Bill Text: NY S04160 | 2015-2016 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4160
                              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
       AN  ACT  to  amend the labor law, in relation to establishing the make a
         living wage certification 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 any 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 CERTIFICATION PROGRAM
    7  SECTION 696.   MAKE A LIVING WAGE CERTIFICATION BOARD.
    8          696-A. COUNTY LIVING WAGE STANDARD.
    9          696-B. CERTIFICATION OF BUSINESSES.
   10          696-C. APPLICATION PROCEDURES AND FEE.
   11    S  696.  MAKE  A  LIVING WAGE CERTIFICATION BOARD. 1. THE COMMISSIONER
   12  SHALL ESTABLISH A BOARD TO ADMINISTER THE PROVISIONS  OF  THIS  ARTICLE.
   13  SUCH  BOARD  SHALL  BE  KNOWN  AS  THE "MAKE A LIVING WAGE CERTIFICATION
   14  BOARD" AND SHALL CONSIST OF FIVE MEMBERS ONE OF EACH OF  WHOM  SHALL  BE
   15  APPOINTED  BY  THE  GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, THE
   16  MINORITY LEADER OF THE SENATE, THE  SPEAKER  OF  THE  ASSEMBLY  AND  THE
   17  MINORITY  LEADER OF THE ASSEMBLY. THE BOARD SHALL HAVE THE POWER TO TAKE
   18  SUCH ACTIONS  AS  IT  DEEMS  NECESSARY  AND  PROPER  TO  EFFECTUATE  THE
   19  PROVISIONS OF THIS ARTICLE.
   20    S  696-A.  COUNTY LIVING WAGE STANDARD. THE BOARD ESTABLISHED PURSUANT
   21  TO SECTION SIX HUNDRED NINETY-SIX OF THIS ARTICLE SHALL ANNUALLY  ESTAB-
   22  LISH,  NO  LATER THAN THE FINAL DAY OF MARCH OF EACH YEAR, A LIVING WAGE
   23  STANDARD FOR EACH COUNTY IN NEW YORK STATE.
   24    1. SUCH LIVING WAGE STANDARD FOR EACH  COUNTY  IN  THE  STATE,  EXCEPT
   25  THOSE  COUNTIES  SET  OUT  IN  SUBDIVISION  TWO OF THIS SECTION SHALL BE
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08749-05-5
       S. 4160                             2
    1  CALCULATED BY AVERAGING THE FAIR MARKET RENT  PRICE  FOR  A  ONE-BEDROOM
    2  UNIT,  AS DETERMINED BY THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT,
    3  OVER THE PREVIOUS FOUR YEARS AND THEN DIVIDING  SUCH  FIGURE  BY  THIRTY
    4  PERCENT  AND  THEN  MULTIPLYING  SUCH FIGURE BY TWELVE AND THEN DIVIDING
    5  SUCH FIGURE BY TWO THOUSAND EIGHTY.
    6    2. THE LIVING WAGE STANDARD  FOR  THE  COUNTIES  OF  BRONX,  DUTCHESS,
    7  KINGS,  NASSAU,  NEW  YORK,  ORANGE, PUTNAM, QUEENS, RICHMOND, ROCKLAND,
    8  SUFFOLK, AND WESTCHESTER SHALL  BE  CALCULATED  BY  AVERAGING  THE  FAIR
    9  MARKET  PRICE FOR A ONE-BEDROOM UNIT, AS DETERMINED BY THE DEPARTMENT OF
   10  HOUSING AND URBAN DEVELOPMENT, OVER THE PREVIOUS  FOUR  YEARS  AND  THEN
   11  DIVIDING  SUCH  FIGURE  BY THIRTY-FIVE PERCENT AND THEN MULTIPLYING SUCH
   12  FIGURE BY TWELVE AND THEN DIVIDING SUCH FIGURE BY TWO THOUSAND EIGHTY.
   13    THE RESULTING FIGURE SHALL, IN TERMS OF DOLLARS,  BE  ROUNDED  TO  THE
   14  NEAREST  NICKEL  AND SHALL CONSTITUTE A COUNTY'S LIVING WAGE PER HOUR OF
   15  WORK PERFORMED. THE BOARD MAY, IN  ITS  DISCRETION,  ADJUST  A  COUNTY'S
   16  LIVING WAGE STANDARD DOWNWARD IF THE FORMULA ESTABLISHED BY THIS SECTION
   17  YIELDS  A  GREATER  THAN  TWO  PERCENT INCREASE OVER THE PREVIOUS YEAR'S
   18  LIVING WAGE STANDARD.
   19    S 696-B. CERTIFICATION OF BUSINESSES. 1. A BUSINESS IN A  COUNTY  THAT
   20  ELECTS  TO  PAY THE LIVING WAGE STANDARD ESTABLISHED PURSUANT TO SECTION
   21  SIX HUNDRED NINETY-SIX-A OF THIS ARTICLE SHALL BE CERTIFIED AS A "MAKE A
   22  LIVING NEW YORK BUSINESS"  IF  SUCH  BUSINESS  PAYS  ALL  EMPLOYEES,  AS
   23  DEFINED IN SECTION SIX HUNDRED FIFTY-ONE OF THIS CHAPTER, AN HOURLY WAGE
   24  GREATER  THAN  OR  EQUAL  TO  SUCH LIVING WAGE STANDARD IN THE COUNTY IN
   25  WHICH THE PLACE OF EMPLOYMENT OF SUCH EMPLOYEES  IS  LOCATED,  PROVIDED,
   26  HOWEVER,  THAT FOR THE PURPOSES OF THIS ARTICLE, EXCEPTIONS TO THE DEFI-
   27  NITION  OF  AN  EMPLOYEE  SHALL  INCLUDE  MINORS,  INTERNS,  INDIVIDUALS
   28  EMPLOYED  ON  A  TEMPORARY BASIS OR INDIVIDUALS EMPLOYED DURING A PROBA-
   29  TIONARY PERIOD OF NO MORE THAN NINETY DAYS.
   30    A MUNICIPALITY MAY ADOPT A LIVING  WAGE  STANDARD  IN  EXCESS  OF  THE
   31  LIVING WAGE STANDARD ESTABLISHED FOR A COUNTY IN ACCORDANCE WITH SECTION
   32  SIX  HUNDRED  NINETY-SIX-A  OF  THIS ARTICLE. CERTIFICATION AS A "MAKE A
   33  LIVING NEW YORK BUSINESS" SHALL THEN BE CONTINGENT ON A BUSINESS  PAYING
   34  EMPLOYEES  THE  WAGE  ADOPTED  BY  SUCH MUNICIPALITY.   BUSINESSES SHALL
   35  SUBMIT SUCH PROOF AS MAY BE DEEMED NECESSARY BY  THE  BOARD  ESTABLISHED
   36  PURSUANT  TO  SECTION  SIX  HUNDRED NINETY-SIX OF THIS ARTICLE TO ENSURE
   37  COMPLIANCE WITH THIS ARTICLE.
   38    2. A BUSINESS SHALL SPECIFY THE TOTAL NUMBER OF INDIVIDUALS IT EMPLOYS
   39  AND THE NUMBER OF SUCH EMPLOYED INDIVIDUALS WHO DO NOT  MEET  THE  DEFI-
   40  NITION  OF  AN EMPLOYEE AS USED IN THIS ARTICLE. IF SUCH LATTER EMPLOYED
   41  INDIVIDUALS CONSTITUTE A MAJORITY OF A BUSINESS'S WORKFORCE, SUCH  BUSI-
   42  NESS SHALL BE INELIGIBLE FOR CERTIFICATION UNDER THIS ARTICLE.
   43    3.  A  BUSINESS  THAT  OFFERS  EMPLOYER-PROVIDED HEALTH INSURANCE THAT
   44  COVERS AT LEAST FIFTY PERCENT OF AN EMPLOYEE'S  HEALTH  INSURANCE  COSTS
   45  MAY, IN CONSIDERATION THEREOF, PAY EMPLOYEES ACCEPTING SUCH COVERAGE TEN
   46  PERCENT LESS THAN THE LIVING WAGE THAT WOULD OTHERWISE APPLY.
   47    4.  A  BUSINESS  THAT  GRANTS  EMPLOYEE  BENEFITS RELATING TO HOUSING,
   48  TRANSPORTATION OR FOOD COSTS MAY,  IN  CONSIDERATION  THEREOF  AND  UPON
   49  APPROVAL BY A MAJORITY VOTE OF THE BOARD ESTABLISHED PURSUANT TO SECTION
   50  SIX  HUNDRED NINETY-SIX OF THIS ARTICLE, REDUCE THE LIVING WAGE STANDARD
   51  THAT WOULD OTHERWISE APPLY IN AN AMOUNT DETERMINED BY SUCH BOARD.
   52    S 696-C. APPLICATION PROCEDURES AND FEE.  1.  THE  COMMISSIONER  SHALL
   53  ESTABLISH  A  WEB  PAGE THROUGH WHICH A BUSINESS SHALL APPLY FOR CERTIF-
   54  ICATION PURSUANT TO SECTION SIX HUNDRED NINETY-SIX-B OF THIS ARTICLE. ON
   55  A SEPARATE WEB PAGE THE COMMISSIONER SHALL LIST, BY  COUNTY,  ALL  BUSI-
   56  NESSES CERTIFIED PURSUANT TO THIS ARTICLE.
       S. 4160                             3
    1    2. THE FEE FOR AN APPLICATION FOR CERTIFICATION SHALL BE AS FOLLOWS:
    2    (A)  FOR  NON-PROFITMAKING  INSTITUTIONS,  AS  DEFINED  IN SECTION SIX
    3  HUNDRED FIFTY-ONE OF THIS CHAPTER: ZERO DOLLARS;
    4    (B) FOR EMPLOYERS EMPLOYING TEN OR FEWER EMPLOYEES: FIFTY DOLLARS;
    5    (C) FOR EMPLOYERS  EMPLOYING  ELEVEN  TO  TWENTY-FIVE  EMPLOYEES:  ONE
    6  HUNDRED DOLLARS;
    7    (D)  FOR  EMPLOYERS  EMPLOYING TWENTY-SIX TO FORTY-NINE EMPLOYEES: TWO
    8  HUNDRED DOLLARS; AND
    9    (E) FOR EMPLOYERS EMPLOYING FIFTY OR MORE EMPLOYEES: TWO HUNDRED FIFTY
   10  DOLLARS.
   11    3. A BUSINESS SHALL APPLY FOR RECERTIFICATION FOR THE SAME  FEE  EVERY
   12  YEAR A COUNTY LIVING WAGE STANDARD CHANGES FROM THE PREVIOUS YEAR.
   13    S  3. This act shall take effect on the first of January next succeed-
   14  ing the date on which it shall have become a law.