As used in this article, the following terms shall have the
meanings indicated:
ALIEN
Any person who is not a citizen or national of the United
States.
AWARDING AGENCY
That subordinate or component entity or person of the County
of Suffolk that is responsible for solicitation of proposals or bids
and responsible for the award and administration of contracts, license
agreements, leases and other financial compensation agreements.
COMPENSATION
A.
Any grant, loan, tax incentive, funding, appropriation, payment,
subsidy or other form of financial assistance which is realized by
or provided to a covered employer, or the owners thereof, by or through
the authority or approval of the County of Suffolk, including, but
not limited to, community development block grant (CDBG) loans, Industrial
Development Agency (IDA) loans, and Enterprise-Zone-related incentives.
B.
Any contract, subcontract, license agreement, lease or other
financial compensation agreement let to a person with or by the County
of Suffolk for the furnishing of services, goods, equipment, supplies,
materials, public works, or other property to or for the County of
Suffolk.
CONTRACTOR
A person who contracts to do work for another. This term
does not include wholesalers.
COUNTY
The County of Suffolk, any agency, office, position, administration,
department, division, bureau, board, commission, corporation, public
authority or unit of government, the expenses of which are paid in
whole or in part by the County of Suffolk, or over which majority
control is exercised by officers of the County of Suffolk or of a
County-affiliated agency or their appointees.
COVERED EMPLOYEE
An individual employed on either a full-time, part-time,
temporary or seasonal basis by a covered employer to perform work
on or for the project or matter for which the recipient has received
compensation.
COVERED EMPLOYER
A recipient of, or an applicant for, compensation that is
not exempt from this article, and who has at least one covered employee
working within the County of Suffolk or the County of Nassau, or at
least one fifty-percent-or-more owner living within the County of
Suffolk.
PERSON
One or more of the following or their agents, employees,
representatives and legal representatives: individuals, corporations,
partnerships, joint ventures, associations, labor organizations, educational
institutions, mutual companies, joint-stock companies, all trusts,
unincorporated organizations, trustees, trustees in bankruptcy, receivers,
fiduciaries and other entities recognized at law by this County.
PROTECTED INDIVIDUAL
An individual who is a citizen or national of the United
States; or is an alien who is lawfully admitted for permanent residence,
is granted the status of an alien lawfully admitted for temporary
residence under 8 U.S.C. § 1160(a) or § 1255a(a)(1),
is admitted as a refugee under 8 U.S.C. § 1157, or is granted
asylum under 8 U.S.C. § 1158; but does not include an alien
who fails to apply for naturalization within six months of the date
the alien first becomes eligible (by virtue of a period of lawful
permanent residence) to apply for naturalization or, if later, within
six months after the date of the enactment of 8 U.S.C. § 1324b;
or an alien who has applied on a timely basis but has not been naturalized
as a citizen within two years after the date of the application, unless
the alien can establish that the alien is actively pursuing naturalization.
RECIPIENT
Any person or entity who or which is a recipient of compensation,
as defined in this article, and any contractor or subcontractor of
a recipient producing or providing goods, materials, supplies, public
works, or services to a recipient that are used by that recipient
in the project or matter for which the recipient has received compensation.
SEASONAL
A period of time not to exceed 90 consecutive days at any
given time within a six-month period.
SUBCONTRACTOR
A person who takes portions of a contract from a covered
employer, a contractor or another subcontractor. This term does not
include wholesalers.
WHOLESALER
A person who buys in comparatively large quantities and then
resells, usually in small quantities to a middleman or retailer, but
never to the ultimate consumer.
The Suffolk County Department of Labor shall promulgate such rules and regulations as it deems necessary and appropriate for the implementation and enforcement of any provisions of this article. Such rules shall govern the conduct of adjudicatory proceedings and appeals taken pursuant to a proceeding commenced under Article 78 of the Civil Practice Law and Rules relating to the assessment of civil penalties herein authorized and such other penalties authorized under §
353-17D of this article. Such rules shall further provide for due process procedural mechanisms and any other mechanisms deemed necessary by the Suffolk County Department of Labor. Such rules and regulations shall establish that the Suffolk County Department of Labor shall refer to the Suffolk County Human Rights Commission all complaints it receives of unlawful discrimination under §
353-12A and
B of this article and all unlawful discriminatory practices, as that term is defined in Chapter
528, Human Rights, Article
II, §
528-8, of the Suffolk County Code, of all covered employers, and the owners thereof, and all contractors and subcontractors of such covered employers, and the owners thereof.