S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   282

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by M. of A. ROZIC, COOK, GOTTFRIED, MOSLEY, WRIGHT -- Multi-
  Sponsored by -- M. of A. GLICK, PERRY, RIVERA, STECK -- read once  and
  referred to the Committee on Labor

AN ACT to amend the labor law, in relation to the definition of building
  service employee

  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 OR  COLLECTIVE
BARGAINING  AGREEMENT  WITH  A  CUSTODIAN-ENGINEER, OR HIS/HER REPRESEN-
TATIVE, 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD01730-01-5

A. 282                              2

LIMITED TO CUSTODIAN EMPLOYEES EMPLOYED AS ENGINEERS,  STATIONARY  ENGI-
NEERS,  FIREMEN, FIREMEN-CLEANERS, BOILER ROOM MAINTENANCE MEN, CUSTODI-
AN-HELPERS, COAL PASSERS, WATCHMEN, GUARDS, BUILDING CLEANERS, HANDYMEN,
STATIONARY  FIREMEN,  OR WINDOW CLEANERS 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] EIGHT-A
of this chapter are applicable.
  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.  FOR THE LIMITED PURPOSE
OF CONTRACTS OR COLLECTIVE BARGAINING AGREEMENTS BETWEEN THE  BARGAINING
REPRESENTATIVE  OF  A  BUILDING SERVICE EMPLOYEE AND CUSTODIAN-ENGINEER,
CONTRACTOR SHALL INCLUDE CUSTODIAN-ENGINEERS EMPLOYED BY  THE  NEW  YORK
CITY DEPARTMENT OF EDUCATION.
  S 2. This act shall take effect immediately.