Bill Text: NY S04160 | 2015-2016 | General Assembly | Amended
Bill Title: Establishes the Make a Living Wage Recognition Program to recognize businesses who pay employees a living wage in counties having adopted such wage.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2016-01-06 - REFERRED TO LABOR [S04160 Detail]
Download: New_York-2015-S04160-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
4160--A
2015-2016 Regular Sessions
I N S E N A T E
March 3, 2015
___________
Introduced by Sen. PANEPINTO -- read twice and ordered printed, and when
printed to be committed to the Committee on Labor -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend the labor law, in relation to establishing the make a
living wage recognition program
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. This act shall be known and may be cited as the "make a
2 living wage act".
3 S 2. The labor law is amended by adding a new article 19-D to read as
4 follows:
5 ARTICLE 19-D
6 MAKE A LIVING WAGE RECOGNITION PROGRAM
7 SECTION 696. MAKE A LIVING WAGE RECOGNITION BOARD.
8 696-A. COUNTY LIVING WAGE STANDARD.
9 696-B. RECOGNITION OF BUSINESSES.
10 696-C. APPLICATION PROCEDURES AND FEE.
11 S 696. MAKE A LIVING WAGE RECOGNITION BOARD. 1. THE COMMISSIONER SHALL
12 ESTABLISH A BOARD TO ADMINISTER THE PROVISIONS OF THIS ARTICLE. SUCH
13 BOARD SHALL BE KNOWN AS THE "MAKE A LIVING WAGE RECOGNITION BOARD" AND
14 SHALL CONSIST OF FIVE MEMBERS ONE OF EACH OF WHOM SHALL BE APPOINTED BY
15 THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, THE MINORITY LEADER
16 OF THE SENATE, THE SPEAKER OF THE ASSEMBLY AND THE MINORITY LEADER OF
17 THE ASSEMBLY. THE BOARD SHALL HAVE THE POWER TO TAKE SUCH ACTIONS AS IT
18 DEEMS NECESSARY AND PROPER TO EFFECTUATE THE PROVISIONS OF THIS ARTICLE.
19 S 696-A. COUNTY LIVING WAGE STANDARD. THE BOARD ESTABLISHED PURSUANT
20 TO SECTION SIX HUNDRED NINETY-SIX OF THIS ARTICLE SHALL ANNUALLY ESTAB-
21 LISH, NO LATER THAN THE FINAL DAY OF MARCH OF EACH YEAR, A LIVING WAGE
22 STANDARD FOR EACH COUNTY IN NEW YORK STATE.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08749-06-5
S. 4160--A 2
1 1. SUCH LIVING WAGE STANDARD FOR EACH COUNTY IN THE STATE, EXCEPT
2 THOSE COUNTIES SET OUT IN SUBDIVISION TWO OF THIS SECTION SHALL BE
3 CALCULATED BY AVERAGING THE FAIR MARKET RENT PRICE FOR A ONE-BEDROOM
4 UNIT, AS DETERMINED BY THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT,
5 OVER THE PREVIOUS FOUR YEARS AND THEN DIVIDING SUCH FIGURE BY THIRTY
6 PERCENT AND THEN MULTIPLYING SUCH FIGURE BY TWELVE AND THEN DIVIDING
7 SUCH FIGURE BY TWO THOUSAND EIGHTY.
8 2. THE LIVING WAGE STANDARD FOR THE COUNTIES OF BRONX, DUTCHESS,
9 KINGS, NASSAU, NEW YORK, ORANGE, PUTNAM, QUEENS, RICHMOND, ROCKLAND,
10 SUFFOLK, AND WESTCHESTER SHALL BE CALCULATED BY AVERAGING THE FAIR
11 MARKET PRICE FOR A ONE-BEDROOM UNIT, AS DETERMINED BY THE DEPARTMENT OF
12 HOUSING AND URBAN DEVELOPMENT, OVER THE PREVIOUS FOUR YEARS AND THEN
13 DIVIDING SUCH FIGURE BY THIRTY-FIVE PERCENT AND THEN MULTIPLYING SUCH
14 FIGURE BY TWELVE AND THEN DIVIDING SUCH FIGURE BY TWO THOUSAND EIGHTY.
15 THE RESULTING FIGURE SHALL, IN TERMS OF DOLLARS, BE ROUNDED TO THE
16 NEAREST NICKEL AND SHALL CONSTITUTE A COUNTY'S LIVING WAGE PER HOUR OF
17 WORK PERFORMED. THE BOARD MAY, IN ITS DISCRETION, ADJUST A COUNTY'S
18 LIVING WAGE STANDARD DOWNWARD IF THE FORMULA ESTABLISHED BY THIS SECTION
19 YIELDS A GREATER THAN TWO PERCENT INCREASE OVER THE PREVIOUS YEAR'S
20 LIVING WAGE STANDARD.
21 S 696-B. RECOGNITION OF BUSINESSES. 1. A BUSINESS IN A COUNTY THAT
22 ELECTS TO PAY THE LIVING WAGE STANDARD ESTABLISHED PURSUANT TO SECTION
23 SIX HUNDRED NINETY-SIX-A OF THIS ARTICLE SHALL BE RECOGNIZED AS A "MAKE
24 A LIVING NEW YORK BUSINESS" IF SUCH BUSINESS PAYS ALL EMPLOYEES, AS
25 DEFINED IN SECTION SIX HUNDRED FIFTY-ONE OF THIS CHAPTER, AN HOURLY WAGE
26 GREATER THAN OR EQUAL TO SUCH LIVING WAGE STANDARD IN THE COUNTY IN
27 WHICH THE PLACE OF EMPLOYMENT OF SUCH EMPLOYEES IS LOCATED, PROVIDED,
28 HOWEVER, THAT FOR THE PURPOSES OF THIS ARTICLE, EXCEPTIONS TO THE DEFI-
29 NITION OF AN EMPLOYEE SHALL INCLUDE MINORS, INTERNS, INDIVIDUALS
30 EMPLOYED ON A TEMPORARY BASIS OR INDIVIDUALS EMPLOYED DURING A PROBA-
31 TIONARY PERIOD OF NO MORE THAN NINETY DAYS.
32 A MUNICIPALITY MAY ADOPT A LIVING WAGE STANDARD IN EXCESS OF THE
33 LIVING WAGE STANDARD ESTABLISHED FOR A COUNTY IN ACCORDANCE WITH SECTION
34 SIX HUNDRED NINETY-SIX-A OF THIS ARTICLE. RECOGNITION AS A "MAKE A
35 LIVING NEW YORK BUSINESS" SHALL THEN BE CONTINGENT ON A BUSINESS PAYING
36 EMPLOYEES THE WAGE ADOPTED BY SUCH MUNICIPALITY. BUSINESSES SHALL
37 SUBMIT SUCH PROOF AS MAY BE DEEMED NECESSARY BY THE BOARD ESTABLISHED
38 PURSUANT TO SECTION SIX HUNDRED NINETY-SIX OF THIS ARTICLE TO ENSURE
39 COMPLIANCE WITH THIS ARTICLE.
40 2. A BUSINESS SHALL SPECIFY THE TOTAL NUMBER OF INDIVIDUALS IT EMPLOYS
41 AND THE NUMBER OF SUCH EMPLOYED INDIVIDUALS WHO DO NOT MEET THE DEFI-
42 NITION OF AN EMPLOYEE AS USED IN THIS ARTICLE. IF SUCH LATTER EMPLOYED
43 INDIVIDUALS CONSTITUTE A MAJORITY OF A BUSINESS'S WORKFORCE, SUCH BUSI-
44 NESS SHALL BE INELIGIBLE FOR RECOGNITION UNDER THIS ARTICLE.
45 3. A BUSINESS THAT OFFERS EMPLOYER-PROVIDED HEALTH INSURANCE THAT
46 COVERS AT LEAST FIFTY PERCENT OF AN EMPLOYEE'S HEALTH INSURANCE COSTS
47 MAY, IN CONSIDERATION THEREOF, PAY EMPLOYEES ACCEPTING SUCH COVERAGE TEN
48 PERCENT LESS THAN THE LIVING WAGE THAT WOULD OTHERWISE APPLY.
49 4. A BUSINESS THAT GRANTS EMPLOYEE BENEFITS RELATING TO HOUSING,
50 TRANSPORTATION OR FOOD COSTS MAY, IN CONSIDERATION THEREOF AND UPON
51 APPROVAL BY A MAJORITY VOTE OF THE BOARD ESTABLISHED PURSUANT TO SECTION
52 SIX HUNDRED NINETY-SIX OF THIS ARTICLE, REDUCE THE LIVING WAGE STANDARD
53 THAT WOULD OTHERWISE APPLY IN AN AMOUNT DETERMINED BY SUCH BOARD.
54 S 696-C. APPLICATION PROCEDURES AND FEE. 1. THE COMMISSIONER SHALL
55 ESTABLISH A WEB PAGE THROUGH WHICH A BUSINESS SHALL APPLY FOR RECOGNI-
56 TION PURSUANT TO SECTION SIX HUNDRED NINETY-SIX-B OF THIS ARTICLE. ON A
S. 4160--A 3
1 SEPARATE WEB PAGE THE COMMISSIONER SHALL LIST, BY COUNTY, ALL BUSINESSES
2 RECOGNIZED PURSUANT TO THIS ARTICLE.
3 2. THE FEE FOR AN APPLICATION FOR RECOGNITION SHALL BE AS FOLLOWS:
4 (A) FOR NON-PROFITMAKING INSTITUTIONS, AS DEFINED IN SECTION SIX
5 HUNDRED FIFTY-ONE OF THIS CHAPTER: ZERO DOLLARS;
6 (B) FOR EMPLOYERS EMPLOYING TEN OR FEWER EMPLOYEES: FIFTY DOLLARS;
7 (C) FOR EMPLOYERS EMPLOYING ELEVEN TO TWENTY-FIVE EMPLOYEES: ONE
8 HUNDRED DOLLARS;
9 (D) FOR EMPLOYERS EMPLOYING TWENTY-SIX TO FORTY-NINE EMPLOYEES: TWO
10 HUNDRED DOLLARS; AND
11 (E) FOR EMPLOYERS EMPLOYING FIFTY OR MORE EMPLOYEES: TWO HUNDRED FIFTY
12 DOLLARS.
13 3. A BUSINESS SHALL APPLY FOR RECOGNITION FOR THE SAME FEE EVERY YEAR
14 A COUNTY LIVING WAGE STANDARD CHANGES FROM THE PREVIOUS YEAR.
15 S 3. This act shall take effect on the first of January next succeed-
16 ing the date on which it shall have become a law.
