S T A T E O F N E W Y O R K ________________________________________________________________________ 4160 2015-2016 Regular Sessions I N S E N A T E March 3, 2015 ___________ Introduced by Sen. PANEPINTO -- read twice and ordered printed, and when printed to be committed to the Committee on Labor AN ACT to amend the labor law, in relation to establishing the make a living wage certification program THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. This act shall be known any may be cited as the "make a 2 living wage act". 3 S 2. The labor law is amended by adding a new article 19-D to read as 4 follows: 5 ARTICLE 19-D 6 MAKE A LIVING WAGE CERTIFICATION PROGRAM 7 SECTION 696. MAKE A LIVING WAGE CERTIFICATION BOARD. 8 696-A. COUNTY LIVING WAGE STANDARD. 9 696-B. CERTIFICATION OF BUSINESSES. 10 696-C. APPLICATION PROCEDURES AND FEE. 11 S 696. MAKE A LIVING WAGE CERTIFICATION BOARD. 1. THE COMMISSIONER 12 SHALL ESTABLISH A BOARD TO ADMINISTER THE PROVISIONS OF THIS ARTICLE. 13 SUCH BOARD SHALL BE KNOWN AS THE "MAKE A LIVING WAGE CERTIFICATION 14 BOARD" AND SHALL CONSIST OF FIVE MEMBERS ONE OF EACH OF WHOM SHALL BE 15 APPOINTED BY THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, THE 16 MINORITY LEADER OF THE SENATE, THE SPEAKER OF THE ASSEMBLY AND THE 17 MINORITY LEADER OF THE ASSEMBLY. THE BOARD SHALL HAVE THE POWER TO TAKE 18 SUCH ACTIONS AS IT DEEMS NECESSARY AND PROPER TO EFFECTUATE THE 19 PROVISIONS OF THIS ARTICLE. 20 S 696-A. COUNTY LIVING WAGE STANDARD. THE BOARD ESTABLISHED PURSUANT 21 TO SECTION SIX HUNDRED NINETY-SIX OF THIS ARTICLE SHALL ANNUALLY ESTAB- 22 LISH, NO LATER THAN THE FINAL DAY OF MARCH OF EACH YEAR, A LIVING WAGE 23 STANDARD FOR EACH COUNTY IN NEW YORK STATE. 24 1. SUCH LIVING WAGE STANDARD FOR EACH COUNTY IN THE STATE, EXCEPT 25 THOSE COUNTIES SET OUT IN SUBDIVISION TWO OF THIS SECTION SHALL BE EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08749-05-5 S. 4160 2 1 CALCULATED BY AVERAGING THE FAIR MARKET RENT PRICE FOR A ONE-BEDROOM 2 UNIT, AS DETERMINED BY THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, 3 OVER THE PREVIOUS FOUR YEARS AND THEN DIVIDING SUCH FIGURE BY THIRTY 4 PERCENT AND THEN MULTIPLYING SUCH FIGURE BY TWELVE AND THEN DIVIDING 5 SUCH FIGURE BY TWO THOUSAND EIGHTY. 6 2. THE LIVING WAGE STANDARD FOR THE COUNTIES OF BRONX, DUTCHESS, 7 KINGS, NASSAU, NEW YORK, ORANGE, PUTNAM, QUEENS, RICHMOND, ROCKLAND, 8 SUFFOLK, AND WESTCHESTER SHALL BE CALCULATED BY AVERAGING THE FAIR 9 MARKET PRICE FOR A ONE-BEDROOM UNIT, AS DETERMINED BY THE DEPARTMENT OF 10 HOUSING AND URBAN DEVELOPMENT, OVER THE PREVIOUS FOUR YEARS AND THEN 11 DIVIDING SUCH FIGURE BY THIRTY-FIVE PERCENT AND THEN MULTIPLYING SUCH 12 FIGURE BY TWELVE AND THEN DIVIDING SUCH FIGURE BY TWO THOUSAND EIGHTY. 13 THE RESULTING FIGURE SHALL, IN TERMS OF DOLLARS, BE ROUNDED TO THE 14 NEAREST NICKEL AND SHALL CONSTITUTE A COUNTY'S LIVING WAGE PER HOUR OF 15 WORK PERFORMED. THE BOARD MAY, IN ITS DISCRETION, ADJUST A COUNTY'S 16 LIVING WAGE STANDARD DOWNWARD IF THE FORMULA ESTABLISHED BY THIS SECTION 17 YIELDS A GREATER THAN TWO PERCENT INCREASE OVER THE PREVIOUS YEAR'S 18 LIVING WAGE STANDARD. 19 S 696-B. CERTIFICATION OF BUSINESSES. 1. A BUSINESS IN A COUNTY THAT 20 ELECTS TO PAY THE LIVING WAGE STANDARD ESTABLISHED PURSUANT TO SECTION 21 SIX HUNDRED NINETY-SIX-A OF THIS ARTICLE SHALL BE CERTIFIED AS A "MAKE A 22 LIVING NEW YORK BUSINESS" IF SUCH BUSINESS PAYS ALL EMPLOYEES, AS 23 DEFINED IN SECTION SIX HUNDRED FIFTY-ONE OF THIS CHAPTER, AN HOURLY WAGE 24 GREATER THAN OR EQUAL TO SUCH LIVING WAGE STANDARD IN THE COUNTY IN 25 WHICH THE PLACE OF EMPLOYMENT OF SUCH EMPLOYEES IS LOCATED, PROVIDED, 26 HOWEVER, THAT FOR THE PURPOSES OF THIS ARTICLE, EXCEPTIONS TO THE DEFI- 27 NITION OF AN EMPLOYEE SHALL INCLUDE MINORS, INTERNS, INDIVIDUALS 28 EMPLOYED ON A TEMPORARY BASIS OR INDIVIDUALS EMPLOYED DURING A PROBA- 29 TIONARY PERIOD OF NO MORE THAN NINETY DAYS. 30 A MUNICIPALITY MAY ADOPT A LIVING WAGE STANDARD IN EXCESS OF THE 31 LIVING WAGE STANDARD ESTABLISHED FOR A COUNTY IN ACCORDANCE WITH SECTION 32 SIX HUNDRED NINETY-SIX-A OF THIS ARTICLE. CERTIFICATION AS A "MAKE A 33 LIVING NEW YORK BUSINESS" SHALL THEN BE CONTINGENT ON A BUSINESS PAYING 34 EMPLOYEES THE WAGE ADOPTED BY SUCH MUNICIPALITY. BUSINESSES SHALL 35 SUBMIT SUCH PROOF AS MAY BE DEEMED NECESSARY BY THE BOARD ESTABLISHED 36 PURSUANT TO SECTION SIX HUNDRED NINETY-SIX OF THIS ARTICLE TO ENSURE 37 COMPLIANCE WITH THIS ARTICLE. 38 2. A BUSINESS SHALL SPECIFY THE TOTAL NUMBER OF INDIVIDUALS IT EMPLOYS 39 AND THE NUMBER OF SUCH EMPLOYED INDIVIDUALS WHO DO NOT MEET THE DEFI- 40 NITION OF AN EMPLOYEE AS USED IN THIS ARTICLE. IF SUCH LATTER EMPLOYED 41 INDIVIDUALS CONSTITUTE A MAJORITY OF A BUSINESS'S WORKFORCE, SUCH BUSI- 42 NESS SHALL BE INELIGIBLE FOR CERTIFICATION UNDER THIS ARTICLE. 43 3. A BUSINESS THAT OFFERS EMPLOYER-PROVIDED HEALTH INSURANCE THAT 44 COVERS AT LEAST FIFTY PERCENT OF AN EMPLOYEE'S HEALTH INSURANCE COSTS 45 MAY, IN CONSIDERATION THEREOF, PAY EMPLOYEES ACCEPTING SUCH COVERAGE TEN 46 PERCENT LESS THAN THE LIVING WAGE THAT WOULD OTHERWISE APPLY. 47 4. A BUSINESS THAT GRANTS EMPLOYEE BENEFITS RELATING TO HOUSING, 48 TRANSPORTATION OR FOOD COSTS MAY, IN CONSIDERATION THEREOF AND UPON 49 APPROVAL BY A MAJORITY VOTE OF THE BOARD ESTABLISHED PURSUANT TO SECTION 50 SIX HUNDRED NINETY-SIX OF THIS ARTICLE, REDUCE THE LIVING WAGE STANDARD 51 THAT WOULD OTHERWISE APPLY IN AN AMOUNT DETERMINED BY SUCH BOARD. 52 S 696-C. APPLICATION PROCEDURES AND FEE. 1. THE COMMISSIONER SHALL 53 ESTABLISH A WEB PAGE THROUGH WHICH A BUSINESS SHALL APPLY FOR CERTIF- 54 ICATION PURSUANT TO SECTION SIX HUNDRED NINETY-SIX-B OF THIS ARTICLE. ON 55 A SEPARATE WEB PAGE THE COMMISSIONER SHALL LIST, BY COUNTY, ALL BUSI- 56 NESSES CERTIFIED PURSUANT TO THIS ARTICLE. S. 4160 3 1 2. THE FEE FOR AN APPLICATION FOR CERTIFICATION SHALL BE AS FOLLOWS: 2 (A) FOR NON-PROFITMAKING INSTITUTIONS, AS DEFINED IN SECTION SIX 3 HUNDRED FIFTY-ONE OF THIS CHAPTER: ZERO DOLLARS; 4 (B) FOR EMPLOYERS EMPLOYING TEN OR FEWER EMPLOYEES: FIFTY DOLLARS; 5 (C) FOR EMPLOYERS EMPLOYING ELEVEN TO TWENTY-FIVE EMPLOYEES: ONE 6 HUNDRED DOLLARS; 7 (D) FOR EMPLOYERS EMPLOYING TWENTY-SIX TO FORTY-NINE EMPLOYEES: TWO 8 HUNDRED DOLLARS; AND 9 (E) FOR EMPLOYERS EMPLOYING FIFTY OR MORE EMPLOYEES: TWO HUNDRED FIFTY 10 DOLLARS. 11 3. A BUSINESS SHALL APPLY FOR RECERTIFICATION FOR THE SAME FEE EVERY 12 YEAR A COUNTY LIVING WAGE STANDARD CHANGES FROM THE PREVIOUS YEAR. 13 S 3. This act shall take effect on the first of January next succeed- 14 ing the date on which it shall have become a law.