senate Bill S6690A

2013-2014 Legislative Session

Relates to the definition of building service employee

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 30, 2014 print number 6690a
amend and recommit to labor
Feb 27, 2014 referred to labor

Bill Amendments

Original
A (Active)
Original
A (Active)

S6690 - Bill Details

See Assembly Version of this Bill:
A8699A
Current Committee:
Law Section:
Labor Law
Laws Affected:
Amd §230, Lab L

S6690 - Bill Texts

view summary

Relates to the definition of building service employee.

view sponsor memo
BILL NUMBER:S6690

TITLE OF BILL: An act to amend the labor law, in relation to the
definition of building service employee

PURPOSE:

To provide equal pay for custodian-helpers employed by the New York
City School Custodians who do the same work as those employed by
private companies.

SUMMARY OF PROVISIONS:

To amend the labor law by expanding the definition of building service
employee and contractor to § 230(1) and (4) of Article 9 of the New
York State Labor Law.

JUSTIFICATION:

This bill would correct a legal anomaly whereby custodian-helpers
employed by the New York City School Custodians are paid at a lower
wage than employees doing the same work for private companies. Passage
of this bill would correct this inequality and hold New York City
Public Schools accountable to New York's Prevailing Wage Law.

New York City Department of Education ("DOE") schools have two
mechanisms for providing custodial services. In the first system, the
DOE contracts with a private company for its custodial services. The
private company must pay its employees a prevailing wage under § 230
of Article 9 of the New York State Labor Law. Under the alternative,
referred to as the "indirect system," the DOE employs
custodian-engineers in accordance with civil service regulations, who
in turn employ helpers. The workers employed under the indirect system
receive approximately $7 per hour less, even though these employees
perform the same exact work as their counterparts that work for a
private company providing the same services to the DOE. This bill
would provide parity for all custodial-helpers at DOE facilities.

LEGISLATIVE HISTORY:

This is a new bill in the Senate.

FISCAL IMPACT ON THE STATE:

None.

EFFECTIVE DATE:

This act shall take effect immediately.

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

                                  6690

                            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
  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 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.
                                                           LBD13835-01-4

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.

Co-Sponsors

S6690A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A8699A
Current Committee:
Law Section:
Labor Law
Laws Affected:
Amd §230, Lab L

S6690A (ACTIVE) - Bill Texts

view summary

Relates to the definition of building service employee.

view sponsor memo
BILL NUMBER:S6690A

TITLE OF BILL: An act to amend the labor law, in relation to the
definition of building service employee

PURPOSE: To provide equal pay for custodian-helpers employed by the
New York City School Custodians who do the same work as those employed
by private companies.

SUMMARY OF PROVISIONS: To amend the labor law by expanding the
definition of building service employee and contractor to § 230(1) and
(4) of Article 9 of the New York State Labor Law.

JUSTIFICATION: This bill would correct a legal anomaly whereby
custodian-helpers employed by the New York City School Custodians are
paid at a lower wage than employees doing the same work for private
companies. Passage of this bill would correct this inequality and
hold New York City Public Schools accountable to New York's Prevailing
Wage Law.

New York City Department of Education ("DOE") schools have two
mechanisms for providing custodial services. In the first system, the
DOE contracts with a private company for its custodial services. The
private company must pay its employees a prevailing wage under § 230
of Article 9 of the New York State Labor Law. Under the alternative,
referred to as the "indirect system," the DOE employs
custodian-engineers in accordance with civil service regulations, who
in turn employ helpers. The workers employed under the indirect system
receive approximately $7 per hour less, even though these employees
perform the same exact work as their counterparts that work for a
private company providing the same services to the DOE. This bill
would provide parity for all custodial-helpers at DOE facilities.

LEGISLATIVE HISTORY: This is a new bill in the Senate.

FISCAL IMPACT ON THE STATE: None.

EFFECTIVE DATE: This act shall take effect immediately.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 6690--A

                            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  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

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
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,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13835-02-4

S. 6690--A                          2

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.

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