STATE OF NEW YORK
2019-2020 Regular Sessions
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.
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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-
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
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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.
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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
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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
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.