Bill Text: NY S06451 | 2017-2018 | General Assembly | Amended
Bill Title: Requires that every subcontracted transportation center service worker shall be compensated at a rate that is no less than the applicable standard rate for subcontracted transportation center service workers.
Spectrum: Partisan Bill (Democrat 23-0)
Status: (Introduced - Dead) 2018-01-04 - PRINT NUMBER 6451A [S06451 Detail]
Download: New_York-2017-S06451-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 6451--A 2017-2018 Regular Sessions IN SENATE May 22, 2017 ___________ Introduced by Sens. PERSAUD, ADDABBO, ALCANTARA, AVELLA, BAILEY, BENJA- MIN, BROOKS, CARLUCCI, COMRIE, GIANARIS, HAMILTON, HOYLMAN, KAMINSKY, KENNEDY, KLEIN, KRUEGER, MONTGOMERY, PARKER, PERALTA, RIVERA, SAVINO, SERRANO, STAVISKY -- read twice and ordered printed, and when printed to be committed to the Committee on Labor -- recommitted to the Committee on Labor in accordance with Senate Rule 6, sec. 8 -- commit- tee discharged, bill amended, ordered reprinted as amended and recom- mitted to said committee AN ACT to amend the labor law, in relation to minimum wage rates for subcontracted transportation center workers The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The labor law is amended by adding a new article 19-D to 2 read as follows: 3 ARTICLE 19-D 4 MINIMUM WAGE RATES FOR SUBCONTRACTED TRANSPORTATION CENTER 5 SERVICE WORKERS 6 Section 696-a. Definitions. 7 696-b. Minimum wage rate for subcontracted transportation center 8 service workers. 9 696-c. Commissioner's power of investigation. 10 696-d. Records of employers. 11 696-e. Penalties; failure to pay minimum wage or overtime 12 compensation; failure to keep records. 13 696-f. Civil action. 14 696-g. Regulations. 15 696-h. Savings clause. 16 § 696-a. Definitions. As used in this article: 1. "Covered transporta- 17 tion center" means John F. Kennedy International Airport, LaGuardia 18 Airport, the Port Authority Bus Terminal, Pennsylvania Station and Grand 19 Central Station. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11625-04-7S. 6451--A 2 1 2. "Covered transportation center service provider" means any person 2 or entity that employs covered transportation center services employees 3 to provide one or more covered transportation center services under a 4 service contract or subcontract with a private entity at a covered 5 transportation center. 6 3. "Subcontracted transportation center service worker" means a worker 7 performing covered transportation center services for a covered trans- 8 portation center service provider. 9 4. "Covered transportation center services" means work performed at a 10 covered transportation center and includes: 11 a. Passenger related security services which includes escort services; 12 catering security; passenger aircraft, train or bus security; fireguard 13 services; terminal or station security; and traffic security. 14 b. Cargo related and ramp services which includes cargo screening 15 (including guards) and warehouse security; baggage and cargo handling; 16 load control and ramp communication; aircraft, train or bus mechanics 17 and fueling of aircraft, trains or buses; provision of water, 18 cooling/heating, power; equipment and toilet services to aircraft, 19 trains or buses; passenger aircraft, train or bus servicing; cabin 20 equipment maintenance; guiding aircraft, trains or buses in and out of 21 gates; gateside aircraft, train or bus maintenance; ramp area cleaning; 22 c. In-terminal and in-station and passenger handling services; baggage 23 handling skycap or redcap; wheelchair attendant; ticketing agent; 24 customer service representatives; queue managers and ID checkers; porter 25 service for baggage; passenger and employee shuttle drivers; 26 d. Cleaning services; building cleaning; aircraft, cabin, train or bus 27 cleaning; plane, train or bus washers; and 28 e. Concession services; food service (including, food and beverage 29 service, wait service, busing, cashiers); retail service (including 30 news/gifts and duty-free); cleaning for concession services; security 31 for concession services; airport, station or terminal lounge services 32 (food, retail, cleaning and security services); 33 f. Aircraft catering services; preparation, assembly and/or delivery 34 of food, beverages, provisions or other supplies for or to the aircraft 35 regardless of whether performed at a covered transportation center. 36 5. "Applicable standard rate for subcontracted passenger services" 37 shall mean the greater of: 38 a. The wage and benefit rates and paid time off minimums designated by 39 the commissioner based on the determinations made by the general 40 services administration pursuant to the federal "Service Contract Act of 41 1965" (41 U.S.C. § 351 et seq.), for the classification of "Guard I" for 42 the county of New York; or 43 b. The wage and benefit rates and paid time off minimums designated in 44 the prevailing wages schedule by the fiscal officer under section two 45 hundred thirty-one of this chapter applicable to unarmed security guards 46 performing services in the city of New York. 47 § 696-b. Minimum wage rate for subcontracted transportation center 48 service workers. 1. Every subcontracted transportation center service 49 worker shall be compensated at a rate that is no less than the applica- 50 ble standard rate for subcontracted transportation center service work- 51 ers. 52 2. Notwithstanding subdivision one of this section, the minimum wage 53 rate for a subcontracted transportation center service worker who is a 54 food service worker, a skycap or a redcap receiving tips shall be a cash 55 wage of at least two-thirds of the minimum wage rate set forth in subdi- 56 vision one of this section, rounded to the nearest five cents, providedS. 6451--A 3 1 that the tips of such an employee, when added to such cash wage, are 2 equal to or exceed the minimum wage rate for subcontracted transporta- 3 tion center service workers in effect pursuant to subdivision one of 4 this section. Tipped skycaps, redcaps, and food service workers shall 5 also receive the full amount of benefits and paid time off minimums as 6 provided under subdivision one of this section. 7 § 696-c. Commissioner's power of investigation. The commissioner or 8 his or her authorized representative shall have power: 9 1. to investigate the wages of persons employed by a covered transpor- 10 tation center service provider in the state; 11 2. to enter the place of business or employment of any employer for 12 the purpose of: 13 a. examining and inspecting any and all books, registers, payrolls and 14 other records that in any way relate to or have a bearing upon the wages 15 paid to, or the hours worked by any employees; and 16 b. ascertaining whether the provisions of this article and the orders 17 and regulations promulgated hereunder are being complied with. 18 3. to require from any employer full and correct statements and 19 reports in writing of the wages paid to and the hours worked by his or 20 her employees, at such times as the commissioner may deem necessary. 21 § 696-d. Records of employers. 1. For all employees covered by this 22 article, every employer shall establish, maintain, and preserve for not 23 less than six years contemporaneous, true, and accurate payroll records 24 showing for each week worked the hours worked, the rate or rates of pay 25 and basis thereof, whether paid by the hour, shift, day, week, salary, 26 piece, commission, or other basis; gross wages; deductions; allowances, 27 if any, claimed as part of the minimum wage; and net wages for each 28 employee, plus such other information as the commissioner deems material 29 and necessary. 30 3. For all employees who are not exempt from overtime compensation as 31 established in the commissioner's minimum wage orders or otherwise 32 provided by state law or regulation, the payroll records must include 33 the regular hourly rate or rates of pay, the overtime rate or rates of 34 pay, the number of regular hours worked, and the number of overtime 35 hours worked. 36 4. For all employees paid a piece rate, the payroll records shall 37 include the applicable piece rate or rates of pay and number of pieces 38 completed at each piece rate. 39 5. On demand, the employer shall furnish to the commissioner or his or 40 her duly authorized representative a sworn statement of the hours 41 worked, rate or rates of pay and basis thereof, whether paid by the 42 hour, shift, day, week, salary, piece, commission, or other basis; gross 43 wages; deductions; and allowances, if any, claimed as part of the mini- 44 mum wage, for each employee, plus such other information as the commis- 45 sioner deems material and necessary. 46 6. Every employer shall keep such records open to inspection by the 47 commissioner or his or her duly authorized representative at any reason- 48 able time. 49 7. Every employer of an employee shall keep a digest and summary of 50 this article or applicable wage order, which shall be prepared by the 51 commissioner, posted in a conspicuous place in his or her establishment 52 and shall also keep posted such additional copies of said digest and 53 summary as the commissioner prescribes. 54 8. Employers shall, on request, be furnished with copies of this arti- 55 cle and of orders, and of digests and summaries thereof, without charge.S. 6451--A 4 1 9. Employers shall permit the commissioner or his or her duly author- 2 ized representative to question without interference any employee of 3 such employer in a private location at the place of employment and 4 during working hours in respect to the wages paid to and the hours 5 worked by such employee or other employees. 6 § 696-e. Penalties; failure to pay minimum wage or overtime compen- 7 sation; failure to keep records. 1. Any employer or his or her agent, or 8 the officer or agent of any corporation, partnership, or limited liabil- 9 ity company, who pays or agrees to pay to any employee less than the 10 wage applicable under this article shall be guilty of a misdemeanor and 11 upon conviction therefor shall be fined not less than five hundred nor 12 more than twenty thousand dollars or imprisoned for not more than one 13 year, and, in the event that any second or subsequent offense occurs 14 within six years of the date of conviction for a prior offense, shall be 15 guilty of a felony for the second or subsequent offense, and upon 16 conviction therefor, shall be fined not less than five hundred nor more 17 than twenty thousand dollars or imprisoned for not more than one year 18 plus one day, or punished by both such fine and imprisonment, for each 19 such offense. Each payment to any employee in any week of less than the 20 wage applicable under this article shall constitute a separate offense. 21 2. Any employer or his or her agent, or the officer or agent of any 22 corporation, partnership, or limited liability company, who fails to 23 keep the records required under this article or to furnish such records 24 or any information required to be furnished under this article to the 25 commissioner or his or her authorized representative upon request, or 26 who hinders or delays the commissioner or his or her authorized repre- 27 sentative in the performance of his or her duties in the enforcement of 28 this article, or refuses to admit the commissioner or his or her author- 29 ized representative to any place of employment, or falsifies any such 30 records or refuses to make such records accessible to the commissioner 31 or his or her authorized representative, or refuses to furnish a sworn 32 statement of such records or any other information required for the 33 proper enforcement of this article to the commissioner or his or her 34 authorized representative, shall be guilty of a misdemeanor and upon 35 conviction therefor shall be fined not less than five hundred nor more 36 than five thousand dollars or imprisoned for not more than one year, 37 and, in the event that any second or subsequent offense occurs within 38 six years of the date of conviction for a prior offense, shall be guilty 39 of a felony for the second or subsequent offense, and upon conviction 40 therefor, shall be fined not less than five hundred nor more than twenty 41 thousand dollars or imprisoned for not more than one year plus one day, 42 or punished by both such fine and imprisonment, for each such offense. 43 Each day's failure to keep the records requested under this article or 44 to furnish such records or information to the commissioner or his or her 45 authorized representative shall constitute a separate offense. 46 § 696-f. Civil action. 1. If any employee is paid by his or her 47 employer less than the wage to which he or she is entitled under the 48 provisions of this article, he or she shall recover in a civil action 49 the amount of any such underpayments, together with all reasonable 50 attorney's fees, prejudgment interest as required under the civil prac- 51 tice law and rules, and unless the employer proves a good faith basis to 52 believe that its underpayment of wages was in compliance with the law, 53 an additional amount as liquidated damages equal to one hundred percent 54 of the total of such underpayments found to be due. Any agreement 55 between the employee, and the employer to work for less than such wage 56 shall be no defense to such action.S. 6451--A 5 1 2. On behalf of any employee paid less than the wage to which the 2 employee is entitled under the provisions of this article, the commis- 3 sioner may bring any legal action necessary, including administrative 4 action, to collect such claim, and the employer shall be required to pay 5 the full amount of the underpayment, plus costs, and unless the employer 6 proves a good faith basis to believe that its underpayment was in 7 compliance with the law, an additional amount as liquidated damages. 8 Liquidated damages shall be calculated by the commissioner as no more 9 than one hundred percent of the total amount of underpayments found to 10 be due the employee. In any action brought by the commissioner in a 11 court of competent jurisdiction, liquidated damages shall be calculated 12 as an amount equal to one hundred percent of underpayments found to be 13 due the employee. 14 3. Notwithstanding any other provision of law, an action to recover 15 upon a liability imposed by this article must be commenced within six 16 years. The statute of limitations shall be tolled from the date an 17 employee files a complaint with the commissioner or the commissioner 18 commences an investigation, whichever is earlier, until an order to 19 comply issued by the commissioner becomes final, or where the commis- 20 sioner does not issue an order, until the date on which the commissioner 21 notifies the complainant that the investigation has concluded. Investi- 22 gation by the commissioner shall not be a prerequisite to nor a bar 23 against a person bringing a civil action under this article. 24 4. In any civil action by an employee or by the commissioner, the 25 employee or commissioner shall have the right to collect attorneys' fees 26 and costs incurred in enforcing any court judgment. Any judgment or 27 court order awarding remedies under this section shall provide that if 28 any amounts remain unpaid upon the expiration of ninety days following 29 issuance of judgment, or ninety days after expiration of the time to 30 appeal and no appeal therefrom is then pending, whichever is later, the 31 total amount of judgment shall automatically increase by fifteen 32 percent. 33 § 696-g. Regulations. 1. The commissioner may promulgate such regu- 34 lations as he or she deems appropriate to carry out the purposes of this 35 article and to safeguard minimum wage standards. 36 2. Such regulations shall be promulgated by the commissioner after a 37 public hearing held after due notice. 38 3. A notice of the public hearing and a notice of the promulgation of 39 any such regulation shall be published in the state bulletin. The notice 40 of the promulgation of any such regulation shall be published at least 41 twenty days before the effective date of the regulation. 42 § 696-h. Savings clause. If any provision of this article or the 43 application thereof to any person, employer, occupation or circumstance 44 is held invalid, the remainder of the article and the application of 45 such provision to other persons, employees, occupations, or circum- 46 stances shall not be affected thereby. 47 § 2. This act shall take effect on the ninetieth day after it shall 48 have become a law.
