Bill Text: NY S06266 | 2019-2020 | General Assembly | Amended


Bill Title: Relates to minimum wage rates for covered transportation center service workers.

Spectrum: Partisan Bill (Democrat 11-0)

Status: (Introduced) 2019-08-26 - PRINT NUMBER 6266A [S06266 Detail]

Download: New_York-2019-S06266-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         6266--A

                               2019-2020 Regular Sessions

                    IN SENATE

                                      May 31, 2019
                                       ___________

        Introduced  by  Sens.  BIAGGI, GOUNARDES, JACKSON, SKOUFIS -- 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 enacting the "healthy
          terminals act"

          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 "healthy
     2  terminals act".
     3    § 2. The labor law is amended by adding a new article 19-D to read  as
     4  follows:

     5                                ARTICLE 19-D
     6        MINIMUM WAGE RATES FOR TRANSPORTATION CENTER SERVICE WORKERS

     7  Section 696-a. Definitions.
     8          696-b. Designation  by commissioner of applicable standard rates
     9                   for covered transportation center service workers.
    10          696-c. Minimum  wage  rate  for  covered  transportation  center
    11                   service workers.
    12          696-d. Commissioner's powers of investigation.
    13          696-e. Records of employers.
    14          696-f. Penalties.
    15          696-g. Civil action.
    16          696-h. Regulations.
    17          696-i. Savings clause.

    18    § 696-a. Definitions. As used in this article: 1. "Covered transporta-
    19  tion  center"  means  John  F.  Kennedy International Airport, LaGuardia

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13042-04-9

        S. 6266--A                          2

     1  Airport, New York Stewart International Airport, the Port Authority  Bus
     2  Terminal, Pennsylvania Station and Grand Central Station.
     3    2. "Covered transportation center worker" means any person employed to
     4  perform  work  at a covered transportation center provided at least one-
     5  half of the employee's time  during  any  workweek  is  performed  at  a
     6  covered  transportation  center.    Covered transportation center worker
     7  shall not include persons employed in an executive,  administrative,  or
     8  professional capacity as defined in subparagraph one of paragraph (a) of
     9  section thirteen of the Fair Labor Standards Act of 1928.
    10    3.  "Franchisee"  means  a  person  to  whom a franchise is offered or
    11  granted;
    12    4. "Franchisor" means a person  who  grants  a  franchise  to  another
    13  person;
    14    5.  "Covered employer" means all employers that employ more than fifty
    15  employees, regardless of where those employees  are  employed,  and  all
    16  franchisees associated with a franchisor or a network of franchises with
    17  franchisees that employ more than fifty employees in aggregate;
    18    6. The "standard wage rate" means:
    19    (a) Effective September first, two thousand twenty, the greater of:
    20    (i) one dollar more than any minimum wage rate that would be otherwise
    21  applicable  to  covered  transportation center service workers under any
    22  federal, state, or local law or policy; or
    23    (ii) any policy of the Port Authority of New York and New Jersey.
    24    (b) Effective September first, two thousand twenty-one the greater of:
    25    (i) two dollars more than any minimum wage rate that would  be  other-
    26  wise  applicable  to covered transportation center service workers under
    27  any federal, state, or local law or policy; or
    28    (ii) any policy of the Port Authority of New York and New Jersey.
    29    (c) Effective September first, two thousand twenty-two the greater of:
    30    (i) three dollars more than any minimum wage rate that would be other-
    31  wise applicable to covered transportation center service  workers  under
    32  any federal, state, or local law or policy; or
    33    (ii) any policy of the Port Authority of New York and New Jersey.
    34    (d)  Effective  September first, two thousand twenty-three the greater
    35  of:
    36    (i) four dollars more than any minimum wage rate that would be  other-
    37  wise  applicable  to covered transportation center service workers under
    38  any federal, state, or local law or policy; or
    39    (ii) any policy of the Port Authority of New York and New Jersey.
    40    (e) Effective September first,  two  thousand  twenty-four,  and  each
    41  September first thereafter, the greater of:
    42    (i)  four dollars more than any minimum wage rate that would be other-
    43  wise applicable to covered transportation center service  workers  under
    44  any federal, state, or local law or policy;
    45    (ii) any policy of the Port Authority of New York and New Jersey; or
    46    (iii)  the  wage  rate  designated by the commissioner the immediately
    47  preceding August first based on the determinations made by  the  federal
    48  general  services administration pursuant to the McNamara-O'Hara Service
    49  Contract Act of 1965, for the classification of "Guard I" for the county
    50  in which the covered transportation center is located.
    51    7. The "standard benefits supplement rate" means  effective  September
    52  first,  two  thousand  twenty  and  each September first thereafter, the
    53  supplemental benefits rate designated by the commissioner the immediate-
    54  ly preceding August first, based on the determination made by the feder-
    55  al  general  service  administration  pursuant  to  the  McNamara-O'Hara

        S. 6266--A                          3

     1  Service  Contract  Act  of 1965, for the classification of "Guard I" for
     2  the county in which the covered transportation center is located.
     3    8. The "standard paid leave rate" means effective September first, two
     4  thousand  twenty  and  each  September  first thereafter, the paid leave
     5  requirements designated by the commissioner  the  immediately  preceding
     6  August  first,  based  on the determinations made by the federal general
     7  services administration pursuant to the McNamara-O'Hara Service Contract
     8  Act of 1965, for the classification of "Guard I" for the county in which
     9  the covered transportation center is located.
    10    9. The "applicable standard rate" shall mean a combination of (a)  the
    11  standard wage rate; (b) the standard benefits supplemental rate, and (c)
    12  the standard paid leave rate.
    13    §  696-b. Designation by commissioner of applicable standard rates for
    14  covered transportation center service workers. 1. On August  first,  two
    15  thousand  twenty and each subsequent August first the commissioner shall
    16  designate the supplemental benefits rate  and  paid  leave  requirements
    17  required  under  determinations  made  by  the  federal general services
    18  administration pursuant to the McNamara-O'Hara Service Contract  Act  of
    19  1965,  for  the  classification of "Guard I" for the county in which the
    20  covered transportation center is located. The commissioner shall public-
    21  ly post such designated  supplemental  benefits  rates  and  paid  leave
    22  requirements.
    23    2.  On  August  first,  two  thousand  twenty-four and each subsequent
    24  August first, the commissioner shall  additionally  designate  the  wage
    25  rate  required under determinations made by the federal general services
    26  administration pursuant to the McNamara-O'Hara Service Contract  Act  of
    27  1965,  for  the  classification of "Guard I" for the county in which the
    28  covered transportation center is located. The commissioner shall public-
    29  ly post such designated wage rate.
    30    § 696-c. Minimum wage rate for covered transportation  center  service
    31  workers.  1.    All  covered  employers  shall ensure that every covered
    32  transportation center worker is compensated at a rate that  is  no  less
    33  than the applicable standard rate.
    34    2.  Notwithstanding  subdivision one of this section, the minimum wage
    35  rate for a covered transportation center worker who is  a  food  service
    36  worker receiving tips shall be a cash wage of at least two-thirds of the
    37  minimum  wage rate set forth in subdivision one of this section, rounded
    38  to the nearest five cents, provided that the tips of such  an  employee,
    39  when  added  to  such cash wage, are equal to or exceed the minimum wage
    40  rate for covered transportation center workers  in  effect  pursuant  to
    41  subdivision  one  of  this  section.    Food  service workers shall also
    42  receive the full amount of benefits and paid leave minimums as  provided
    43  under section six hundred ninety-six-b of this article.
    44    §  696-d.  Commissioner's powers of investigation. The commissioner or
    45  his or her authorized representative shall have the power to:
    46    1. investigate the compensation of covered transportation center work-
    47  ers in the state;
    48    2. enter the place of business or employment of any employer  for  the
    49  purpose  of  (a)  examining and inspecting any and all books, registers,
    50  payrolls, and other records that in any way relate to or have a  bearing
    51  upon the compensation provided to, or the hours worked by any employees,
    52  and  (b)  ascertaining  whether  the  provisions of this article and the
    53  rules and regulations promulgated hereunder are being complied with; and
    54    3. require from any employer full and correct statements  and  reports
    55  in writing, at such times as the commissioner may deem necessary, of the
    56  compensation provided to and the hours by such employer's employees.

        S. 6266--A                          4

     1    §  696-e.  Records  of  employers.  For every employee covered by this
     2  article, every employer shall establish, maintain, and preserve for  not
     3  less  than six years contemporaneous, true, and accurate payroll records
     4  showing  for  each  week  worked  the  hours  worked,  the  compensation
     5  provided, plus such other information as the commissioner deems material
     6  and  necessary.    For all covered transportation center workers who are
     7  not exempt from overtime compensation as established in the  commission-
     8  er's  minimum  wage  orders or otherwise provided by law, rule, or regu-
     9  lation, the payroll records shall include the compensation provided  and
    10  the  regular  hourly rate or rates of pay, the overtime rate or rates of
    11  pay, the number of regular hours worked, the number  of  overtime  hours
    12  worked  and  the cost of benefits and/or benefit supplements. On demand,
    13  the employer shall furnish to  the  commissioner  or  his  or  her  duly
    14  authorized representative a sworn statement of the hours worked, rate or
    15  rates of compensation, for each covered transportation worker, plus such
    16  other  information  as  the  commissioner  deems material and necessary.
    17  Every employer shall keep such records open to inspection by the commis-
    18  sioner or his or her duly authorized representative  at  any  reasonable
    19  time.  Every  employer  of  a covered transportation worker shall keep a
    20  digest and summary of this  article  which  shall  be  prepared  by  the
    21  commissioner,  posted in a conspicuous place in his or her establishment
    22  and shall also keep posted such additional copies  of  said  digest  and
    23  summary  as the commissioner prescribes. Employers shall, on request, be
    24  furnished with copies of this article and of orders, and of digests  and
    25  summaries  thereof,  without  charge. Employers shall permit the commis-
    26  sioner or his or her duly authorized representative to question  without
    27  interference  any employee of such employer in a private location at the
    28  place of employment and during working hours in  respect  to  the  wages
    29  paid to and the hours worked by such employee or other employees.
    30    § 696-f. Penalties.  1. Any employer or his or her agent, or the offi-
    31  cer  or  agent  of  any  corporation,  partnership, or limited liability
    32  company, who pays or agrees to pay to any employee less than the  appli-
    33  cable  standard rate under this article shall be guilty of a misdemeanor
    34  and upon conviction therefor shall be fined not less than  five  hundred
    35  nor  more  than  twenty thousand dollars or imprisoned for not more than
    36  one year, and, in the event that any second or subsequent offense occurs
    37  within six years of the date of conviction for a prior offense, shall be
    38  fined not less than five hundred nor more than twenty  thousand  dollars
    39  or  imprisoned  for  not more than one year plus one day, or punished by
    40  both such fine and imprisonment, for each such offense. Each payment  to
    41  any employee in any week of less than the applicable standard rate under
    42  this article shall constitute a separate offense.
    43    2.  Any  employer  or his or her agent, or the officer or agent of any
    44  corporation, partnership, or limited liability  company,  who  fails  to
    45  keep  the records required under this article or to furnish such records
    46  or any information required to be furnished under this  article  to  the
    47  commissioner  or  his  or her authorized representative upon request, or
    48  who hinders or delays the commissioner or his or her  authorized  repre-
    49  sentative  in the performance of his or her duties in the enforcement of
    50  this article, or refuses to admit the commissioner or his or her author-
    51  ized representative to any place of employment, or  falsifies  any  such
    52  records  or  refuses to make such records accessible to the commissioner
    53  or his or her authorized representative, or refuses to furnish  a  sworn
    54  statement  of  such  records  or  any other information required for the
    55  proper enforcement of this article to the commissioner  or  his  or  her
    56  authorized  representative,  shall  be  guilty of a misdemeanor and upon

        S. 6266--A                          5

     1  conviction therefor shall be fined not less than five hundred  nor  more
     2  than  five  thousand  dollars  or imprisoned for not more than one year,
     3  and, in the event that any second or subsequent  offense  occurs  within
     4  six years of the date of conviction for a prior offense, shall be guilty
     5  of  a  felony  for the second or subsequent offense, and upon conviction
     6  therefor, shall be fined not less than five hundred nor more than twenty
     7  thousand dollars or imprisoned for not more than one year plus one  day,
     8  or  punished  by both such fine and imprisonment, for each such offense.
     9  Each day's failure to keep the records requested under this  article  or
    10  to furnish such records or information to the commissioner or his or her
    11  authorized representative shall constitute a separate offense.
    12    §  696-g.  Civil  action.  1.  If  any  employee is paid by his or her
    13  employer less than the applicable standard rate to which he  or  she  is
    14  entitled  under  the provisions of this article, he or she shall recover
    15  in a civil action the amount of any such  underpayments,  together  with
    16  all  reasonable  attorney's fees, prejudgment interest as required under
    17  the civil practice law and rules, and unless the employer proves a  good
    18  faith  basis to believe that its underpayment of wages was in compliance
    19  with the law, an additional amount as liquidated damages  equal  to  one
    20  hundred  percent of the total of such underpayments found to be due. Any
    21  agreement between the employee and the employer to work  for  less  than
    22  such applicable standard rate shall be no defense to such action.
    23    2.  On  behalf  of any employee paid less than the applicable standard
    24  rate to which the employee is entitled  under  the  provisions  of  this
    25  article,  the commissioner may bring any legal action necessary, includ-
    26  ing administrative action, to collect such claim, and the employer shall
    27  be required to pay the full amount of the underpayment, plus costs,  and
    28  unless the employer proves a good faith basis to believe that its under-
    29  payment  was  in compliance with the law, an additional amount as liqui-
    30  dated damages. Liquidated damages shall be calculated by the commission-
    31  er as  no  more  than  one  hundred  percent  of  the  total  amount  of
    32  underpayments found to be due the employee. In any action brought by the
    33  commissioner  in  a  court of competent jurisdiction, liquidated damages
    34  shall be calculated as an amount equal to one hundred percent of  under-
    35  payments found to be due the employee.
    36    3.  Notwithstanding  any  other provision of law, an action to recover
    37  upon a liability imposed by this article must be  commenced  within  six
    38  years.  The  statute  of  limitations  shall  be tolled from the date an
    39  employee files a complaint with the  commissioner  or  the  commissioner
    40  commences  an  investigation,  whichever  is  earlier, until an order to
    41  comply issued by the commissioner becomes final, or  where  the  commis-
    42  sioner does not issue an order, until the date on which the commissioner
    43  notifies the complainant that the investigation has concluded.  Investi-
    44  gation  by  the  commissioner  shall  not be a prerequisite to nor a bar
    45  against a person bringing a civil action under this article.
    46    4. In any civil action by an employee  or  by  the  commissioner,  the
    47  employee or commissioner shall have the right to collect attorneys' fees
    48  and  costs  incurred  in  enforcing  any court judgment. Any judgment or
    49  court order awarding remedies under this section shall provide  that  if
    50  any  amounts  remain unpaid upon the expiration of ninety days following
    51  issuance of judgment, or ninety days after expiration  of  the  time  to
    52  appeal  and no appeal therefrom is then pending, whichever is later, the
    53  total  amount  of  judgment  shall  automatically  increase  by  fifteen
    54  percent.

        S. 6266--A                          6

     1    §  696-h.  Regulations.  1. The commissioner may promulgate such regu-
     2  lations as he or she deems appropriate to carry out the purposes of this
     3  article and to safeguard minimum compensation standards.
     4    2.  Such  regulations shall be promulgated by the commissioner after a
     5  public hearing held after due notice.
     6    3. A notice of the public hearing and a notice of the promulgation  of
     7  any such regulation shall be published in the state bulletin. The notice
     8  of  the  promulgation of any such regulation shall be published at least
     9  twenty days before the effective date of the regulation.
    10    § 696-i. Savings clause. If any  provision  of  this  article  or  the
    11  application  thereof to any person, employer, occupation or circumstance
    12  is held invalid, the remainder of the article  and  the  application  of
    13  such  provision  to  other  persons,  employees, occupations, or circum-
    14  stances shall not be affected thereby.
    15    § 3. This act shall take effect on the ninetieth day  after  it  shall
    16  have become a law.
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