words “direct company shall be subject to joint and several civil liability and shall share civil legal responsibility for any penalties or fines owed by a contracted entity as a result of a wage theft violation if the direct company knew or should have known that a contracted entity has committed a wage theft violation” and inserting in place thereof the following words:- “lead company shall be subject to joint and several civil liability and shall share civil legal responsibility for any penalties or fines owed by a direct company or contracted entity as a result of a wage theft violation if the lead company knew or should have known that a direct company or contracted entity has committed a wage theft violation”;

and, by striking, in line 88, the word “direct” and inserting in place thereof the following word:- “lead”.