Bill Text: NY S07159 | 2015-2016 | General Assembly | Introduced

---

Bill Title: Relates to home care worker wage parity.

Spectrum: Committee Bill

Status: (Passed) 2016-04-04 - SIGNED CHAP.56 [S07159 Detail]

Download: New_York-2015-S07159-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________
                                          7159
                    IN SENATE
                                      April 1, 2016
                                       ___________
        Introduced  by  BUDGET  BILL -- read twice and ordered printed, and when
          printed to be committed to the Committee on Finance
        AN ACT to amend the public health law, in relation to home  care  worker
          wage parity
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1.   Section 3614-c of the public  health  law,  as  added  by
     2  section  33  of  part H of chapter 59 of the laws of 2011, is amended to
     3  read as follows:
     4    § 3614-c. Home care worker wage parity. 1. As used  in  this  section,
     5  the following terms shall have the following meaning:
     6    (a)  "Living  wage  law"  means  any law enacted by Nassau, Suffolk or
     7  Westchester county or a city with a population of one  million  or  more
     8  which  establishes  a minimum wage for some or all employees who perform
     9  work on contracts with such county or city.
    10    (b) "Total compensation" means all wages and other direct compensation
    11  paid to or provided on behalf of the employee including, but not limited
    12  to, wages, health, education or pension benefits, supplements in lieu of
    13  benefits and compensated time off,  except  that  it  does  not  include
    14  employer  taxes  or employer portion of payments for statutory benefits,
    15  including but not limited to FICA,  disability  insurance,  unemployment
    16  insurance and workers' compensation.
    17    (c)  "Prevailing  rate of total compensation" means the average hourly
    18  amount of total compensation paid to all  home  care  aides  covered  by
    19  whatever  collectively bargained agreement covers the greatest number of
    20  home care aides in a city with a population of one million or more.  For
    21  purposes  of  this  definition, any set of collectively bargained agree-
    22  ments in such city with substantially  the  same  terms  and  conditions
    23  relating  to  total compensation shall be considered as a single collec-
    24  tively bargained agreement.
    25    (d) "Home care aide" means a home health  aide,  personal  care  aide,
    26  home  attendant  or  other  licensed  or unlicensed person whose primary
    27  responsibility includes the provision of in-home assistance with  activ-
    28  ities  of  daily  living,  instrumental  activities  of  daily living or
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14888-01-6