Bill Text: NY S01800 | 2023-2024 | General Assembly | Introduced
Bill Title: Establishes the nail salon minimum standards council act; establishes the nail salon minimum standards council which shall investigate wages and standards within the nail salon industry and submit recommendations on minimum wages, regulations and standards for nail salon workers.
Spectrum: Partisan Bill (Democrat 25-0)
Status: (Introduced) 2024-01-03 - REFERRED TO LABOR [S01800 Detail]
Download: New_York-2023-S01800-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 1800 2023-2024 Regular Sessions IN SENATE January 17, 2023 ___________ Introduced by Sens. RAMOS, BRISPORT, CLEARE, COMRIE, GIANARIS, HOYLMAN- SIGAL, JACKSON, MAYER, MYRIE, RIVERA, SALAZAR, SEPULVEDA, THOMAS -- read twice and ordered printed, and when printed to be committed to the Committee on Labor AN ACT to amend the labor law and the state administrative procedure act, in relation to enacting the nail salon minimum standards council 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 "nail salon 2 minimum standards council act". 3 § 2. The labor law is amended by adding a new article 19-E to read as 4 follows: 5 ARTICLE 19-E 6 NAIL SALON MINIMUM STANDARDS COUNCIL ACT 7 Section 697. Statement of public policy. 8 697-a. Definitions. 9 697-b. Nail salon minimum standards council. 10 697-c. Minimum pricing committee. 11 697-d. Powers and duties of the council. 12 697-e. Powers and duties of the commissioner with respect to the 13 council. 14 697-f. Labor protections. 15 697-g. Future meetings. 16 697-h. Severability. 17 697-i. Preemption. 18 § 697. Statement of public policy. The legislature hereby finds and 19 declares that there are persons employed in the nail salon industry in 20 the state of New York at wages and standards insufficient to provide 21 adequate maintenance and adequate health protections for themselves and 22 their families. Such employment: impairs the health, efficiency, and EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01761-01-3S. 1800 2 1 well-being of such workers; constitutes unfair competition against other 2 employers and their workers; threatens the stability of the industry; 3 reduces the purchasing power of workers; and requires, in many 4 instances, that wages be supplemented by the payment of public moneys 5 for relief or other public and private assistance. Documented inappro- 6 priate working conditions include the following: exposure to known 7 carcinogens that have been found to cause cancer, asthma, and reproduc- 8 tive health issues for nail salon workers; long hours in poorly venti- 9 lated areas; unpredictable work schedules that adversely affect nail 10 salon workers' ability to act as caregivers to their dependents; 11 nonstandard procedures for obtaining certifications; inconsistent stand- 12 ards and criteria for work performed by trainees; and high rates of wage 13 theft. The current system of relying exclusively on individual 14 complaints to the department has not been effective at creating indus- 15 try-wide compliance with regulations now in effect. Intense competition 16 on price has driven down standards to the detriment of workers, consum- 17 ers, and employers themselves. Data has shown that there is a strong 18 correlation between prices and wage violations: the lower the prices, 19 the higher the rates of wage violations that occur in nail salons. Due 20 to slim profit margins and intense industry competition, even small 21 businesses wishing to increase pay and improve working conditions are 22 unable to do so. It is imperative that such market conditions be 23 corrected and regulated by the state of New York. 24 The purpose of this article is to install a mechanism to raise indus- 25 try standards for nail salon workers, owners, and customers through a 26 participatory and accessible process and to set the foundation for a 27 thriving, stable, and sustainable nail salon industry in New York. 28 Accordingly, it is the declared policy of the state of New York that 29 inappropriate conditions be eliminated as rapidly as practicable without 30 substantially curtailing opportunities for employment or earning power. 31 To this end, the commissioner shall establish a nail salon minimum stan- 32 dards council pursuant to section six hundred ninety-seven-b of this 33 article, to investigate and recommend minimum wages and standards in the 34 nail salon industry, and the commissioner shall establish and implement 35 and maintain such wages and standards. Furthermore, the commissioner 36 shall convene an independent minimum pricing committee pursuant to 37 section six hundred ninety-seven-c of this article to determine a fair 38 minimum pricing model that will provide adequate maintenance for nail 39 salon workers and protect consumer and worker health and safety stand- 40 ards while maintaining business enterprise autonomy and a competitive 41 marketplace. 42 The commissioner and the nail salon minimum standards council estab- 43 lished pursuant to section six hundred ninety-seven-b of this article 44 shall have the power to investigate the wages and standards for workers 45 in the nail salon industry to ascertain whether the minimum wages and 46 standards established in accordance with the provisions of this article 47 are sufficient to provide adequate maintenance and adequate health 48 protections for nail salon workers, consumers, and the general public. 49 The legislature understands that provisions of this article may have 50 anti-competitive effects, and enacts this article with full knowledge of 51 its possible anti-competitive effects and with the specific intention 52 that all conduct authorized by this article receive immunity from feder- 53 al antitrust laws to the fullest extent possible. 54 § 697-a. Definitions. As used in this article: 1. "Council" means the 55 nail salon minimum standards council established pursuant to section six 56 hundred ninety-seven-b of this article.S. 1800 3 1 2. "Member" means a member of the nail salon minimum standards council 2 established pursuant to section six hundred ninety-seven-b of this arti- 3 cle. 4 3. "Standards" means any requirements applicable to nail salon work- 5 places for which the council may provide recommendations as per section 6 six hundred ninety-seven-d of this article. 7 4. "Nail salon" and "nail firm" mean an appearance enhancement busi- 8 ness which practices nail specialty, as that term is defined in section 9 four hundred of the general business law. 10 5. "Nail salon worker" means any person engaged in whole or in part in 11 the practice of nail specialty as defined in section four hundred of the 12 general business law. 13 6. "Nail salon employer" means an owner or operator of an appearance 14 enhancement business that specializes in the practice of nail specialty 15 as defined in section four hundred of the general business law. 16 7. "Trainee" means a person who works as a trainee as defined in 17 section four hundred of the general business law. 18 8. "Delegate" means a non-voting member on the nail salon minimum 19 standards council established pursuant to section six hundred ninety- 20 seven-b of this article. 21 9. "Nominating representative" means a person or entity appointed by 22 the commissioner to nominate members of the council. 23 § 697-b. Nail salon minimum standards council. 1. (a) There is hereby 24 established the nail salon minimum standards council, which shall 25 consist of fifteen voting members plus six non-voting delegate members. 26 The voting members shall consist of six nail salon workers, six nail 27 salon employers, and three public representative members. Three of the 28 non-voting delegate members shall be nail salon worker delegates and the 29 other three non-voting delegate members shall be nail salon employer 30 delegates. The commissioner shall appoint the public representatives. 31 In addition, the commissioner shall appoint one nominating represen- 32 tative with a demonstrated history of representing the interests of 33 workers in New York state who shall nominate at least six worker members 34 and at least three non-voting delegate members to the council. The 35 commissioner shall also appoint one nominating representative with a 36 demonstrated history of representing the interests of nail salon employ- 37 ers who shall nominate at least six employer members and at least three 38 non-voting delegate members to the council. The public representatives 39 shall consist of the following: one member from the department; one 40 member from the department of health, with expertise in occupational 41 safety and health; and one member at the discretion of the commissioner. 42 The public representative members shall have no financial ties to the 43 nail salon industry, including campaign contributions within five years 44 of such representatives' appointment to the council, and shall not have 45 had complete or partial ownership of a nail salon at present or within 46 five years of such representatives' appointment to the council. No 47 public representative member shall have lobbied on behalf of nail salon 48 workers or nail salon employers within five years of such represen- 49 tative's appointment to the council. 50 (b) The commissioner shall appoint the nominating representative for 51 nail salon workers, the nominating representative for nail salon employ- 52 ers, and the three public representatives within sixty days of the 53 effective date of this article. 54 (c) Within sixty days of being appointed, the nominating represen- 55 tative for nail salon workers shall submit to the commissioner the names 56 of the nail salon workers and non-voting worker delegates to be consid-S. 1800 4 1 ered for appointment to the council. Within fifteen days of receipt of 2 these nominations, the commissioner shall consider the nominations and 3 appoint six nail salon worker members and three nail salon worker deleg- 4 ates. 5 (d) Of the six nail salon worker members: 6 (i) Four nail salon worker members shall be employed at the time of 7 appointment at nail salons located in the city of New York, one nail 8 salon worker member shall be employed at the time of appointment at a 9 nail salon located in Westchester county, Nassau county or Suffolk coun- 10 ty, and one nail salon worker member shall be employed at the time of 11 appointment at a nail salon in any county of the state except for the 12 city of New York, Westchester county, Nassau county or Suffolk county. 13 (ii) The nominating representative for nail salon workers shall 14 endeavor to nominate members who reflect the demographic and cultural 15 background of the population of nail salon workers in the counties in 16 which they work and have language facility in one or more of the 17 languages specified in paragraph (b) of subdivision two of this section. 18 (iii) Preference shall be given to nail salon workers with significant 19 experience in the nail salon industry, as measured by time spent in the 20 industry. 21 (e) The three non-voting worker delegate members shall have demon- 22 strated experience in working directly with nail salon workers in areas 23 pertaining to or are organizations related to: 24 (i) labor relations; 25 (ii) occupational health and safety standards and compliance with 26 those standards; or 27 (iii) a community center focused on the nail salon industry and has a 28 membership that includes both workers and owners in New York. 29 (f) Within sixty days of being appointed, the nominating represen- 30 tative for nail salon employers shall submit to the commissioner the 31 names of nail salon employers and non-voting employer delegates. Within 32 fifteen days of receipt of these nominations, the commissioner shall 33 consider the nominations and appoint six nail salon employer members and 34 three nail salon employer delegates. 35 (g) Of the six nail salon employer members: 36 (i) Four nail salon employer members shall at the time of the appoint- 37 ment be nail salon employers at nail salons located in the city of New 38 York, one nail salon employer member shall at the time of the appoint- 39 ment be a nail salon employer at a nail salon located in Westchester 40 county, Nassau county or Suffolk county, and one nail salon employer 41 member shall at the time of appointment be a nail salon employer at a 42 nail salon in any county of the state except for the city of New York, 43 Westchester county, Nassau county or Suffolk county. 44 (ii) The nominating representative for nail salon employers shall 45 endeavor to nominate members who reflect the demographic and cultural 46 background of the population of nail salon employers in the counties in 47 which their nail salons operate and have language facility in one or 48 more of the languages specified in paragraph (b) of subdivision two of 49 this section. 50 (iii) Preference shall be given to nail salon employers that have a 51 higher than average minimum wage for their nail salon workers and that 52 do not have any judgments, injunctions, liens, or administrative orders 53 against them; no nail salon employer shall be appointed a member or a 54 delegate who has an unsatisfied judgment, lien, or administrative order 55 pending against them or an injunction in effect against them that arises 56 out of a violation of state labor laws or federal wage and hour laws.S. 1800 5 1 (h) The non-voting employer delegate members shall have demonstrated 2 experience in working directly with nail salon employers in areas 3 pertaining to: 4 (i) labor and government relations; 5 (ii) compliance and advocacy related to occupational health and safety 6 standards; or 7 (iii) general business practices and operations. 8 (i) Council members shall serve the full term for which they have been 9 appointed. A member who does not serve the full term for which they were 10 appointed shall be replaced by a new member by appointment of the 11 commissioner following the commissioner's receipt of nominations from 12 the nominating representative. Nominations shall be submitted to the 13 commissioner within thirty days of such vacancy arising. 14 (j) The public representative members shall be the chairpersons of the 15 council. The chairpersons shall conduct the meetings of the council, 16 take attendance at council meetings and act as the primary point persons 17 between the commissioner and the council. 18 (k) The council shall convene its first meeting within sixty days of 19 the date of appointment of the fifteen members. 20 (l) Members may submit to the department expenses incurred for travel 21 to and from council meetings and hearings for reimbursement. Members 22 shall also receive a per diem of one hundred twenty dollars for each day 23 of council meetings and hearings the member was in attendance. 24 2. (a) The commissioner shall establish and maintain an active website 25 explaining the role of the council, the members of the council, and 26 non-retaliation protections of this article within sixty days of the 27 effective date of this article. The website shall also include a current 28 list of dates and locations of council meetings and hearings. 29 (b) The website shall be accessible in at least each of the following 30 languages: Bengali, Burmese, Chinese, English, Haitian-Creole, Italian, 31 Korean, Nepali, Polish, Russian, Spanish, Tibetan, Khmer, and Viet- 32 namese. 33 § 697-c. Minimum pricing committee. 1. The commissioner shall estab- 34 lish an independent committee of the council which shall: examine profit 35 margins in the nail salon industry; evaluate New York's nail service 36 prices; and recommend a fair minimum pricing model for all nail industry 37 services to maintain adequate consumer and worker health and safety 38 standards while maintaining business enterprise autonomy and a compet- 39 itive marketplace. 40 2. (a) The committee established pursuant to subdivision one of this 41 section shall consist of three members: one recommended by the nominat- 42 ing representative for workers, one recommended by the nominating repre- 43 sentative for employers, and one selected by the commissioner. Each 44 member shall be from a different organization and shall have demon- 45 strated experience and expertise in economic research on the nail salon 46 industry in the state or on similar low-wage industries in the state. 47 At least fifteen days before final approval of the three committee 48 members, the commissioner shall apprise members and delegates of the 49 council of the individuals the commissioner is considering for appoint- 50 ment and forward to the members and delegates all of the materials 51 submitted by each individual under consideration in support of the 52 application. The commissioner shall provide the members and delegates of 53 the council an opportunity to submit comments on each individual under 54 consideration, and shall take account of such comments in making a final 55 decision. The commissioner shall approve the committee members within 56 ninety days of the effective date of this article.S. 1800 6 1 (b) The commissioner shall establish a member application which shall 2 ask, at a minimum, the following information of the applicant: (i) the 3 name, phone number, and email address of the applicant; (ii) the occupa- 4 tion and job title of the applicant; (iii) the firm name and address 5 which the applicant works for or is associated with; (iv) a description 6 of the applicant's experience and expertise in economic research on the 7 nail salon industry in the state or on similar low-wage industries in 8 the state; and (v) a list of research reports on topics relevant to the 9 tasks of the committee which were written by the applicant or for which 10 the applicant provided information. 11 (c) Delegate members of the council shall periodically participate in 12 committee meetings to help provide industry background information. The 13 non-voting members shall not have any role in the actual work and 14 report. 15 3. The committee shall hold its first meeting within thirty days of 16 appointment. The committee shall have the authority to collect informa- 17 tion through research and economic analysis and shall compile a report 18 making recommendations to the commissioner on a fair pricing model 19 sufficient to cover: (a) the remuneration required by law to be paid to 20 a nail specialty practitioner who administers nail services; (b) the 21 ordinary incidents of overhead costs incurred by a licensee at the 22 location in which the nail services are provided, including the cost of 23 rent, utilities, and supplies; (c) the costs associated with ensuring a 24 safe environment for workers and consumers; and (d) a reasonable return 25 on investment. The committee may recommend a pricing model that varies 26 by geographic area to account for variations in overhead costs in such 27 areas, provided that the price applied within such area shall be uniform 28 for all nail salons operating within such area. 29 4. The committee shall submit the report required pursuant to subdivi- 30 sion two of this section to the commissioner within one year of the 31 first meeting of the committee; provided however, that the committee has 32 duly and sufficiently considered all recommendations of the council 33 accepted by the commissioner pursuant to section six hundred ninety-sev- 34 en-e of this article prior to submitting the report. If the committee 35 requires more time to consider the recommendations of the council 36 accepted by the commissioner, the committee may submit a request for an 37 extension of the report for no more than ninety days. 38 5. The commissioner shall review the report submitted by the committee 39 and within thirty days of receipt thereof shall approve, reject, or 40 modify pricing model recommendations. Any modification to a minimum 41 pricing recommendation shall ensure a reasonable and sufficient rate of 42 pay and price for service to prevent wage theft and other violations of 43 federal and state wage laws and applicable regulations. 44 (a) If a recommendation is modified by the commissioner, the commis- 45 sioner shall issue an explanation for the modification which shall 46 state: (i) why the proposed recommendation by the committee is insuffi- 47 cient to meet the health, safety, and well-being of the industry and 48 workers; and (ii) why the modified recommendation provides businesses 49 with a reasonable return on investment while ensuring their ability to 50 meet wage requirements and other standards sufficient to provide 51 adequate maintenance for persons employed in the nail salon industry. 52 (b) If a recommendation is rejected by the commissioner, the memoran- 53 dum shall state: (i) why the proposed recommendation by the committee is 54 insufficient to meet the health, safety, and well-being of the industry 55 and its workers; and (ii) why modification of such recommendation was 56 not reasonably feasible.S. 1800 7 1 6. Any recommendation or modification thereof accepted by the commis- 2 sioner shall be published as a proposed regulation in the New York state 3 register for a period of thirty days, and the public shall be permitted 4 to submit comments on the matter to the commissioner during that period. 5 At the conclusion of that thirty-day period, the commissioner shall 6 either adopt the proposal as a final regulation, or publish in the New 7 York state register a revised proposed regulation. In the event the 8 commissioner publishes a revised proposed regulation, the public shall 9 be permitted to submit comments on the matter to the commissioner during 10 that period. Upon the commissioner's adoption of a final regulation, the 11 regulation shall have the force and effect of law. 12 7. A regulation adopted by the commissioner pursuant to this section 13 shall be effective thirty days following the commissioner's adoption of 14 a final regulation. 15 § 697-d. Powers and duties of the council. 1. In addition to the func- 16 tions, powers and duties otherwise provided by this article, the council 17 shall have the following powers and duties: 18 (a) to investigate the wages and standards for workers in the nail 19 salon industry to ascertain whether the minimum wages and standards 20 established in accordance with the provisions of this article are suffi- 21 cient to provide adequate maintenance and to protect the health of nail 22 salon workers, consumers, and the general public; 23 (b) to make recommendations to the commissioner on minimum wages, 24 regulations and minimum standards governing working conditions for nail 25 salon workers, and to make other recommendations to promote employer 26 compliance with minimum wages, regulations and minimum standards govern- 27 ing working conditions for nail salon workers. Such recommendations 28 shall take into consideration the minimum wage sufficient to provide 29 adequate maintenance and to protect the health and safety of nail salon 30 workers, the value of the work or classification of work performed by 31 nail salon workers, and the wages paid in the state for work of like or 32 comparable character; 33 (c) to consult with employers and workers in the nail salon industry 34 and with such other persons, including the commissioner and experts in 35 economics, health and labor standards, and other relevant fields; 36 (d) to collect information through hearings, testimonies, and written 37 submissions on the following subjects as they pertain to the nail salon 38 industry: 39 (i) the adequacy of minimum hourly wages, minimum weekly wages, and 40 piece rates in the three zones in section six hundred fifty-two of this 41 chapter; 42 (ii) gratuities; 43 (iii) minimum weekly hours, differentiated for part-time, full-time, 44 and trainee workers; 45 (iv) scheduling requirements and advance notice for schedule changes 46 (predictable scheduling); 47 (v) policies regarding sick days, holidays, and other related leaves 48 of absence; 49 (vi) policies regarding disciplinary actions and termination; 50 (vii) health and safety protections for consumers; 51 (viii) enforcement of anti-discrimination laws; 52 (ix) trainings, trainees, and certifications; 53 (x) job descriptions and duties; and 54 (xi) other employment benefits that may be necessary for the 55 protection of the health and safety of the workers.S. 1800 8 1 2. The council shall have the power, subject to the provisions of 2 section seventy-three of the civil rights law, to hold hearings, subpoe- 3 na witnesses, administer oaths, take testimony and compel the production 4 of books, papers, documents and other evidence in furtherance of its 5 duties; provided, however, that no subpoena shall issue except upon the 6 affirmative vote of a majority of the whole membership of the council. 7 The council may request and shall receive from all agencies such assist- 8 ance and data as will enable it to properly perform its powers and 9 duties pursuant to this section. 10 3. A quorum of at least three worker members, three employer members, 11 and three public representative members shall be required at each coun- 12 cil meeting and hearing. In the event that a member is not in attendance 13 for three consecutive meetings and/or hearings, such member's seat shall 14 be considered vacant and shall be replaced pursuant to paragraph (i) of 15 subdivision one of section six hundred ninety-seven-b of this article. 16 4. The council shall complete its duties and the chairpersons shall 17 submit the report required pursuant to this article to the commissioner 18 within one hundred eighty days of the first meeting of the council. The 19 report shall contain evidence, either from testimony or written 20 submissions, for the basis of each recommendation contained therein. 21 5. Each recommendation shall be voted and accepted by a majority vote 22 of the council at the final meeting of the council. Only the votes of 23 those in attendance shall be counted; provided, however, that all of the 24 votes of the worker members shall be counted as one vote (the majority 25 of the votes of the worker members in attendance shall be determinative 26 of that one vote), all of the votes of the employer members in attend- 27 ance shall be counted as one vote (the majority of the votes of the 28 employer members in attendance shall be determinative of that one vote), 29 and all of the votes of the public representative members in attendance 30 shall count as one vote (the majority of the votes of the public repre- 31 sentative members in attendance shall be determinative of that one 32 vote). However, if quorum cannot be achieved at the final meeting on the 33 first date scheduled by the council, then the council shall postpone the 34 meeting and set a second date for the final meeting which shall occur 35 within the next thirty days and if quorum cannot be achieved by the 36 second date scheduled by the council, the members in attendance shall 37 take a vote on each of the recommendations and provide an opportunity 38 for remaining members to vote via electronic mail to the three public 39 representatives within forty-eight hours. 40 6. The council shall hold at least four hearings, at least two of 41 which shall take place in the city of New York, and one in each of the 42 other two regions as described in section six hundred ninety-seven-b of 43 this article. The council shall provide notice of each hearing at least 44 four weeks prior to such hearing. Such notice shall be provided through 45 a means which shall be determined before each hearing and shall disclose 46 the time, place, and format of the hearing; provided, however, that each 47 hearing shall be scheduled, to the best extent practicable, at a time 48 convenient for workers and owners of nail salons and the council. 49 7. Members of the council may bring individuals serving in the capaci- 50 ty of interpreter to council meetings, or they may request that the 51 department provide them with an interpreter for meetings and hearings. 52 Member requests that an interpreter of a certain language be available 53 for a hearing shall be made no less than one week prior to the hearing 54 and the department shall provide such interpretation services for all 55 members making such requests.S. 1800 9 1 § 697-e. Powers and duties of the commissioner with respect to the 2 council. In addition to the functions, powers and duties otherwise 3 provided by this article, and notwithstanding any other provisions of 4 law, the commissioner shall: 5 1. promulgate rules and regulations governing the manner in which the 6 council shall function and perform its duties under this article, 7 including procedures to be followed by the committee, to ensure that the 8 actions of the council are consistent with the goals as described in the 9 statement of public policy; 10 2. furnish the council and the committee with adequate legal, steno- 11 graphic, clerical, linguistic, and other assistance as deemed needed, 12 including, but not limited to, administrative resources and meeting 13 facilitators; 14 3. submit data which is available to the commissioner to the council 15 on the matters within the scope of the powers and duties of the council; 16 4. provide translation of all documents and forms used by or issued to 17 members of the council. Such translation shall be made available in the 18 languages as requested by worker and employer representatives. The 19 commissioner shall direct the department to provide interpretation 20 services to members and hearing attendees at all council meetings and 21 hearings; 22 5. review the report and recommendations submitted by the council and, 23 upon review, approve or reject each recommendation. If a recommendation 24 is rejected by the commissioner, the council shall not be precluded in 25 considering the same recommendation when the council reconvenes for 26 future meetings; 27 6. submit a written memorandum to the council and the legislature 28 within thirty days of receipt of the report submitted by the council. 29 Such memorandum shall explain the final action regarding each recommen- 30 dation included in the report, including an explanation and reason for 31 the rejection of any recommendations; 32 7. publish any recommendation accepted by the commissioner as a 33 proposed regulation in the New York state register for a period of thir- 34 ty days, and the public shall be permitted to submit comments on the 35 matter to the commissioner during that period. At the conclusion of the 36 thirty-day period, the commissioner shall either adopt the proposal as a 37 final regulation or reject it. In the event the commissioner rejects the 38 proposed regulation, the commissioner shall state the reasons for the 39 rejection, and such rejection of the proposed regulation shall not 40 preclude the council from considering the same recommendation when the 41 council reconvenes for future meetings. Upon the commissioner's adoption 42 of a final regulation, the regulation shall have the force and effect of 43 law; and 44 8. promote compliance with the minimum standards as adopted by the 45 commissioner pursuant to this section by: (a) issuing to the secretary 46 of state a quarterly report on any nail salon business determined to be 47 liable in a civil, criminal, or administrative action involving egre- 48 gious or repeated noncompliance with the minimum standards adopted by 49 the commissioner which shall include the name of the business and speci- 50 fy the violation or violations, the dates of occurrence, and any fines, 51 penalties, and judgments rendered; and (b) publishing such report on the 52 website described in paragraph (a) of subdivision two of section six 53 hundred ninety-seven-b of this article. 54 § 697-f. Labor protections. 1. No nail salon owner or manager shall 55 discharge or in any manner discriminate or retaliate against any nail 56 salon worker because: (a) the worker has made any complaint or disclosedS. 1800 10 1 any information to the council regarding working conditions, health 2 measures, or rates of pay; (b) the worker has testified or submitted 3 testimony at a hearing sponsored by the council; (c) the worker has 4 participated as a worker representative on the council or applied to be 5 a worker representative; or (d) the employer believes that the worker 6 has made a complaint to his or her employer, the commissioner or his or 7 her authorized representative, or the attorney general. 8 2. Any nail salon worker discharged or otherwise discriminated or 9 retaliated against in the terms and conditions of employment in 10 violation of subdivision one of this section shall be entitled to rein- 11 statement, triple any lost wages and work benefits caused by such 12 violation, and any reasonably incurred attorneys' fees and costs in 13 accordance with section two hundred fifteen of this chapter. 14 § 697-g. Future meetings. The council shall reconvene no later than 15 two years after the implementation of the council's last recommenda- 16 tions. Three months prior to such meeting, the commissioner shall 17 contact the current members, who shall attest to any changes in their 18 employment or ownership status at nail salons. If a member of the coun- 19 cil steps down, the commissioner shall appoint new members to the coun- 20 cil chosen by the nominating representatives of the nail salon workers 21 or nail salon employers in accordance with the provisions of section six 22 hundred ninety-seven-b of this article. 23 § 697-h. Severability. If any section of this article or the applica- 24 tion thereof to any person or circumstances shall be adjudged invalid by 25 a court of competent jurisdiction, such order or judgment shall be 26 confined in its operation to the controversy in which it was rendered, 27 and shall not affect or invalidate the remainder of any provision of any 28 section or the application of any part thereof to any other person or 29 circumstance and to this end the provisions of each section of the arti- 30 cle are hereby declared to be severable. 31 § 697-i. Preemption. This law shall not preempt any state or local 32 enactment which provides greater benefits or protections to a covered 33 worker. 34 § 3. Subparagraph (xiv) of paragraph b of subdivision 2 of section 102 35 of the state administrative procedure act, as added by chapter 493 of 36 the laws of 2010, is amended and a new subparagraph (xv) is added to 37 read as follows: 38 (xiv) any regulation comprised solely of one or more additions to the 39 list of nonprescription drugs reimbursable under the medicaid program 40 pursuant to paragraph (a) of subdivision four of section three hundred 41 sixty-five-a of the social services law[.]; or 42 (xv) any regulation promulgated by the commissioner of labor in 43 accordance with article nineteen-E of the labor law. 44 § 4. This act shall take effect immediately.
