Bill Text: NY A06686 | 2019-2020 | General Assembly | Introduced


Bill Title: Requires that every subcontracted transportation center service worker shall be compensated at a rate that is no less than the applicable standard rate for subcontracted transportation center service workers.

Spectrum: Partisan Bill (Democrat 29-0)

Status: (Introduced) 2019-03-15 - referred to labor [A06686 Detail]

Download: New_York-2019-A06686-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          6686
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                     March 15, 2019
                                       ___________
        Introduced  by M. of A. CRESPO, BLAKE, D'URSO, GOTTFRIED, ORTIZ, MOSLEY,
          BENEDETTO, CARROLL, PAULIN, ROZIC, RAMOS,  NIOU,  CYMBROWITZ,  JOYNER,
          PHEFFER AMATO,   WILLIAMS,  BARNWELL,  BICHOTTE,  BRAUNSTEIN,  BARRON,
          RIVERA, L. ROSENTHAL, ABINANTI, WRIGHT,  PICHARDO,  WEPRIN  --  Multi-
          Sponsored  by  --  M.  of  A.    COOK,  NOLAN, THIELE -- read once and
          referred to the Committee on Labor
        AN ACT to amend the labor law, in relation to  minimum  wage  rates  for
          subcontracted transportation center workers
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. The labor law is amended by adding a new  article  19-D  to
     2  read as follows:
     3                                ARTICLE 19-D
     4         MINIMUM WAGE RATES FOR SUBCONTRACTED TRANSPORTATION CENTER
     5                               SERVICE WORKERS
     6  Section 696-a. Definitions.
     7          696-b. Minimum wage rate for subcontracted transportation center
     8                   service workers.
     9          696-c. Commissioner's power of investigation.
    10          696-d. Records of employers.
    11          696-e. Penalties;  failure  to  pay  minimum  wage  or  overtime
    12                   compensation; failure to keep records.
    13          696-f. Civil action.
    14          696-g. Regulations.
    15          696-h. Savings clause.
    16    § 696-a. Definitions. As used in this article: 1. "Covered transporta-
    17  tion center" means John  F.  Kennedy  International  Airport,  LaGuardia
    18  Airport, the Port Authority Bus Terminal, Pennsylvania Station and Grand
    19  Central Station.
    20    2.  "Covered  transportation center service provider" means any person
    21  or entity that employs covered transportation center services  employees
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10584-01-9

        A. 6686                             2
     1  to  provide  one  or more covered transportation center services under a
     2  service contract or subcontract with  a  private  entity  at  a  covered
     3  transportation center.
     4    3. "Subcontracted transportation center service worker" means a worker
     5  performing  covered  transportation center services for a covered trans-
     6  portation center service provider.
     7    4. "Covered transportation center services" means work performed at  a
     8  covered transportation center and includes:
     9    a. Passenger related security services which includes escort services;
    10  catering  security; passenger aircraft, train or bus security; fireguard
    11  services; terminal or station security; and traffic security.
    12    b. Cargo related and ramp  services  which  includes  cargo  screening
    13  (including  guards)  and warehouse security; baggage and cargo handling;
    14  load control and ramp communication; aircraft, train  or  bus  mechanics
    15  and   fueling   of  aircraft,  trains  or  buses;  provision  of  water,
    16  cooling/heating, power;  equipment  and  toilet  services  to  aircraft,
    17  trains  or  buses;  passenger  aircraft,  train  or bus servicing; cabin
    18  equipment maintenance; guiding aircraft, trains or buses in and  out  of
    19  gates; gateside aircraft, train or bus maintenance; ramp area cleaning;
    20    c. In-terminal and in-station and passenger handling services; baggage
    21  handling  skycap  or  redcap;  wheelchair  attendant;  ticketing  agent;
    22  customer service representatives; queue managers and ID checkers; porter
    23  service for baggage; passenger and employee shuttle drivers;
    24    d. Cleaning services; building cleaning; aircraft, cabin, train or bus
    25  cleaning; plane, train or bus washers; and
    26    e. Concession services; food service  (including,  food  and  beverage
    27  service,  wait  service,  busing,  cashiers);  retail service (including
    28  news/gifts and duty-free); cleaning for  concession  services;  security
    29  for  concession  services;  airport, station or terminal lounge services
    30  (food, retail, cleaning and security services);
    31    5. "Applicable standard rate  for  subcontracted  passenger  services"
    32  shall mean the greater of:
    33    a. The wage and benefit rates and paid time off minimums designated by
    34  the  commissioner  based  on  the  determinations  made  by  the general
    35  services administration pursuant to the federal "Service Contract Act of
    36  1965" (41 U.S.C. § 351 et seq.), for the classification of "Guard I" for
    37  the county of New York; or
    38    b. The wage and benefit rates and paid time off minimums designated in
    39  the prevailing wages schedule by the fiscal officer  under  section  two
    40  hundred thirty-one of this chapter applicable to unarmed security guards
    41  performing services in the city of New York.
    42    §  696-b.  Minimum  wage  rate for subcontracted transportation center
    43  service workers. 1.  Every subcontracted transportation  center  service
    44  worker  shall be compensated at a rate that is no less than the applica-
    45  ble standard rate for subcontracted transportation center service  work-
    46  ers.
    47    2.  Notwithstanding  subdivision one of this section, the minimum wage
    48  rate for a subcontracted transportation center service worker who  is  a
    49  food service worker, a skycap or a redcap receiving tips shall be a cash
    50  wage of at least two-thirds of the minimum wage rate set forth in subdi-
    51  vision  one of this section, rounded to the nearest five cents, provided
    52  that the tips of such an employee, when added to  such  cash  wage,  are
    53  equal  to  or exceed the minimum wage rate for subcontracted transporta-
    54  tion center service workers in effect pursuant  to  subdivision  one  of
    55  this  section.  Tipped  skycaps, redcaps, and food service workers shall

        A. 6686                             3
     1  also receive the full amount of benefits and paid time off  minimums  as
     2  provided under subdivision one of this section.
     3    §  696-c.  Commissioner's  power of investigation. The commissioner or
     4  his or her authorized representative shall have power:
     5    1. to investigate the wages of persons employed by a covered transpor-
     6  tation center service provider in the state;
     7    2. to enter the place of business or employment of  any  employer  for
     8  the purpose of:
     9    a. examining and inspecting any and all books, registers, payrolls and
    10  other records that in any way relate to or have a bearing upon the wages
    11  paid to, or the hours worked by any employees; and
    12    b.  ascertaining whether the provisions of this article and the orders
    13  and regulations promulgated hereunder are being complied with.
    14    3. to require from  any  employer  full  and  correct  statements  and
    15  reports  in  writing of the wages paid to and the hours worked by his or
    16  her employees, at such times as the commissioner may deem necessary.
    17    § 696-d. Records of employers. 1. For all employees  covered  by  this
    18  article,  every employer shall establish, maintain, and preserve for not
    19  less than six years contemporaneous, true, and accurate payroll  records
    20  showing  for each week worked the hours worked, the rate or rates of pay
    21  and basis thereof, whether paid by the hour, shift, day,  week,  salary,
    22  piece,  commission, or other basis; gross wages; deductions; allowances,
    23  if any, claimed as part of the minimum wage;  and  net  wages  for  each
    24  employee, plus such other information as the commissioner deems material
    25  and necessary.
    26    2.  For all employees who are not exempt from overtime compensation as
    27  established in the  commissioner's  minimum  wage  orders  or  otherwise
    28  provided  by  state  law or regulation, the payroll records must include
    29  the regular hourly rate or rates of pay, the overtime rate or  rates  of
    30  pay,  the  number  of  regular  hours worked, and the number of overtime
    31  hours worked.
    32    3. For all employees paid a piece  rate,  the  payroll  records  shall
    33  include  the  applicable piece rate or rates of pay and number of pieces
    34  completed at each piece rate.
    35    4. On demand, the employer shall furnish to the commissioner or his or
    36  her duly authorized  representative  a  sworn  statement  of  the  hours
    37  worked,  rate  or  rates  of  pay and basis thereof, whether paid by the
    38  hour, shift, day, week, salary, piece, commission, or other basis; gross
    39  wages; deductions; and allowances, if any, claimed as part of the  mini-
    40  mum  wage, for each employee, plus such other information as the commis-
    41  sioner deems material and necessary.
    42    5. Every employer shall keep such records open to  inspection  by  the
    43  commissioner or his or her duly authorized representative at any reason-
    44  able time.
    45    6.  Every  employer  of an employee shall keep a digest and summary of
    46  this article or applicable wage order, which shall be  prepared  by  the
    47  commissioner,  posted in a conspicuous place in his or her establishment
    48  and shall also keep posted such additional copies  of  said  digest  and
    49  summary as the commissioner prescribes.
    50    7. Employers shall, on request, be furnished with copies of this arti-
    51  cle and of orders, and of digests and summaries thereof, without charge.
    52    8.  Employers shall permit the commissioner or his or her duly author-
    53  ized representative to question without  interference  any  employee  of
    54  such  employer  in  a  private  location  at the place of employment and
    55  during working hours in respect to the  wages  paid  to  and  the  hours
    56  worked by such employee or other employees.

        A. 6686                             4
     1    §  696-e.  Penalties;  failure to pay minimum wage or overtime compen-
     2  sation; failure to keep records. 1. Any employer or his or her agent, or
     3  the officer or agent of any corporation, partnership, or limited liabil-
     4  ity company, who pays or agrees to pay to any  employee  less  than  the
     5  wage  applicable under this article shall be guilty of a misdemeanor and
     6  upon conviction therefor shall be fined not less than five  hundred  nor
     7  more  than  twenty  thousand dollars or imprisoned for not more than one
     8  year, and, in the event that any second  or  subsequent  offense  occurs
     9  within six years of the date of conviction for a prior offense, shall be
    10  guilty  of  a  felony  for  the  second  or subsequent offense, and upon
    11  conviction therefor, shall be fined not less than five hundred nor  more
    12  than  twenty  thousand  dollars or imprisoned for not more than one year
    13  plus one day, or punished by both such fine and imprisonment,  for  each
    14  such  offense. Each payment to any employee in any week of less than the
    15  wage applicable under this article shall constitute a separate offense.
    16    2. Any employer or his or her agent, or the officer or  agent  of  any
    17  corporation,  partnership,  or  limited  liability company, who fails to
    18  keep the records required under this article or to furnish such  records
    19  or  any  information  required to be furnished under this article to the
    20  commissioner or his or her authorized representative  upon  request,  or
    21  who  hinders  or delays the commissioner or his or her authorized repre-
    22  sentative in the performance of his or her duties in the enforcement  of
    23  this article, or refuses to admit the commissioner or his or her author-
    24  ized  representative  to  any place of employment, or falsifies any such
    25  records or refuses to make such records accessible to  the  commissioner
    26  or  his  or her authorized representative, or refuses to furnish a sworn
    27  statement of such records or any  other  information  required  for  the
    28  proper  enforcement  of  this  article to the commissioner or his or her
    29  authorized representative, shall be guilty of  a  misdemeanor  and  upon
    30  conviction  therefor  shall be fined not less than five hundred nor more
    31  than five thousand dollars or imprisoned for not  more  than  one  year,
    32  and,  in  the  event that any second or subsequent offense occurs within
    33  six years of the date of conviction for a prior offense, shall be guilty
    34  of a felony for the second or subsequent offense,  and  upon  conviction
    35  therefor, shall be fined not less than five hundred nor more than twenty
    36  thousand  dollars or imprisoned for not more than one year plus one day,
    37  or punished by both such fine and imprisonment, for each  such  offense.
    38  Each  day's  failure to keep the records requested under this article or
    39  to furnish such records or information to the commissioner or his or her
    40  authorized representative shall constitute a separate offense.
    41    § 696-f. Civil action. 1. If any  employee  is  paid  by  his  or  her
    42  employer  less  than  the  wage to which he or she is entitled under the
    43  provisions of this article, he or she shall recover in  a  civil  action
    44  the  amount  of  any  such  underpayments,  together with all reasonable
    45  attorney's fees, prejudgment interest as required under the civil  prac-
    46  tice law and rules, and unless the employer proves a good faith basis to
    47  believe  that  its underpayment of wages was in compliance with the law,
    48  an additional amount as liquidated damages equal to one hundred  percent
    49  of  the  total  of  such  underpayments  found  to be due. Any agreement
    50  between the employee, and the employer to work for less than  such  wage
    51  shall be no defense to such action.
    52    2.  On  behalf  of  any  employee paid less than the wage to which the
    53  employee is entitled under the provisions of this article,  the  commis-
    54  sioner  may  bring  any legal action necessary, including administrative
    55  action, to collect such claim, and the employer shall be required to pay
    56  the full amount of the underpayment, plus costs, and unless the employer

        A. 6686                             5
     1  proves a good faith basis  to  believe  that  its  underpayment  was  in
     2  compliance  with  the  law,  an additional amount as liquidated damages.
     3  Liquidated damages shall be calculated by the commissioner  as  no  more
     4  than  one  hundred percent of the total amount of underpayments found to
     5  be due the employee. In any action brought  by  the  commissioner  in  a
     6  court  of competent jurisdiction, liquidated damages shall be calculated
     7  as an amount equal to one hundred percent of underpayments found  to  be
     8  due the employee.
     9    3.  Notwithstanding  any  other provision of law, an action to recover
    10  upon a liability imposed by this article must be  commenced  within  six
    11  years.  The  statute  of  limitations  shall  be tolled from the date an
    12  employee files a complaint with the  commissioner  or  the  commissioner
    13  commences  an  investigation,  whichever  is  earlier, until an order to
    14  comply issued by the commissioner becomes final, or  where  the  commis-
    15  sioner does not issue an order, until the date on which the commissioner
    16  notifies the complainant that the investigation has concluded.  Investi-
    17  gation  by  the  commissioner  shall  not be a prerequisite to nor a bar
    18  against a person bringing a civil action under this article.
    19    4. In any civil action by an employee  or  by  the  commissioner,  the
    20  employee or commissioner shall have the right to collect attorneys' fees
    21  and  costs  incurred  in  enforcing  any court judgment. Any judgment or
    22  court order awarding remedies under this section shall provide  that  if
    23  any  amounts  remain unpaid upon the expiration of ninety days following
    24  issuance of judgment, or ninety days after expiration  of  the  time  to
    25  appeal  and no appeal therefrom is then pending, whichever is later, the
    26  total  amount  of  judgment  shall  automatically  increase  by  fifteen
    27  percent.
    28    §  696-g.  Regulations.  1. The commissioner may promulgate such regu-
    29  lations as he or she deems appropriate to carry out the purposes of this
    30  article and to safeguard minimum wage standards.
    31    2. Such regulations shall be promulgated by the commissioner  after  a
    32  public hearing held after due notice.
    33    3.  A notice of the public hearing and a notice of the promulgation of
    34  any such regulation shall be published in the state bulletin. The notice
    35  of the promulgation of any such regulation shall be published  at  least
    36  twenty days before the effective date of the regulation.
    37    §  696-h.  Savings  clause.  If  any  provision of this article or the
    38  application thereof to any person, employer, occupation or  circumstance
    39  is  held  invalid,  the  remainder of the article and the application of
    40  such provision to other  persons,  employees,  occupations,  or  circum-
    41  stances shall not be affected thereby.
    42    §  2.  This  act shall take effect on the ninetieth day after it shall
    43  have become a law.
feedback