S T A T E O F N E W Y O R K
I N S E N A T E
February 27, 2014
Introduced by Sen. SAVINO -- 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 the definition of building
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivisions 1 and 4 of section 230 of the labor law,
subdivision 1 as amended by chapter 542 of the laws of 1984, and subdi-
vision 4 as amended by chapter 678 of the laws of 2007, are amended to
read as follows:
1. "Building service employee" or "employee" means any person perform-
ing work in connection with the care or maintenance of an existing
building, or in connection with the transportation of office furniture
or equipment to or from such building, or in connection with the trans-
portation and delivery of fossil fuel to such building, for a contractor
under a contract with a public agency OR UNDER A CONTRACT WITH A CUSTO-
DIAN-ENGINEER, OR HIS/HER REPRESENTATIVE, EMPLOYED BY THE NEW YORK CITY
DEPARTMENT OF EDUCATION which is in excess of one thousand five hundred
dollars and the principal purpose of which is to furnish services
through the use of building service employees.
"Building service employee" or "employee" includes, but is not limit-
ed, to, watchman, guard, doorman, building cleaner, porter, handyman,
janitor, gardener, groundskeeper, stationary fireman, elevator operator
and starter, window cleaner, and occupations relating to the collection
of garbage or refuse, and to the transportation of office furniture and
equipment, and to the transportation and delivery of fossil fuel but
does not include clerical, sales, professional, technician and related
occupations. "BUILDING SERVICE EMPLOYEE" ALSO INCLUDES, BUT IS NOT
LIMITED TO CUSTODIAN EMPLOYEES EMPLOYED AS ENGINEERS, STATIONARY ENGI-
NEERS, FIREMEN, FIREMEN-CLEANERS, BOILER ROOM MAINTENANCE MEN, CUSTODI-
AN-HELPERS OR COAL PASSERS AT THE NEW YORK CITY DEPARTMENT OF EDUCATION.
"Building service employee" or "employee" also does not include any
employee to whom the provisions of articles eight and eight-a of this
chapter are applicable.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
S. 6690 2
4. "Contractor" means any employer who employs employees to perform
building service work under a contract with a public agency and shall
include any of the contractor's subcontractors. CONTRACTOR SHALL
INCLUDE BUT IS NOT LIMITED TO CUSTODIAN-ENGINEERS EMPLOYED BY THE NEW
YORK CITY DEPARTMENT OF EDUCATION.
S 2. This act shall take effect immediately.