NY State Senate Bill 2015-S4160A

Archive: Last Bill Status - In Senate Committee Labor Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to labor
Nov 16, 2015	print number 4160a
Nov 16, 2015	amend (t) and recommit to labor
Mar 03, 2015	referred to labor

Bill Amendments

Original

A (Active)

2015-S4160 - Details

Current Committee:: Senate Labor
Law Section:: Labor Law
Laws Affected:: Add Art 19-D §§696 - 696-c, Lab L

2015-S4160 - Summary

Establishes the Make a Living Wage Recognition Program to recognize businesses who pay employees a living wage in counties having adopted such wage.

2015-S4160 - Sponsor Memo

                                BILL NUMBER:S4160

TITLE OF BILL:

An act to amend the labor law, in relation to establishing the make a
living wage certification program

PURPOSE OR GENERAL IDEA OF BILL:

To enact the make a living wage certification program that would allow
qualifying businesses to be certified as living wage employers in the
State of New York

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 states that this act shall be known and may be cited as the
"make a living wage act."

Section 2 amends the labor law by adding a new article 19-d to
establish the "Make A Living Wage Certification Program."

Section 3 sets the effective date

JUSTIFICATION:

In March of 2008, Just Economics WNC, a small non-profit in Western

North Carolina launched a Living Wage Employer Certification Program.
It sought to identify and promote local employers that paid a Living
Wage. It has succeeded in bringing in hundreds of businesses to be a
part of their Living Wage Employer Certification Program.

In New York State, the Tompkins County Workers Center has certified
nearly 100 employers through their own initiative to work with
businesses to raise wages. In January of 2015, the Council for
Economic Justice announced their own living wage employer
certification program to highlight businesses and non-profits in the
City of Buffalo and Western New York that are helping their workers to
make a living.

New York State has the opportunity to be the first state in the nation
to adopt a living wage employer certification program.

The Make a Living Wage Certification Program aims to reward employers
who are truly paying wages that help workers to make a living. It will
provide employers with tools and incentives to increase wages so that
workers can make a living wage. It will connect consumers with
employers that are providing wages that allow their employees to make
a living.

The program would do this by establishing a living wage standard in
every county. Local municipalities would also have the option to adopt
higher living wage standard than their respective county. For
employers, it is a fantastic way to inform consumers that they are
committed to a just and sustainable local economy. Consumers can know
that these businesses truly value their employees and in turn reward
them with their business.


This program also helps taxpayers by encouraging more businesses to
pay their workers a true living wages. When more New Yorkers can make
a living, it reduces the need for public assistance.

The Make A Living Wage Employer Certification Program uses the
Universal Living Wage Formula to calculate the living wage standard
for every county. It is based on the idea that a person who works
full-time (40 hours per week) should be able to afford a one bedroom
apartment along with other expenses.

The general consensus amongst economists is that no person should be
spending more than 30% to 35% of their gross income on housing.
According to the United States Department of Housing and Urban
Development(HUD), 30% of a person's gross income is the should be
spent on housing. The Universal Living Wage Formula is based on the
true local cost of housing using HUD's Fair Market Rents.

This formula is simple, represents local needs, and is easy to
calculate for individuals and employers. For the MTA region, the
formula uses 35% of a person's gross income for housing given the much
higher cost of housing within that area of the state. This formula
ties the wage rate to the true cost of housing because affordable
housing is a significant concern across New York State.

The Make A Living Wage Certification Program bases the living wage
standard off of a four year average of HUD's Fair Market Rents to
account for volatility. A four year average helps stabilize housing
market volatility while also being accurate to increases in the cost
of living.

This is how the standard would be calculated for a county using Erie
County as the example:

Fair Market Rent for One Bedroom Apartment

2015-$617
2014-$570
2013-$591
2012-$599

$2377/4=$594.25 (4 year average of Fair Market Rent)

$594.25/30%=Monthly Expenses

$1,980= Monthly Expenses

Monthly Expenses x 12 = Annual Expenses

$1,980 x 12= $23,789 (Annual Expenses)

$23,789(Annual Expenses)/ 2080 (40 hours a week for 52 weeks a year)=
Hourly Living Wage

$11.40 (Rounded to Nearest Nickel)= Hourly Living Wage

The Make A Living Wage Standard in each county can be reduced for an
employer if they offer quality health insurance coverage. It can be


further reduced if an employer offers other living benefits such as
food and transportation.

Living Wage Employer Certification has proven to be an effective and
innovative approach that promotes collaboration between workers and
employers to address income inequality. New York State should partner
with consumers and businesses in this new way to help more New Yorkers
truly be able to make a living for themselves and their families.

PRIOR LEGISLATIVE HISTORY:

This is a New Bill.

FISCAL IMPLICATIONS:

None for the State. The application fees for the program would provide
the funding.

EFFECTIVE DATE:

This act shall take effect on the first of January next succeeding the
date on which it shall have become a law.

2015-S4160 - Bill Text download pdf

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

                                  4160

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              March 3, 2015
                               ___________

Introduced by Sen. PANEPINTO -- 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 establishing the make a
  living wage certification program

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  This  act  shall be known any may be cited as the "make a
living wage act".
  S 2. The labor law is amended by adding a new article 19-D to read  as
follows:
                              ARTICLE 19-D
                MAKE A LIVING WAGE CERTIFICATION PROGRAM
SECTION 696.   MAKE A LIVING WAGE CERTIFICATION BOARD.
        696-A. COUNTY LIVING WAGE STANDARD.
        696-B. CERTIFICATION OF BUSINESSES.
        696-C. APPLICATION PROCEDURES AND FEE.
  S  696.  MAKE  A  LIVING WAGE CERTIFICATION BOARD. 1. THE COMMISSIONER
SHALL ESTABLISH A BOARD TO ADMINISTER THE PROVISIONS  OF  THIS  ARTICLE.
SUCH  BOARD  SHALL  BE  KNOWN  AS  THE "MAKE A LIVING WAGE CERTIFICATION
BOARD" AND SHALL CONSIST OF FIVE MEMBERS ONE OF EACH OF  WHOM  SHALL  BE
APPOINTED  BY  THE  GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, THE
MINORITY LEADER OF THE SENATE, THE  SPEAKER  OF  THE  ASSEMBLY  AND  THE
MINORITY  LEADER OF THE ASSEMBLY. THE BOARD SHALL HAVE THE POWER TO TAKE
SUCH ACTIONS  AS  IT  DEEMS  NECESSARY  AND  PROPER  TO  EFFECTUATE  THE
PROVISIONS OF THIS ARTICLE.
  S  696-A.  COUNTY LIVING WAGE STANDARD. THE BOARD ESTABLISHED PURSUANT
TO SECTION SIX HUNDRED NINETY-SIX OF THIS ARTICLE SHALL ANNUALLY  ESTAB-
LISH,  NO  LATER THAN THE FINAL DAY OF MARCH OF EACH YEAR, A LIVING WAGE
STANDARD FOR EACH COUNTY IN NEW YORK STATE.
  1. SUCH LIVING WAGE STANDARD FOR EACH  COUNTY  IN  THE  STATE,  EXCEPT
THOSE  COUNTIES  SET  OUT  IN  SUBDIVISION  TWO OF THIS SECTION SHALL BE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08749-05-5

S. 4160                             2

CALCULATED BY AVERAGING THE FAIR MARKET RENT  PRICE  FOR  A  ONE-BEDROOM
UNIT,  AS DETERMINED BY THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT,
OVER THE PREVIOUS FOUR YEARS AND THEN DIVIDING  SUCH  FIGURE  BY  THIRTY
PERCENT  AND  THEN  MULTIPLYING  SUCH FIGURE BY TWELVE AND THEN DIVIDING
SUCH FIGURE BY TWO THOUSAND EIGHTY.
  2. THE LIVING WAGE STANDARD  FOR  THE  COUNTIES  OF  BRONX,  DUTCHESS,
KINGS,  NASSAU,  NEW  YORK,  ORANGE, PUTNAM, QUEENS, RICHMOND, ROCKLAND,
SUFFOLK, AND WESTCHESTER SHALL  BE  CALCULATED  BY  AVERAGING  THE  FAIR
MARKET  PRICE FOR A ONE-BEDROOM UNIT, AS DETERMINED BY THE DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT, OVER THE PREVIOUS  FOUR  YEARS  AND  THEN
DIVIDING  SUCH  FIGURE  BY THIRTY-FIVE PERCENT AND THEN MULTIPLYING SUCH
FIGURE BY TWELVE AND THEN DIVIDING SUCH FIGURE BY TWO THOUSAND EIGHTY.
  THE RESULTING FIGURE SHALL, IN TERMS OF DOLLARS,  BE  ROUNDED  TO  THE
NEAREST  NICKEL  AND SHALL CONSTITUTE A COUNTY'S LIVING WAGE PER HOUR OF
WORK PERFORMED. THE BOARD MAY, IN  ITS  DISCRETION,  ADJUST  A  COUNTY'S
LIVING WAGE STANDARD DOWNWARD IF THE FORMULA ESTABLISHED BY THIS SECTION
YIELDS  A  GREATER  THAN  TWO  PERCENT INCREASE OVER THE PREVIOUS YEAR'S
LIVING WAGE STANDARD.
  S 696-B. CERTIFICATION OF BUSINESSES. 1. A BUSINESS IN A  COUNTY  THAT
ELECTS  TO  PAY THE LIVING WAGE STANDARD ESTABLISHED PURSUANT TO SECTION
SIX HUNDRED NINETY-SIX-A OF THIS ARTICLE SHALL BE CERTIFIED AS A "MAKE A
LIVING NEW YORK BUSINESS"  IF  SUCH  BUSINESS  PAYS  ALL  EMPLOYEES,  AS
DEFINED IN SECTION SIX HUNDRED FIFTY-ONE OF THIS CHAPTER, AN HOURLY WAGE
GREATER  THAN  OR  EQUAL  TO  SUCH LIVING WAGE STANDARD IN THE COUNTY IN
WHICH THE PLACE OF EMPLOYMENT OF SUCH EMPLOYEES  IS  LOCATED,  PROVIDED,
HOWEVER,  THAT FOR THE PURPOSES OF THIS ARTICLE, EXCEPTIONS TO THE DEFI-
NITION  OF  AN  EMPLOYEE  SHALL  INCLUDE  MINORS,  INTERNS,  INDIVIDUALS
EMPLOYED  ON  A  TEMPORARY BASIS OR INDIVIDUALS EMPLOYED DURING A PROBA-
TIONARY PERIOD OF NO MORE THAN NINETY DAYS.
  A MUNICIPALITY MAY ADOPT A LIVING  WAGE  STANDARD  IN  EXCESS  OF  THE
LIVING WAGE STANDARD ESTABLISHED FOR A COUNTY IN ACCORDANCE WITH SECTION
SIX  HUNDRED  NINETY-SIX-A  OF  THIS ARTICLE. CERTIFICATION AS A "MAKE A
LIVING NEW YORK BUSINESS" SHALL THEN BE CONTINGENT ON A BUSINESS  PAYING
EMPLOYEES  THE  WAGE  ADOPTED  BY  SUCH MUNICIPALITY.   BUSINESSES SHALL
SUBMIT SUCH PROOF AS MAY BE DEEMED NECESSARY BY  THE  BOARD  ESTABLISHED
PURSUANT  TO  SECTION  SIX  HUNDRED NINETY-SIX OF THIS ARTICLE TO ENSURE
COMPLIANCE WITH THIS ARTICLE.
  2. A BUSINESS SHALL SPECIFY THE TOTAL NUMBER OF INDIVIDUALS IT EMPLOYS
AND THE NUMBER OF SUCH EMPLOYED INDIVIDUALS WHO DO NOT  MEET  THE  DEFI-
NITION  OF  AN EMPLOYEE AS USED IN THIS ARTICLE. IF SUCH LATTER EMPLOYED
INDIVIDUALS CONSTITUTE A MAJORITY OF A BUSINESS'S WORKFORCE, SUCH  BUSI-
NESS SHALL BE INELIGIBLE FOR CERTIFICATION UNDER THIS ARTICLE.
  3.  A  BUSINESS  THAT  OFFERS  EMPLOYER-PROVIDED HEALTH INSURANCE THAT
COVERS AT LEAST FIFTY PERCENT OF AN EMPLOYEE'S  HEALTH  INSURANCE  COSTS
MAY, IN CONSIDERATION THEREOF, PAY EMPLOYEES ACCEPTING SUCH COVERAGE TEN
PERCENT LESS THAN THE LIVING WAGE THAT WOULD OTHERWISE APPLY.
  4.  A  BUSINESS  THAT  GRANTS  EMPLOYEE  BENEFITS RELATING TO HOUSING,
TRANSPORTATION OR FOOD COSTS MAY,  IN  CONSIDERATION  THEREOF  AND  UPON
APPROVAL BY A MAJORITY VOTE OF THE BOARD ESTABLISHED PURSUANT TO SECTION
SIX  HUNDRED NINETY-SIX OF THIS ARTICLE, REDUCE THE LIVING WAGE STANDARD
THAT WOULD OTHERWISE APPLY IN AN AMOUNT DETERMINED BY SUCH BOARD.
  S 696-C. APPLICATION PROCEDURES AND FEE.  1.  THE  COMMISSIONER  SHALL
ESTABLISH  A  WEB  PAGE THROUGH WHICH A BUSINESS SHALL APPLY FOR CERTIF-
ICATION PURSUANT TO SECTION SIX HUNDRED NINETY-SIX-B OF THIS ARTICLE. ON
A SEPARATE WEB PAGE THE COMMISSIONER SHALL LIST, BY  COUNTY,  ALL  BUSI-
NESSES CERTIFIED PURSUANT TO THIS ARTICLE.

S. 4160                             3

  2. THE FEE FOR AN APPLICATION FOR CERTIFICATION SHALL BE AS FOLLOWS:
  (A)  FOR  NON-PROFITMAKING  INSTITUTIONS,  AS  DEFINED  IN SECTION SIX
HUNDRED FIFTY-ONE OF THIS CHAPTER: ZERO DOLLARS;
  (B) FOR EMPLOYERS EMPLOYING TEN OR FEWER EMPLOYEES: FIFTY DOLLARS;
  (C) FOR EMPLOYERS  EMPLOYING  ELEVEN  TO  TWENTY-FIVE  EMPLOYEES:  ONE
HUNDRED DOLLARS;
  (D)  FOR  EMPLOYERS  EMPLOYING TWENTY-SIX TO FORTY-NINE EMPLOYEES: TWO
HUNDRED DOLLARS; AND
  (E) FOR EMPLOYERS EMPLOYING FIFTY OR MORE EMPLOYEES: TWO HUNDRED FIFTY
DOLLARS.
  3. A BUSINESS SHALL APPLY FOR RECERTIFICATION FOR THE SAME  FEE  EVERY
YEAR A COUNTY LIVING WAGE STANDARD CHANGES FROM THE PREVIOUS YEAR.
  S  3. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.

co-Sponsors

2015-S4160A (ACTIVE) - Details

Current Committee:: Senate Labor
Law Section:: Labor Law
Laws Affected:: Add Art 19-D §§696 - 696-c, Lab L

2015-S4160A (ACTIVE) - Summary

Establishes the Make a Living Wage Recognition Program to recognize businesses who pay employees a living wage in counties having adopted such wage.

2015-S4160A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4160A         REVISED MEMO 12/08/2015

 TITLE OF BILL :  An act to amend the labor law, in relation to
establishing the make a living wage recognition program

 PURPOSE OR GENERAL IDEA OF BILL :

To enact the make a living wage recognition program that would allow
qualifying businesses to be recognized as living wage employers in the
State of New York

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1 states that this act shall be known and may be cited as the
"make a living wage act."

Section 2 amends the labor law by adding a new article 19-d to
establish the "Make A Living Wage Recognition Program."

Section 3 sets the effective date

 JUSTIFICATION :

In March of 2008, Just Economics WNC, a small non-profit in Western
North Carolina launched a program to identify and promote local
employers that paid a Living Wage. It has succeeded in bringing in

hundreds of businesses to be a part of their initiative.

In New York State, the Tompkins County Workers Center has worked with
over 100 employers through their own initiative to work with
businesses to raise wages. In January of 2015, the Council for
Economic Justice announced their own living wage employer program to
highlight businesses and non-profits in the City of Buffalo and
Western New York that are helping their workers to make a living.

New York State has the opportunity to be the first state in the nation
to adopt a living wage employer recognition program.

The Make a Living Wage Recognition Program aims to reward employers
who are truly paying wages that help workers to make a living. It will
provide employers with tools and incentives to increase wages so that
workers can make a living wage. It will connect consumers with
employers that are providing wages that allow their employees to make
a living.

The program would do this by establishing a living wage standard in
every county. Local municipalities would also have the option to adopt
higher living wage standard than their respective county. For
employers, it is a fantastic way to inform consumers that they are
committed to a just and sustainable local economy. Consumers can know
that these businesses truly value their employees and in turn reward
them with their business.

This program also helps taxpayers by encouraging more businesses to
pay their workers a true living wages. When more New Yorkers can make
a living, it reduces the need for public assistance.

The Make A Living Wage Employer Recognition Program uses the Universal
Living Wage Formula to calculate the living wage standard for every
county. It is based on the idea that a person who works full-time (40
hours per week) should be able to afford a one bedroom apartment along
with other expenses.

The general consensus amongst economists is that no person should be
spending more than 30% to 35% of their gross income on housing.
According to the United States Department of Housing and Urban
Development(HUD), 30% of a person's gross income is the should be
spent on housing. The Universal Living Wage Formula is based on the
true local cost of housing using HUD's Fair Market Rents.

This formula is simple, represents local needs, and is easy to
calculate for individuals and employers. For the MTA region, the
formula uses 35% of a person's gross income for housing given the much
higher cost of housing within that area of the state. This formula
ties the wage rate to the true cost of housing because affordable
housing is a significant concern across New York State.

The Make A Living Wage Recognition Program bases the living wage
standard off of a four year average of HUD's Fair Market Rents to
account for volatility. A four year average helps stabilize housing
market volatility while also being accurate to increases in the cost
of living.

This is how the standard would be calculated for a county using Erie
County as the example:

Fair Market Rent for One Bedroom Apartment

2016-$618
2015-$617
2014-$570
2013-$591
$2396/4=$599 (4 year average of Fair Market Rent)

$599/30%-Monthly Expenses

$1,996= Monthly Expenses

Monthly Expenses x 12 = Annual Expenses

$1,996 x 12= $23,789 (Annual Expenses)

$23,952 (Annual Expenses)/ 2080 (40 hours a week for 52 weeks a year)=
Hourly Living Wage

$11.50 (Rounded to Nearest Nickel)= Hourly Living Wage

The Make A Living Wage Standard in each county can be reduced for an
employer if they offer quality health insurance coverage. It can be
further reduced if an employer offers other living benefits such as
food and/or transportation.

Living Wage Employer Recognition has proven to be an effective and
innovative approach that promotes collaboration between workers and
employers to address income inequality. New York State should partner
with consumers and businesses in this new way to help more New Yorkers
truly be able to make a living for themselves and their families.

 PRIOR LEGISLATIVE HISTORY :

This is a New Bill.

 FISCAL IMPLICATIONS :

None for the State. The application fees for the program would provide
the funding.

 EFFECTIVE DATE :
This act shall take effect on the first of January next succeeding the
date on which it shall have become a law.

2015-S4160A (ACTIVE) - Bill Text download pdf

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

                                 4160--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              March 3, 2015
                               ___________

Introduced by Sen. PANEPINTO -- 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 establishing  the  make  a
  living wage recognition program

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. This act shall be known and may be cited  as  the  "make  a
living wage act".
  S  2. The labor law is amended by adding a new article 19-D to read as
follows:
                              ARTICLE 19-D
                 MAKE A LIVING WAGE RECOGNITION PROGRAM
SECTION 696.   MAKE A LIVING WAGE RECOGNITION BOARD.
        696-A. COUNTY LIVING WAGE STANDARD.
        696-B. RECOGNITION OF BUSINESSES.
        696-C. APPLICATION PROCEDURES AND FEE.
  S 696. MAKE A LIVING WAGE RECOGNITION BOARD. 1. THE COMMISSIONER SHALL
ESTABLISH A BOARD TO ADMINISTER THE PROVISIONS  OF  THIS  ARTICLE.  SUCH
BOARD  SHALL  BE KNOWN AS THE "MAKE A LIVING WAGE RECOGNITION BOARD" AND
SHALL CONSIST OF FIVE MEMBERS ONE OF EACH OF WHOM SHALL BE APPOINTED  BY
THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, THE MINORITY LEADER
OF  THE  SENATE,  THE SPEAKER OF THE ASSEMBLY AND THE MINORITY LEADER OF
THE ASSEMBLY. THE BOARD SHALL HAVE THE POWER TO TAKE SUCH ACTIONS AS  IT
DEEMS NECESSARY AND PROPER TO EFFECTUATE THE PROVISIONS OF THIS ARTICLE.
  S  696-A.  COUNTY LIVING WAGE STANDARD. THE BOARD ESTABLISHED PURSUANT
TO SECTION SIX HUNDRED NINETY-SIX OF THIS ARTICLE SHALL ANNUALLY  ESTAB-
LISH,  NO  LATER THAN THE FINAL DAY OF MARCH OF EACH YEAR, A LIVING WAGE
STANDARD FOR EACH COUNTY IN NEW YORK STATE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08749-06-5

S. 4160--A                          2

  1. SUCH LIVING WAGE STANDARD FOR EACH  COUNTY  IN  THE  STATE,  EXCEPT
THOSE  COUNTIES  SET  OUT  IN  SUBDIVISION  TWO OF THIS SECTION SHALL BE
CALCULATED BY AVERAGING THE FAIR MARKET RENT  PRICE  FOR  A  ONE-BEDROOM
UNIT,  AS DETERMINED BY THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT,
OVER  THE  PREVIOUS  FOUR  YEARS AND THEN DIVIDING SUCH FIGURE BY THIRTY
PERCENT AND THEN MULTIPLYING SUCH FIGURE BY  TWELVE  AND  THEN  DIVIDING
SUCH FIGURE BY TWO THOUSAND EIGHTY.
  2.  THE  LIVING  WAGE  STANDARD  FOR  THE COUNTIES OF BRONX, DUTCHESS,
KINGS, NASSAU, NEW YORK, ORANGE,  PUTNAM,  QUEENS,  RICHMOND,  ROCKLAND,
SUFFOLK,  AND  WESTCHESTER  SHALL  BE  CALCULATED  BY AVERAGING THE FAIR
MARKET PRICE FOR A ONE-BEDROOM UNIT, AS DETERMINED BY THE DEPARTMENT  OF
HOUSING  AND  URBAN  DEVELOPMENT,  OVER THE PREVIOUS FOUR YEARS AND THEN
DIVIDING SUCH FIGURE BY THIRTY-FIVE PERCENT AND  THEN  MULTIPLYING  SUCH
FIGURE BY TWELVE AND THEN DIVIDING SUCH FIGURE BY TWO THOUSAND EIGHTY.
  THE  RESULTING  FIGURE  SHALL,  IN TERMS OF DOLLARS, BE ROUNDED TO THE
NEAREST NICKEL AND SHALL CONSTITUTE A COUNTY'S LIVING WAGE PER  HOUR  OF
WORK  PERFORMED.  THE  BOARD  MAY,  IN ITS DISCRETION, ADJUST A COUNTY'S
LIVING WAGE STANDARD DOWNWARD IF THE FORMULA ESTABLISHED BY THIS SECTION
YIELDS A GREATER THAN TWO PERCENT  INCREASE  OVER  THE  PREVIOUS  YEAR'S
LIVING WAGE STANDARD.
  S  696-B.  RECOGNITION  OF  BUSINESSES. 1. A BUSINESS IN A COUNTY THAT
ELECTS TO PAY THE LIVING WAGE STANDARD ESTABLISHED PURSUANT  TO  SECTION
SIX  HUNDRED NINETY-SIX-A OF THIS ARTICLE SHALL BE RECOGNIZED AS A "MAKE
A LIVING NEW YORK BUSINESS" IF SUCH  BUSINESS  PAYS  ALL  EMPLOYEES,  AS
DEFINED IN SECTION SIX HUNDRED FIFTY-ONE OF THIS CHAPTER, AN HOURLY WAGE
GREATER  THAN  OR  EQUAL  TO  SUCH LIVING WAGE STANDARD IN THE COUNTY IN
WHICH THE PLACE OF EMPLOYMENT OF SUCH EMPLOYEES  IS  LOCATED,  PROVIDED,
HOWEVER,  THAT FOR THE PURPOSES OF THIS ARTICLE, EXCEPTIONS TO THE DEFI-
NITION  OF  AN  EMPLOYEE  SHALL  INCLUDE  MINORS,  INTERNS,  INDIVIDUALS
EMPLOYED  ON  A  TEMPORARY BASIS OR INDIVIDUALS EMPLOYED DURING A PROBA-
TIONARY PERIOD OF NO MORE THAN NINETY DAYS.
  A MUNICIPALITY MAY ADOPT A LIVING  WAGE  STANDARD  IN  EXCESS  OF  THE
LIVING WAGE STANDARD ESTABLISHED FOR A COUNTY IN ACCORDANCE WITH SECTION
SIX  HUNDRED  NINETY-SIX-A  OF  THIS  ARTICLE.  RECOGNITION AS A "MAKE A
LIVING NEW YORK BUSINESS" SHALL THEN BE CONTINGENT ON A BUSINESS  PAYING
EMPLOYEES  THE  WAGE  ADOPTED  BY  SUCH MUNICIPALITY.   BUSINESSES SHALL
SUBMIT SUCH PROOF AS MAY BE DEEMED NECESSARY BY  THE  BOARD  ESTABLISHED
PURSUANT  TO  SECTION  SIX  HUNDRED NINETY-SIX OF THIS ARTICLE TO ENSURE
COMPLIANCE WITH THIS ARTICLE.
  2. A BUSINESS SHALL SPECIFY THE TOTAL NUMBER OF INDIVIDUALS IT EMPLOYS
AND THE NUMBER OF SUCH EMPLOYED INDIVIDUALS WHO DO NOT  MEET  THE  DEFI-
NITION  OF  AN EMPLOYEE AS USED IN THIS ARTICLE. IF SUCH LATTER EMPLOYED
INDIVIDUALS CONSTITUTE A MAJORITY OF A BUSINESS'S WORKFORCE, SUCH  BUSI-
NESS SHALL BE INELIGIBLE FOR RECOGNITION UNDER THIS ARTICLE.
  3.  A  BUSINESS  THAT  OFFERS  EMPLOYER-PROVIDED HEALTH INSURANCE THAT
COVERS AT LEAST FIFTY PERCENT OF AN EMPLOYEE'S  HEALTH  INSURANCE  COSTS
MAY, IN CONSIDERATION THEREOF, PAY EMPLOYEES ACCEPTING SUCH COVERAGE TEN
PERCENT LESS THAN THE LIVING WAGE THAT WOULD OTHERWISE APPLY.
  4.  A  BUSINESS  THAT  GRANTS  EMPLOYEE  BENEFITS RELATING TO HOUSING,
TRANSPORTATION OR FOOD COSTS MAY,  IN  CONSIDERATION  THEREOF  AND  UPON
APPROVAL BY A MAJORITY VOTE OF THE BOARD ESTABLISHED PURSUANT TO SECTION
SIX  HUNDRED NINETY-SIX OF THIS ARTICLE, REDUCE THE LIVING WAGE STANDARD
THAT WOULD OTHERWISE APPLY IN AN AMOUNT DETERMINED BY SUCH BOARD.
  S 696-C. APPLICATION PROCEDURES AND FEE.  1.  THE  COMMISSIONER  SHALL
ESTABLISH  A  WEB PAGE THROUGH WHICH A BUSINESS SHALL APPLY FOR RECOGNI-
TION PURSUANT TO SECTION SIX HUNDRED NINETY-SIX-B OF THIS ARTICLE. ON  A

S. 4160--A                          3

SEPARATE WEB PAGE THE COMMISSIONER SHALL LIST, BY COUNTY, ALL BUSINESSES
RECOGNIZED PURSUANT TO THIS ARTICLE.
  2. THE FEE FOR AN APPLICATION FOR RECOGNITION SHALL BE AS FOLLOWS:
  (A)  FOR  NON-PROFITMAKING  INSTITUTIONS,  AS  DEFINED  IN SECTION SIX
HUNDRED FIFTY-ONE OF THIS CHAPTER: ZERO DOLLARS;
  (B) FOR EMPLOYERS EMPLOYING TEN OR FEWER EMPLOYEES: FIFTY DOLLARS;
  (C) FOR EMPLOYERS  EMPLOYING  ELEVEN  TO  TWENTY-FIVE  EMPLOYEES:  ONE
HUNDRED DOLLARS;
  (D)  FOR  EMPLOYERS  EMPLOYING TWENTY-SIX TO FORTY-NINE EMPLOYEES: TWO
HUNDRED DOLLARS; AND
  (E) FOR EMPLOYERS EMPLOYING FIFTY OR MORE EMPLOYEES: TWO HUNDRED FIFTY
DOLLARS.
  3. A BUSINESS SHALL APPLY FOR RECOGNITION FOR THE SAME FEE EVERY  YEAR
A COUNTY LIVING WAGE STANDARD CHANGES FROM THE PREVIOUS YEAR.
  S  3. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.

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Senate Bill S4160A

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Sponsored By

Marc Panepinto

Archive: Last Bill Status - In Senate Committee Labor Committee

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Leroy Comrie

2015-S4160A (ACTIVE) - Details

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2015-S4160A (ACTIVE) - Bill Text download pdf

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