Talking Points on Labor Law 240 /241

Talking Points on Changing Labor Law 240 /241

    • State of Affairs
    • Labor Law 240/241 must be reformed to help the New York State Economy to grow. This law is holding back our economy from growing, causing higher taxes, and increasing the cost of doing business in New York State.  This law is also causing jobs and people to move out of this State because of the high cost of doing business. Labor Law 240 / 241 is causing General Liability Insurance for business to increase and making insurance prohibitively expensive, if it’s available at all.  If only one word was changed in this law from absolute to negligence, this would cause our economy to grow like the other 49 states that do not have this law anymore on the books
    • See Attachment: 1 & 2

  •      II. Would you like to see the New York State Economy

           Grow?

    • 1. One of the problems that is holding back our states economy from growing is
    • an old law on the books.
    • 2. Today a worker can go to the work place drunk and jump off a building and
    •     sue and win.
    • 3. Win 100 percent of the time.
    • 4. This law today is causing the state of NY from not growing economically.
      • Causing the cost of building or remodeling in NYS to increase the cost by 20 to 25 percent on each job
      • Causing less buildings to be built
      • Slowing down the growth in NYS
      • Causing higher taxes
      • The law is absolute liability for all involved in the project even the owner of the property.
      • Lawyers are automatically winning in court
    • III. What is Labor Law 240 / 241?
    • 1.  It is called labor law 240/241 scaffold law
      • Give brief background on law
      • Law was put in force in 1885
      • Was the first New York State labor law
      • On of the first ways to protect the employee from the employer with unsafe working conditions
      • Designed to make a safe working place
    • Why is this law good for the workers of New York State
      • help protect the worker from an unsafe work place
    • Why is this law bad for the whole State of New York
      • Increase cost of doing business
    • What is the impact to all New York State residents
    •           a.   Causing the loss of jobs and people moving of out the state
      • Not helping the New York State Economy to Grow
      • Causing an increased cost of goods and services, and taxes in New York State
      • In the Rochester Builder exchange it has destroyed the building market
      • Not creating new jobs
      • Lawyers in New York City advertise freely for people who have gotten hurt on the job
      • Has made this one of the safest states in the union to work in
    •            
      • What must be changed in this law
      • One word has to be changed in this law from absolute to negligence; this would cause our economy to grow like the other 49 states that do not have this law anymore on the books.  By changing this one word this would cause our economy to grow in New York State
  •   V. What is being done to change labor law 240/ 241?

    •  

    •            Senator Dale Volker and Assembly Joe Morello presently have bill in front of the assembly to change this law.
    •            
    •           Attachment 3: New York State Assembly Joseph Morelle
    •           Attachment 4: New York State Senate Dale Volker
    •          
  • VI. Conclusion on the cost of Labor Law 240/ 241

    •  

        • Has increased contractors cost
        • Has many non-admitted insurance carries in the state with the wrong coverage for the business owners
        • Slow down growth
        • Loss of jobs
        • Causing people to move out of New York State
        • Higher Taxes in New York State
        • Causing our family members to leave New York State
        • NO way to fight this law in the courts, due to one word in the   
        •       law “absolute”
        • Keep New York State one of the safest places to work
  • VII. Achieving the Goal “What can we do the change this law”

    •  

    Need to support SO3823 of Senator Dale Volkers and Assembly Joe Morello A0294 to change to law in Attachments: 3 & 4

     

    Modified the law for the neglect for both employees and employer

     

    To bring all the organizations and associations together to fight this law under one banner which is to modified the law and help start NYS economy to grow once again, and help reduce taxes with our new growth in the economy

     

    Also, when they start to rebuild the world trade center, and if this law is not modified it will cost every taxpayer in the state. This will give the Terrorists a second victory with hurting our economy again.

     

    VIII. Two areas to focus on to win this change in Labor Law 240 / 241

     

      • Have the general public of New York State understand the importance of changing this law
      • Have the media start to do stories on Labor Law 240 /241

    • This indirect cost is to every person in New York State with the extra cost of insurance in commercial liability policies that are passed on to the consumer in the end product.