Bill Text: NY A08142 | 2019-2020 | General Assembly | Amended

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

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Bill Title: Relates to minimum wage rates for covered airport workers.

Spectrum: Partisan Bill (Democrat 63-0)

Status: (Passed) 2020-12-31 - APPROVAL MEMO.76 [A08142 Detail]

Download: New_York-2019-A08142-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         8142--C

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                      June 4, 2019
                                       ___________

        Introduced by M. of A. HYNDMAN, CARROLL, TAYLOR, REYES, CRESPO, GRIFFIN,
          GOTTFRIED,  PAULIN,  DINOWITZ,  NIOU -- Multi-Sponsored by -- M. of A.
          LENTOL -- read once and referred to the Committee on Labor --  commit-
          tee  discharged, bill amended, ordered reprinted as amended and recom-
          mitted to said committee -- again reported from  said  committee  with
          amendments,  ordered  reprinted  as  amended  and  recommitted to said
          committee -- recommitted to the Committee on Labor in accordance  with
          Assembly Rule 3, sec. 2 -- 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.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13101-05-9
        A. 8142--C                          2

     1          696-i. Savings clause.

     2    § 696-a. Definitions. As used in this article: 1. "Covered transporta-
     3  tion  center"  means  John  F.  Kennedy International Airport, LaGuardia
     4  Airport, New York Stewart International Airport, the Port Authority  Bus
     5  Terminal, Pennsylvania Station and Grand Central Station.
     6    2. "Covered transportation center worker" means any person employed to
     7  perform  work  at a covered transportation center provided at least one-
     8  half of the employee's time  during  any  workweek  is  performed  at  a
     9  covered  transportation  center, provided, however, work performed for a
    10  mercantile establishment, a restaurant  or  other  eating  place,  or  a
    11  drinking  place shall not count as work performed at a covered transpor-
    12  tation center for the purposes of this article.  Covered  transportation
    13  center worker shall not include persons employed in an executive, admin-
    14  istrative,  or  professional  capacity as defined in subparagraph one of
    15  paragraph (a) of section thirteen of the Fair  Labor  Standards  Act  of
    16  1938.
    17    3. The "standard wage rate" means:
    18    (a) Effective September first, two thousand twenty the greater of:
    19    (i) one dollar more than any minimum wage rate that would be otherwise
    20  applicable  to covered transportation center service workers established
    21  by article nineteen of this chapter; or
    22    (ii) any otherwise applicable minimum wage rate established through  a
    23  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  estab-
    27  lished by article nineteen of this chapter; or
    28    (ii)  any otherwise applicable minimum wage rate established through a
    29  policy of the Port Authority of New York and New Jersey.
    30    (c) Effective September first, two thousand twenty-two the greater of:
    31    (i) three dollars more than any minimum wage rate that would be other-
    32  wise applicable to covered transportation center service workers set  by
    33  any federal or state minimum wage law; or
    34    (ii)  any otherwise applicable minimum wage rate established through a
    35  policy of the Port Authority of New York and New Jersey.
    36    (d) Effective September first, two thousand twenty-three  the  greater
    37  of:
    38    (i)  four dollars more than any minimum wage rate that would be other-
    39  wise applicable to covered transportation center service workers  estab-
    40  lished by article nineteen of this chapter; or
    41    (ii)  any otherwise applicable minimum wage rate established through a
    42  policy of the Port Authority of New York and New Jersey.
    43    (e) Effective September first,  two  thousand  twenty-four,  and  each
    44  September first thereafter, the greater of:
    45    (i)  four dollars more than any minimum wage rate that would be other-
    46  wise applicable to covered transportation center service workers  estab-
    47  lished by article nineteen of this chapter;
    48    (ii)  any otherwise applicable minimum wage rate established through a
    49  policy of the Port Authority of New York and New Jersey; or
    50    (iii) an amount equal to the wage rate designated by the  commissioner
    51  the  immediately preceding August first based on the determinations made
    52  by the United States department of labor pursuant to the McNamara-O'Hara
    53  Service Contract Act of 1965 (41 U.S.C. §6701, et seq.), for the classi-
    54  fication of "Guard I" for the county in which the covered transportation
    55  center is located.
        A. 8142--C                          3

     1    4. The "standard benefits supplement rate" means an hourly  supplement
     2  furnished  by  a contractor to an employee in one of the following ways:
     3  (a) in the form of health and other benefits (not including paid  leave)
     4  that  cost  the employer the entire required hourly supplemental amount;
     5  (b) by providing a portion of the required hourly supplement in the form
     6  of  health and other benefits (not including paid leave) and the balance
     7  in cash; or (c) by providing the entire supplement  in  cash.  Effective
     8  September  first, two thousand twenty and each September first thereaft-
     9  er, the required hourly supplemental rates shall be an amount  equal  to
    10  the  supplemental benefits rate designated by the commissioner the imme-
    11  diately preceding August first, based on the determination made  by  the
    12  United  States  department  of  labor  pursuant  to  the McNamara-O'Hara
    13  Service Contract Act of 1965 (41 U.S.C. §6701, et seq.), for the classi-
    14  fication of "Guard I" for the county in which the covered transportation
    15  center is located.
    16    5. The "standard paid leave rate" means effective September first, two
    17  thousand twenty and each September  first  thereafter,  the  paid  leave
    18  requirements  designated  by  the commissioner the immediately preceding
    19  August first, based on the determinations  made  by  the  United  States
    20  department of labor pursuant to the McNamara-O'Hara Service Contract Act
    21  of  1965 (41 U.S.C. §6701, et seq.), for the classification of "Guard I"
    22  for the county in which the covered transportation center is located.
    23    6. The "applicable standard rate" shall mean a combination of (a)  the
    24  standard wage rate; (b) the standard benefits supplemental rate, and (c)
    25  the standard paid leave rate.
    26    7.  "Mercantile  establishment"  shall  mean a place where one or more
    27  persons are employed in which goods, wares or  merchandise  are  offered
    28  for sale.
    29    8.  "Restaurants  and  other  eating places" shall mean establishments
    30  primarily engaged in one of the following: (a) providing  food  services
    31  to  patrons who order and are served while seated (i.e., waiter/waitress
    32  service) and pay after eating; (b) providing food  services  to  patrons
    33  who  generally  order  or  select items (e.g., at a counter, in a buffet
    34  line, or at a computer terminal) and pay before eating; or (c) preparing
    35  and/or serving a specialty snack (e.g., ice cream, frozen yogurt,  cook-
    36  ies)  and/or  nonalcoholic  beverages  (e.g., coffee, juices, sodas) for
    37  consumption on or near the premises.
    38    9. "Drinking places" shall mean establishments known as bars, taverns,
    39  nightclubs, or drinking places primarily engaged in preparing and  serv-
    40  ing  alcoholic beverages for immediate consumption. These establishments
    41  may also provide limited food services.
    42    § 696-b. Designation by commissioner of applicable standard rates  for
    43  covered  transportation  center service workers. 1. On August first, two
    44  thousand twenty and each subsequent August first the commissioner  shall
    45  designate  the  supplemental  benefits  rate and paid leave requirements
    46  required under determinations made by the United  States  department  of
    47  labor  pursuant  to the McNamara-O'Hara Service Contract Act of 1965 (41
    48  U.S.C. §6701, et seq.), for the classification  of  "Guard  I"  for  the
    49  county  in  which  the  covered  transportation  center  is located. The
    50  commissioner shall publicly post such designated  supplemental  benefits
    51  rates and paid leave requirements.
    52    2.  On  August  first,  two  thousand  twenty-four and each subsequent
    53  August first, the commissioner shall  additionally  designate  the  wage
    54  rate  required under determinations made by the federal general services
    55  administration pursuant to the McNamara-O'Hara Service Contract  Act  of
    56  1965  (41  U.S.C.  § 6701, et seq.)  for the classification of "Guard I"
        A. 8142--C                          4

     1  for the county in which the covered transportation  center  is  located.
     2  The commissioner shall publicly post such designated wage rate.
     3    §  696-c.  Minimum wage rate for covered transportation center service
     4  workers. All covered employers shall ensure that every covered transpor-
     5  tation center worker is compensated at a rate that is no less  than  the
     6  applicable  standard  rate. Nothing in this article shall alter or limit
     7  any employer's obligation to pay  any  otherwise  applicable  prevailing
     8  wage under article eight or nine of this chapter.
     9    §  696-d.  Commissioner's powers of investigation. The commissioner or
    10  his or her authorized representative shall have the power to:
    11    1. investigate the compensation of covered transportation center work-
    12  ers in the state;
    13    2. enter the place of business or employment of any employer  for  the
    14  purpose  of  (a)  examining and inspecting any and all books, registers,
    15  payrolls, and other records that in any way relate to or have a  bearing
    16  upon the compensation provided to, or the hours worked by any employees,
    17  and  (b)  ascertaining  whether  the  provisions of this article and the
    18  rules and regulations promulgated hereunder are being complied with; and
    19    3. require from any employer full and correct statements  and  reports
    20  in writing, at such times as the commissioner may deem necessary, of the
    21  compensation provided to and the hours by such employer's employees.
    22    §  696-e.  Records  of  employers.  For every employee covered by this
    23  article, every employer shall establish, maintain, and preserve for  not
    24  less  than six years contemporaneous, true, and accurate payroll records
    25  showing  for  each  week  worked  the  hours  worked,  the  compensation
    26  provided, plus such other information as the commissioner deems material
    27  and  necessary.    For all covered transportation center workers who are
    28  not exempt from overtime compensation as established in the  commission-
    29  er's  minimum  wage  orders or otherwise provided by law, rule, or regu-
    30  lation, the payroll records shall include the compensation provided  and
    31  the  regular  hourly rate or rates of pay, the overtime rate or rates of
    32  pay, the number of regular hours worked, the number  of  overtime  hours
    33  worked  and  the cost of benefits and/or benefit supplements. On demand,
    34  the employer shall furnish to  the  commissioner  or  his  or  her  duly
    35  authorized representative a sworn statement of the hours worked, rate or
    36  rates of compensation, for each covered transportation worker, plus such
    37  other  information  as  the  commissioner  deems material and necessary.
    38  Every employer shall keep such records open to inspection by the commis-
    39  sioner or his or her duly authorized representative  at  any  reasonable
    40  time.  Every  employer  of  a covered transportation worker shall keep a
    41  digest and summary of this  article  which  shall  be  prepared  by  the
    42  commissioner,  posted in a conspicuous place in his or her establishment
    43  and shall also keep posted such additional copies  of  said  digest  and
    44  summary  as the commissioner prescribes. Employers shall, on request, be
    45  furnished with copies of this article and of orders, and of digests  and
    46  summaries  thereof,  without  charge. Employers shall permit the commis-
    47  sioner or his or her duly authorized representative to question  without
    48  interference  any employee of such employer in a private location at the
    49  place of employment and during working hours in  respect  to  the  wages
    50  paid to and the hours worked by such employee or other employees.
    51    § 696-f. Penalties.  1. Any employer or his or her agent, or the offi-
    52  cer  or  agent  of  any  corporation,  partnership, or limited liability
    53  company, who pays or agrees to pay to any employee less than the  appli-
    54  cable  standard rate under this article shall be guilty of a misdemeanor
    55  and upon conviction therefor shall be fined not less than  five  hundred
    56  nor  more  than  twenty thousand dollars or imprisoned for not more than
        A. 8142--C                          5

     1  one year, and, in the event that any second or subsequent offense occurs
     2  within six years of the date of conviction for a prior offense, shall be
     3  fined not less than five hundred nor more than twenty  thousand  dollars
     4  or  imprisoned  for  not more than one year plus one day, or punished by
     5  both such fine and imprisonment, for each such offense. Each payment  to
     6  any employee in any week of less than the applicable standard rate under
     7  this article shall constitute a separate offense.
     8    2.  Any  employer  or his or her agent, or the officer or agent of any
     9  corporation, partnership, or limited liability  company,  who  fails  to
    10  keep  the records required under this article or to furnish such records
    11  or any information required to be furnished under this  article  to  the
    12  commissioner  or  his  or her authorized representative upon request, or
    13  who hinders or delays the commissioner or his or her  authorized  repre-
    14  sentative  in the performance of his or her duties in the enforcement of
    15  this article, or refuses to admit the commissioner or his or her author-
    16  ized representative to any place of employment, or  falsifies  any  such
    17  records  or  refuses to make such records accessible to the commissioner
    18  or his or her authorized representative, or refuses to furnish  a  sworn
    19  statement  of  such  records  or  any other information required for the
    20  proper enforcement of this article to the commissioner  or  his  or  her
    21  authorized  representative,  shall  be  guilty of a misdemeanor and upon
    22  conviction therefor shall be fined not less than five hundred  nor  more
    23  than  five  thousand  dollars  or imprisoned for not more than one year,
    24  and, in the event that any second or subsequent  offense  occurs  within
    25  six years of the date of conviction for a prior offense, shall be guilty
    26  of  a  felony  for the second or subsequent offense, and upon conviction
    27  therefor, shall be fined not less than five hundred nor more than twenty
    28  thousand dollars or imprisoned for not more than one year plus one  day,
    29  or  punished  by both such fine and imprisonment, for each such offense.
    30  Each day's failure to keep the records requested under this  article  or
    31  to furnish such records or information to the commissioner or his or her
    32  authorized representative shall constitute a separate offense.
    33    §  696-g.  Civil  action.  1.  If  any  employee is paid by his or her
    34  employer less than the applicable standard rate to which he  or  she  is
    35  entitled  under  the provisions of this article, he or she shall recover
    36  in a civil action the amount of any such  underpayments,  together  with
    37  all  reasonable  attorney's fees, prejudgment interest as required under
    38  the civil practice law and rules, and unless the employer proves a  good
    39  faith  basis to believe that its underpayment of wages was in compliance
    40  with the law, an additional amount as liquidated damages  equal  to  one
    41  hundred  percent of the total of such underpayments found to be due. Any
    42  agreement between the employee and the employer to work  for  less  than
    43  such applicable standard rate shall be no defense to such action.
    44    2.  On  behalf  of any employee paid less than the applicable standard
    45  rate to which the employee is entitled  under  the  provisions  of  this
    46  article,  the commissioner may bring any legal action necessary, includ-
    47  ing administrative action, to collect such claim, and the employer shall
    48  be required to pay the full amount of the underpayment, plus costs,  and
    49  unless the employer proves a good faith basis to believe that its under-
    50  payment  was  in compliance with the law, an additional amount as liqui-
    51  dated damages. Liquidated damages shall be calculated by the commission-
    52  er as  no  more  than  one  hundred  percent  of  the  total  amount  of
    53  underpayments found to be due the employee. In any action brought by the
    54  commissioner  in  a  court of competent jurisdiction, liquidated damages
    55  shall be calculated as an amount equal to one hundred percent of  under-
    56  payments found to be due the employee.
        A. 8142--C                          6

     1    3.  Notwithstanding  any  other provision of law, an action to recover
     2  upon a liability imposed by this article must be  commenced  within  six
     3  years.  The  statute  of  limitations  shall  be tolled from the date an
     4  employee files a complaint with the  commissioner  or  the  commissioner
     5  commences  an  investigation,  whichever  is  earlier, until an order to
     6  comply issued by the commissioner becomes final, or  where  the  commis-
     7  sioner does not issue an order, until the date on which the commissioner
     8  notifies the complainant that the investigation has concluded.  Investi-
     9  gation  by  the  commissioner  shall  not be a prerequisite to nor a bar
    10  against a person bringing a civil action under this article.
    11    4. In any civil action by an employee  or  by  the  commissioner,  the
    12  employee or commissioner shall have the right to collect attorneys' fees
    13  and  costs  incurred  in  enforcing  any court judgment. Any judgment or
    14  court order awarding remedies under this section shall provide  that  if
    15  any  amounts  remain unpaid upon the expiration of ninety days following
    16  issuance of judgment, or ninety days after expiration  of  the  time  to
    17  appeal  and no appeal therefrom is then pending, whichever is later, the
    18  total  amount  of  judgment  shall  automatically  increase  by  fifteen
    19  percent.
    20    §  696-h.  Regulations.  1. The commissioner may promulgate such regu-
    21  lations as he or she deems appropriate to carry out the purposes of this
    22  article and to safeguard minimum compensation standards.
    23    2. Such regulations shall be promulgated by the commissioner  after  a
    24  public hearing held after due notice.
    25    3.  A notice of the public hearing and a notice of the promulgation of
    26  any such regulation shall be published in the state bulletin. The notice
    27  of the promulgation of any such regulation shall be published  at  least
    28  twenty days before the effective date of the regulation.
    29    §  696-i.  Savings  clause.  If  any  provision of this article or the
    30  application thereof to any person, employer, occupation or  circumstance
    31  is  held  invalid,  the  remainder of the article and the application of
    32  such provision to other  persons,  employees,  occupations,  or  circum-
    33  stances shall not be affected thereby.
    34    §  3.  This  act shall take effect on the ninetieth day after it shall
    35  have become a law.