Bill Text: NY S06266 | 2019-2020 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relates to minimum wage rates for covered airport workers.
Spectrum: Partisan Bill (Democrat 36-0)
Status: (Passed) 2020-12-31 - APPROVAL MEMO.76 [S06266 Detail]
Download: New_York-2019-S06266-Introduced.html
Bill Title: Relates to minimum wage rates for covered airport workers.
Spectrum: Partisan Bill (Democrat 36-0)
Status: (Passed) 2020-12-31 - APPROVAL MEMO.76 [S06266 Detail]
Download: New_York-2019-S06266-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 6266 2019-2020 Regular Sessions IN SENATE May 31, 2019 ___________ Introduced by Sen. BIAGGI -- 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 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. Short title. This act shall be known and may be cited as 2 the "healthy 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 HEALTHY TERMINALS 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. Severability clause. 18 § 696-a. Definitions. For the purposes of this article, the following 19 terms shall have the following meanings: 20 1. "Covered transportation center" means John F. Kennedy International 21 Airport, LaGuardia Airport, New York Stewart International Airport, the 22 Port Authority Bus Terminal, Pennsylvania Station and Grand Central 23 Station. 24 2. "Covered transportation center worker" means any person employed to 25 perform work at a covered transportation center provided at least one- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD13042-02-9S. 6266 2 1 half of the employee's time during any workweek is performed at a 2 covered transportation center. "Covered transportation center worker" 3 shall not include persons employed in an executive, administrative, or 4 professional capacity as defined by the secretary of labor under § 5 13(a)(1) of the Fair Labor Standards Act (29 U.S.C. § 213(a)(1)). 6 3. "Franchise" shall have the same meaning as the definition provided 7 under subdivision three of section six hundred eighty-one of the general 8 business law. 9 4. "Franchisee" shall have the same meaning as the definition provided 10 under subdivision four of section six hundred eighty-one of the general 11 business law. 12 5. "Franchisor" shall have the same meaning as the definition provided 13 under subdivision five of section six hundred eighty-one of the general 14 business law. 15 6. "Covered employer" means all employers that employ more than fifty 16 employees, regardless of where those employees are employed, and all 17 franchisees associated with a franchisor or a network of franchises with 18 franchisees that employ more than fifty employees in aggregate. 19 7. The "standard wage rate" means: 20 (a) Effective September 1, 2020 the greater of: 21 (i) $1.00 more than any minimum wage rate that would be otherwise 22 applicable to covered transportation center service workers under any 23 federal, state or local law or policy; or 24 (ii) any policy of the Port Authority of New York and New Jersey. 25 (b) Effective September 1, 2021 the greater of: 26 (i) $2.00 more than any minimum wage rate that would be otherwise 27 applicable to covered transportation center service workers under any 28 federal, state or local law or policy; or 29 (ii) any policy of the Port Authority of New York and New Jersey. 30 (c) Effective September 1, 2022 the greater of: 31 (i) $3.00 more than any minimum wage rate that would be otherwise 32 applicable to covered transportation center service workers under any 33 federal, state or local law or policy; or 34 (ii) any policy of the Port Authority of New York and New Jersey. 35 (d) Effective September 1, 2023 the greater of: 36 (i) $4.00 more than any minimum wage rate that would be otherwise 37 applicable to covered transportation center service workers under any 38 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 1, 2024, and each September 1 thereafter, the 41 greater of: 42 (i) $4.00 more than any minimum wage rate that would be otherwise 43 applicable to covered transportation center service workers under any 44 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 general 48 services administration pursuant to the federal "Service Contract Act of 49 1965" (41 U.S.C. § 351 et seq.), for the classification of "Guard I" for 50 the county in which the covered transportation center is located. 51 8. The "standard benefits supplement rate" means: effective September 52 1, 2020 and each September first thereafter, the supplemental benefits 53 rate designated by the commissioner the immediately preceding August 54 first, based on the determinations made by the general services adminis- 55 tration pursuant to the federal "Service Contract Act of 1965" (41S. 6266 3 1 U.S.C. § 351 et seq.), for the classification of "Guard I" for the coun- 2 ty in which the covered transportation center is located. 3 9. The "standard paid leave rate" means: effective September 1, 2020 4 and each September first thereafter, the paid leave requirements desig- 5 nated by the commissioner the immediately preceding August first, based 6 on the determinations made by the general services administration pursu- 7 ant to the federal "Service Contract Act of 1965" (41 U.S.C. § 351 et 8 seq.), for the classification of "Guard I" for the county in which the 9 covered transportation center is located. 10 10. The "applicable standard rate" shall mean a combination of (a) the 11 standard wage rate; (b) the standard benefits supplement 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 1, 2020 and 15 on each subsequent August first, the commissioner shall designate the 16 supplemental benefits rate and paid leave requirements required under 17 determinations made by the general services administration pursuant to 18 the federal "Service Contract Act of 1965" (41 U.S.C. § 351 et seq.), 19 for the classification of "Guard I" for the county in which the covered 20 transportation center is located. The commissioner shall publicly post 21 such designated supplemental benefits rate and paid leave requirements. 22 2. On August 1, 2024 and on each subsequent August first, the commis- 23 sioner shall additionally designate the wage rate required under deter- 24 minations made by the general services administration pursuant to the 25 federal "Service Contract Act of 1965" (41 U.S.C. § 351 et seq.), for 26 the classification of "Guard I" for the county in which the covered 27 transportation center is located. The commissioner shall publicly post 28 such designated wage rate. 29 § 696-c. Minimum wage rate for covered transportation center service 30 workers. 1. All covered employers shall ensure that every covered trans- 31 portation center worker is compensated at a rate that is no less than 32 the applicable standard rate. 33 2. Notwithstanding subdivision one of this section, the minimum wage 34 rate for a covered transportation center worker who is a food service 35 worker receiving tips shall be a cash wage of at least two-thirds of the 36 minimum wage rate set forth in subdivision one of this section, rounded 37 to the nearest five cents, provided that the tips of such an employee, 38 when added to such cash wage, are equal to or exceed the minimum wage 39 rate for covered transportation center workers in effect pursuant to 40 subdivision one of this section. Food service workers shall also receive 41 the full amount of benefits and standard paid leave rate as provided 42 under subdivision one of this section. 43 § 696-d. Commissioner's powers of investigation. The commissioner or 44 his or her authorized representative shall have power: (a) to investi- 45 gate the wages of persons in any occupation in the state; (b) to enter 46 the place of business or employment of any employer for the purposes of 47 (1) examining and inspecting any and all books, registers, payrolls and 48 other records that in any way relate to or have a bearing upon the wages 49 paid to, or the hours worked by any employees, and (2) ascertaining 50 whether the provisions of this article and the orders and regulations 51 promulgated hereunder are being complied with; and (c) to require from 52 any employer full and correct statements and reports in writing, at such 53 times as the commissioner may deem necessary, of the wages paid to and 54 the hours worked by his or her employees. 55 § 696-e. Records of employers. For all employees covered by this arti- 56 cle, every employer shall establish, maintain, and preserve for not lessS. 6266 4 1 than six years contemporaneous, true, and accurate payroll records show- 2 ing for each week worked the hours worked; the rate or rates of pay and 3 basis thereof, whether paid by the hour, shift, day, week, salary, 4 piece, commission, or other basis; gross wages; deductions; allowances, 5 if any, claimed as part of the minimum wage; and net wages for each 6 employee, plus such other information as the commissioner deems material 7 and necessary. For all employees who are not exempt from overtime 8 compensation as established in the commissioner's minimum wage orders or 9 otherwise provided by New York state law or regulation, the payroll 10 records must include the regular hourly rate or rates of pay, the over- 11 time rate or rates of pay, the number of regular hours worked, and the 12 number of overtime hours worked. For all employees paid a piece rate, 13 the payroll records shall include the applicable piece rate or rates of 14 pay and number of pieces completed at each piece rate. On demand, the 15 employer shall furnish to the commissioner or his or her duly authorized 16 representative a sworn statement of the hours worked, rate or rates of 17 pay and basis thereof, whether paid by the hour, shift, day, week, sala- 18 ry, piece, commission, or other basis; gross wages; deductions; and 19 allowances, if any, claimed as part of the minimum wage, for each 20 employee, plus such other information as the commissioner deems material 21 and necessary. Every employer shall keep such records open to inspection 22 by the commissioner or his or her duly authorized representative at any 23 reasonable time. Every employer of an employee shall keep a digest and 24 summary of this article or applicable wage order, which shall be 25 prepared by the commissioner, posted in a conspicuous place in his or 26 her establishment and shall also keep posted such additional copies of 27 said digest and summary as the commissioner prescribes. Employers shall, 28 on request, be furnished with copies of this article and of orders, and 29 of digests and summaries thereof, without charge. Employers shall 30 permit the commissioner or his or her duly authorized representative to 31 question without interference any employee of such employer in a private 32 location at the place of employment and during working hours in respect 33 to the wages paid to and the hours worked by such employee or other 34 employees. 35 § 696-f. Penalties. 1. Failure to pay minimum wage or overtime compen- 36 sation. Any employer or his or her agent, or the officer or agent of any 37 corporation, partnership, or limited liability company, who pays or 38 agrees to pay to any employee less than the wage applicable under this 39 article shall be guilty of a misdemeanor and upon conviction therefor 40 shall be fined not less than five hundred nor more than twenty thousand 41 dollars or imprisoned for not more than one year, and, in the event that 42 any second or subsequent offense occurs within six years of the date of 43 conviction for a prior offense, shall be guilty of a felony for the 44 second or subsequent offense, and upon conviction therefor, shall be 45 fined not less than five hundred nor more than twenty thousand dollars 46 or imprisoned for not more than one year plus one day, or punished by 47 both such fine and imprisonment, for each such offense. Each payment to 48 any employee in any week of less than the wage applicable under this 49 article shall constitute a separate offense. 50 2. Failure to keep records. Any employer or his or her agent, or the 51 officer or agent of any corporation, partnership, or limited liability 52 company, who fails to keep the records required under this article or to 53 furnish such records or any information required to be furnished under 54 this article to the commissioner or his or her authorized representative 55 upon request, or who hinders or delays the commissioner or his or her 56 authorized representative in the performance of his or her duties in theS. 6266 5 1 enforcement of this article, or refuses to admit the commissioner or his 2 or her authorized representative to any place of employment, or falsi- 3 fies any such records or refuses to make such records accessible to the 4 commissioner or his or her authorized representative, or refuses to 5 furnish a sworn statement of such records or any other information 6 required for the proper enforcement of this article to the commissioner 7 or his or her authorized representative, shall be guilty of a misdemea- 8 nor and upon conviction therefor shall be fined not less than five 9 hundred nor more than five thousand dollars or imprisoned for not more 10 than one year, and, in the event that any second or subsequent offense 11 occurs within six years of the date of conviction for a prior offense, 12 shall be guilty of a felony for the second or subsequent offense, and 13 upon conviction therefor, shall be fined not less than five hundred nor 14 more than twenty thousand dollars or imprisoned for not more than one 15 year plus one day, or punished by both such fine and imprisonment, for 16 each such offense. Each day's failure to keep the records required under 17 this article or to furnish such records or information to the commis- 18 sioner or his or her authorized representative shall constitute a sepa- 19 rate offense. 20 § 696-g. Civil action. 1. If any employee is paid by his or her 21 employer less than the wage to which he or she is entitled under the 22 provisions of this article, he or she shall recover in a civil action 23 the amount of any such underpayments, together with costs, all reason- 24 able attorneys' fees, prejudgment interest as required under the civil 25 practice law and rules, and unless the employer proves a good faith 26 basis to believe that its underpayment of wages was in compliance with 27 the law, an additional amount as liquidated damages equal to one hundred 28 percent of the total of such underpayments found to be due. Any agree- 29 ment between the employee and the employer to work for less than such 30 wage shall be no defense to such action. 31 2. On behalf of any employee paid less than the wage to which the 32 employee is entitled under the provisions of this article, the commis- 33 sioner may bring any legal action necessary, including administrative 34 action, to collect such claim, and the employer shall be required to pay 35 the full amount of the underpayment, plus costs, and unless the employer 36 proves a good faith basis to believe that its underpayment was in 37 compliance with the law, an additional amount as liquidated damages. 38 Liquidated damages shall be calculated by the commissioner as no more 39 than one hundred percent of the total amount of underpayments found to 40 be due the employee. In any action brought by the commissioner in a 41 court of competent jurisdiction, liquidated damages shall be calculated 42 as an amount equal to one hundred percent of underpayments found to be 43 due the employee. 44 3. Notwithstanding any other provision of law, an action to recover 45 upon a liability imposed by this article must be commenced within six 46 years. The statute of limitations shall be tolled from the date an 47 employee files a complaint with the commissioner or the commissioner 48 commences an investigation, whichever is earlier, until an order to 49 comply issued by the commissioner becomes final, or where the commis- 50 sioner does not issue an order, until the date on which the commissioner 51 notifies the complainant that the investigation has concluded. Investi- 52 gation by the commissioner shall not be a prerequisite to nor a bar 53 against a person bringing a civil action under this article. 54 4. In any civil action by an employee or by the commissioner, the 55 employee or commissioner shall have the right to collect attorneys' fees 56 and costs incurred in enforcing any court judgment. Any judgment orS. 6266 6 1 court order awarding remedies under this section shall provide that if 2 any amounts remain unpaid upon the expiration of ninety days following 3 issuance of judgment, or ninety days after expiration of the time to 4 appeal and no appeal therefrom is then pending, whichever is later, the 5 total amount of judgment shall automatically increase by fifteen 6 percent. 7 § 696-h. Regulations. 1. The commissioner may promulgate such regu- 8 lations as he or she deems appropriate to carry out the purposes of this 9 article and to safeguard minimum wage standards. 10 2. Such regulations shall be promulgated by the commissioner after a 11 public hearing held after due notice. A notice of the public hearing and 12 a notice of the promulgation of any such regulation shall be published 13 in the state bulletin. The notice of the promulgation of any such regu- 14 lation shall be published at least twenty days before the effective date 15 of the regulation. 16 § 696-i. Severability clause. If any provision of this article or the 17 application thereof to any person, employer, occupation or circumstance 18 is held invalid, the remainder of the article and the application of 19 such provision to other persons, employees, occupations, or circum- 20 stances shall not be affected thereby. 21 § 3. This act shall take effect August 1, 2020.
