S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7886
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 18, 2017
                                ___________
 
 Introduced by M. of A. CRESPO -- read once and referred to the Committee
   on Labor
 
 AN  ACT  to  amend  the labor law, in relation to minimum wage rates for
   subcontracted transportation center workers
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  The  labor law is amended by adding a new article 19-D to
 read as follows:
                               ARTICLE 19-D
        MINIMUM WAGE RATES FOR SUBCONTRACTED TRANSPORTATION CENTER
                              SERVICE WORKERS
 SECTION 696-A. DEFINITIONS.
         696-B. MINIMUM WAGE RATE FOR SUBCONTRACTED TRANSPORTATION CENTER
                  SERVICE WORKERS.
         696-C. COMMISSIONER'S POWER OF INVESTIGATION.
         696-D. RECORDS OF EMPLOYERS.
         696-E. PENALTIES;  FAILURE  TO  PAY  MINIMUM  WAGE  OR  OVERTIME
                  COMPENSATION; FAILURE TO KEEP RECORDS.
         696-F. CIVIL ACTION.
         696-G. REGULATIONS.
         696-H. SAVINGS CLAUSE.
   § 696-A. DEFINITIONS. AS USED IN THIS ARTICLE: 1. "COVERED TRANSPORTA-
 TION  CENTER"  MEANS  JOHN  F.  KENNEDY INTERNATIONAL AIRPORT, LAGUARDIA
 AIRPORT, THE PORT AUTHORITY BUS TERMINAL, PENNSYLVANIA STATION AND GRAND
 CENTRAL STATION.
   2. "COVERED TRANSPORTATION CENTER SERVICE PROVIDER" MEANS  ANY  PERSON
 OR  ENTITY THAT EMPLOYS COVERED TRANSPORTATION CENTER SERVICES EMPLOYEES
 TO PROVIDE ONE OR MORE COVERED TRANSPORTATION CENTER  SERVICES  UNDER  A
 SERVICE  CONTRACT  OR  SUBCONTRACT  WITH  A  PRIVATE ENTITY AT A COVERED
 TRANSPORTATION CENTER.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11625-01-7
              

 A. 7886                             2
 
   3. "SUBCONTRACTED TRANSPORTATION CENTER SERVICE WORKER" MEANS A WORKER
 PERFORMING COVERED TRANSPORTATION CENTER SERVICES FOR A  COVERED  TRANS-
 PORTATION CENTER SERVICE PROVIDER.
   4.  "COVERED TRANSPORTATION CENTER SERVICES" MEANS WORK PERFORMED AT A
 COVERED TRANSPORTATION CENTER AND INCLUDES:
   A. PASSENGER RELATED SECURITY SERVICES WHICH INCLUDES ESCORT SERVICES;
 CATERING SECURITY; PASSENGER AIRCRAFT, TRAIN OR BUS SECURITY;  FIREGUARD
 SERVICES; TERMINAL OR STATION SECURITY; AND TRAFFIC SECURITY.
   B.  CARGO  RELATED  AND  RAMP  SERVICES WHICH INCLUDES CARGO SCREENING
 (INCLUDING GUARDS) AND WAREHOUSE SECURITY; BAGGAGE AND  CARGO  HANDLING;
 LOAD  CONTROL  AND  RAMP COMMUNICATION; AIRCRAFT, TRAIN OR BUS MECHANICS
 AND  FUELING  OF  AIRCRAFT,  TRAINS  OR  BUSES;  PROVISION   OF   WATER,
 COOLING/HEATING,  POWER;  EQUIPMENT  AND  TOILET  SERVICES  TO AIRCRAFT,
 TRAINS OR BUSES; PASSENGER  AIRCRAFT,  TRAIN  OR  BUS  SERVICING;  CABIN
 EQUIPMENT  MAINTENANCE;  GUIDING AIRCRAFT, TRAINS OR BUSES IN AND OUT OF
 GATES; GATESIDE AIRCRAFT, TRAIN OR BUS MAINTENANCE; RAMP AREA CLEANING;
   C. IN-TERMINAL AND IN-STATION AND PASSENGER HANDLING SERVICES; BAGGAGE
 HANDLING  SKYCAP  OR  REDCAP;  WHEELCHAIR  ATTENDANT;  TICKETING  AGENT;
 CUSTOMER SERVICE REPRESENTATIVES; QUEUE MANAGERS AND ID CHECKERS; PORTER
 SERVICE FOR BAGGAGE; PASSENGER AND EMPLOYEE SHUTTLE DRIVERS;
   D. CLEANING SERVICES; BUILDING CLEANING; AIRCRAFT, CABIN, TRAIN OR BUS
 CLEANING; PLANE, TRAIN OR BUS WASHERS; AND
   E.  CONCESSION  SERVICES;  FOOD  SERVICE (INCLUDING, FOOD AND BEVERAGE
 SERVICE, WAIT SERVICE,  BUSING,  CASHIERS);  RETAIL  SERVICE  (INCLUDING
 NEWS/GIFTS  AND  DUTY-FREE);  CLEANING FOR CONCESSION SERVICES; SECURITY
 FOR CONCESSION SERVICES; AIRPORT, STATION OR  TERMINAL  LOUNGE  SERVICES
 (FOOD, RETAIL, CLEANING AND SECURITY SERVICES);
   5.  "APPLICABLE  STANDARD  RATE  FOR SUBCONTRACTED PASSENGER SERVICES"
 SHALL MEAN THE GREATER OF:
   A. THE WAGE AND BENEFIT RATES AND PAID TIME OFF MINIMUMS DESIGNATED BY
 THE COMMISSIONER  BASED  ON  THE  DETERMINATIONS  MADE  BY  THE  GENERAL
 SERVICES ADMINISTRATION PURSUANT TO THE FEDERAL "SERVICE CONTRACT ACT OF
 1965" (41 U.S.C. § 351 ET SEQ.), FOR THE CLASSIFICATION OF "GUARD I" FOR
 THE COUNTY OF NEW YORK; OR
   B. THE WAGE AND BENEFIT RATES AND PAID TIME OFF MINIMUMS DESIGNATED IN
 THE  PREVAILING  WAGES  SCHEDULE BY THE FISCAL OFFICER UNDER SECTION TWO
 HUNDRED THIRTY-ONE OF THIS CHAPTER APPLICABLE TO UNARMED SECURITY GUARDS
 PERFORMING SERVICES IN THE CITY OF NEW YORK.
   § 696-B. MINIMUM WAGE RATE  FOR  SUBCONTRACTED  TRANSPORTATION  CENTER
 SERVICE  WORKERS. 1.   EVERY SUBCONTRACTED TRANSPORTATION CENTER SERVICE
 WORKER SHALL BE COMPENSATED AT A RATE THAT IS NO LESS THAN THE  APPLICA-
 BLE  STANDARD RATE FOR SUBCONTRACTED TRANSPORTATION CENTER SERVICE WORK-
 ERS.
   2. NOTWITHSTANDING SUBDIVISION ONE OF THIS SECTION, THE  MINIMUM  WAGE
 RATE  FOR  A SUBCONTRACTED TRANSPORTATION CENTER SERVICE WORKER WHO IS A
 FOOD SERVICE WORKER, A SKYCAP OR A REDCAP RECEIVING TIPS SHALL BE A CASH
 WAGE OF AT LEAST TWO-THIRDS OF THE MINIMUM WAGE RATE SET FORTH IN SUBDI-
 VISION ONE OF THIS SECTION, ROUNDED TO THE NEAREST FIVE CENTS,  PROVIDED
 THAT  THE  TIPS  OF  SUCH AN EMPLOYEE, WHEN ADDED TO SUCH CASH WAGE, ARE
 EQUAL TO OR EXCEED THE MINIMUM WAGE RATE FOR  SUBCONTRACTED  TRANSPORTA-
 TION  CENTER  SERVICE  WORKERS  IN EFFECT PURSUANT TO SUBDIVISION ONE OF
 THIS SECTION. TIPPED SKYCAPS, REDCAPS, AND FOOD  SERVICE  WORKERS  SHALL
 ALSO  RECEIVE  THE FULL AMOUNT OF BENEFITS AND PAID TIME OFF MINIMUMS AS
 PROVIDED UNDER SUBDIVISION ONE OF THIS SECTION.
   § 696-C. COMMISSIONER'S POWER OF INVESTIGATION.  THE  COMMISSIONER  OR
 HIS OR HER AUTHORIZED REPRESENTATIVE SHALL HAVE POWER:

 A. 7886                             3
 
   1. TO INVESTIGATE THE WAGES OF PERSONS EMPLOYED BY A COVERED TRANSPOR-
 TATION CENTER SERVICE PROVIDER IN THE STATE;
   2.  TO  ENTER  THE PLACE OF BUSINESS OR EMPLOYMENT OF ANY EMPLOYER FOR
 THE PURPOSE OF:
   A. EXAMINING AND INSPECTING ANY AND ALL BOOKS, REGISTERS, PAYROLLS AND
 OTHER RECORDS THAT IN ANY WAY RELATE TO OR HAVE A BEARING UPON THE WAGES
 PAID TO, OR THE HOURS WORKED BY ANY EMPLOYEES; AND
   B. ASCERTAINING WHETHER THE PROVISIONS OF THIS ARTICLE AND THE  ORDERS
 AND REGULATIONS PROMULGATED HEREUNDER ARE BEING COMPLIED WITH.
   3.  TO  REQUIRE  FROM  ANY  EMPLOYER  FULL  AND CORRECT STATEMENTS AND
 REPORTS IN WRITING OF THE WAGES PAID TO AND THE HOURS WORKED BY  HIS  OR
 HER EMPLOYEES, AT SUCH TIMES AS THE COMMISSIONER MAY DEEM NECESSARY.
   §  696-D.  RECORDS  OF EMPLOYERS. 1. FOR ALL EMPLOYEES COVERED BY THIS
 ARTICLE, EVERY EMPLOYER SHALL ESTABLISH, MAINTAIN, AND PRESERVE FOR  NOT
 LESS  THAN SIX YEARS CONTEMPORANEOUS, TRUE, AND ACCURATE PAYROLL RECORDS
 SHOWING FOR EACH WEEK WORKED THE HOURS WORKED, THE RATE OR RATES OF  PAY
 AND  BASIS  THEREOF, WHETHER PAID BY THE HOUR, SHIFT, DAY, WEEK, SALARY,
 PIECE, COMMISSION, OR OTHER BASIS; GROSS WAGES; DEDUCTIONS;  ALLOWANCES,
 IF  ANY,  CLAIMED  AS  PART  OF THE MINIMUM WAGE; AND NET WAGES FOR EACH
 EMPLOYEE, PLUS SUCH OTHER INFORMATION AS THE COMMISSIONER DEEMS MATERIAL
 AND NECESSARY.
   3. FOR ALL EMPLOYEES WHO ARE NOT EXEMPT FROM OVERTIME COMPENSATION  AS
 ESTABLISHED  IN  THE  COMMISSIONER'S  MINIMUM  WAGE  ORDERS OR OTHERWISE
 PROVIDED BY STATE LAW OR REGULATION, THE PAYROLL  RECORDS  MUST  INCLUDE
 THE  REGULAR  HOURLY RATE OR RATES OF PAY, THE OVERTIME RATE OR RATES OF
 PAY, THE NUMBER OF REGULAR HOURS WORKED,  AND  THE  NUMBER  OF  OVERTIME
 HOURS WORKED.
   4.  FOR  ALL  EMPLOYEES  PAID  A PIECE RATE, THE PAYROLL RECORDS SHALL
 INCLUDE THE APPLICABLE PIECE RATE OR RATES OF PAY AND NUMBER  OF  PIECES
 COMPLETED AT EACH PIECE RATE.
   5. ON DEMAND, THE EMPLOYER SHALL FURNISH TO THE COMMISSIONER OR HIS OR
 HER  DULY  AUTHORIZED  REPRESENTATIVE  A  SWORN  STATEMENT  OF THE HOURS
 WORKED, RATE OR RATES OF PAY AND BASIS  THEREOF,  WHETHER  PAID  BY  THE
 HOUR, SHIFT, DAY, WEEK, SALARY, PIECE, COMMISSION, OR OTHER BASIS; GROSS
 WAGES;  DEDUCTIONS; AND ALLOWANCES, IF ANY, CLAIMED AS PART OF THE MINI-
 MUM WAGE, FOR EACH EMPLOYEE, PLUS SUCH OTHER INFORMATION AS THE  COMMIS-
 SIONER DEEMS MATERIAL AND NECESSARY.
   6.  EVERY  EMPLOYER  SHALL KEEP SUCH RECORDS OPEN TO INSPECTION BY THE
 COMMISSIONER OR HIS OR HER DULY AUTHORIZED REPRESENTATIVE AT ANY REASON-
 ABLE TIME.
   7. EVERY EMPLOYER OF AN EMPLOYEE SHALL KEEP A DIGEST  AND  SUMMARY  OF
 THIS  ARTICLE  OR  APPLICABLE WAGE ORDER, WHICH SHALL BE PREPARED BY THE
 COMMISSIONER, POSTED IN A CONSPICUOUS PLACE IN HIS OR HER  ESTABLISHMENT
 AND  SHALL  ALSO  KEEP  POSTED SUCH ADDITIONAL COPIES OF SAID DIGEST AND
 SUMMARY AS THE COMMISSIONER PRESCRIBES.
   8. EMPLOYERS SHALL, ON REQUEST, BE FURNISHED WITH COPIES OF THIS ARTI-
 CLE AND OF ORDERS, AND OF DIGESTS AND SUMMARIES THEREOF, WITHOUT CHARGE.
   9. EMPLOYERS SHALL PERMIT THE COMMISSIONER OR HIS OR HER DULY  AUTHOR-
 IZED  REPRESENTATIVE  TO  QUESTION  WITHOUT INTERFERENCE ANY EMPLOYEE OF
 SUCH EMPLOYER IN A PRIVATE LOCATION  AT  THE  PLACE  OF  EMPLOYMENT  AND
 DURING  WORKING  HOURS  IN  RESPECT  TO  THE WAGES PAID TO AND THE HOURS
 WORKED BY SUCH EMPLOYEE OR OTHER EMPLOYEES.
   § 696-E. PENALTIES; FAILURE TO PAY MINIMUM WAGE  OR  OVERTIME  COMPEN-
 SATION; FAILURE TO KEEP RECORDS. 1. ANY EMPLOYER OR HIS OR HER AGENT, OR
 THE OFFICER OR AGENT OF ANY CORPORATION, PARTNERSHIP, OR LIMITED LIABIL-
 ITY  COMPANY,  WHO  PAYS  OR AGREES TO PAY TO ANY EMPLOYEE LESS THAN THE

 A. 7886                             4
 
 WAGE APPLICABLE UNDER THIS ARTICLE SHALL BE GUILTY OF A MISDEMEANOR  AND
 UPON  CONVICTION  THEREFOR SHALL BE FINED NOT LESS THAN FIVE HUNDRED NOR
 MORE THAN TWENTY THOUSAND DOLLARS OR IMPRISONED FOR NOT  MORE  THAN  ONE
 YEAR,  AND,  IN  THE  EVENT THAT ANY SECOND OR SUBSEQUENT OFFENSE OCCURS
 WITHIN SIX YEARS OF THE DATE OF CONVICTION FOR A PRIOR OFFENSE, SHALL BE
 GUILTY OF A FELONY FOR  THE  SECOND  OR  SUBSEQUENT  OFFENSE,  AND  UPON
 CONVICTION  THEREFOR, SHALL BE FINED NOT LESS THAN FIVE HUNDRED NOR MORE
 THAN TWENTY THOUSAND DOLLARS OR IMPRISONED FOR NOT MORE  THAN  ONE  YEAR
 PLUS  ONE  DAY, OR PUNISHED BY BOTH SUCH FINE AND IMPRISONMENT, FOR EACH
 SUCH OFFENSE. EACH PAYMENT TO ANY EMPLOYEE IN ANY WEEK OF LESS THAN  THE
 WAGE APPLICABLE UNDER THIS ARTICLE SHALL CONSTITUTE A SEPARATE OFFENSE.
   2.  ANY  EMPLOYER  OR HIS OR HER AGENT, OR THE OFFICER OR AGENT OF ANY
 CORPORATION, PARTNERSHIP, OR LIMITED LIABILITY  COMPANY,  WHO  FAILS  TO
 KEEP  THE RECORDS REQUIRED UNDER THIS ARTICLE OR TO FURNISH SUCH RECORDS
 OR ANY INFORMATION REQUIRED TO BE FURNISHED UNDER THIS  ARTICLE  TO  THE
 COMMISSIONER  OR  HIS  OR HER AUTHORIZED REPRESENTATIVE UPON REQUEST, OR
 WHO HINDERS OR DELAYS THE COMMISSIONER OR HIS OR HER  AUTHORIZED  REPRE-
 SENTATIVE  IN THE PERFORMANCE OF HIS OR HER DUTIES IN THE ENFORCEMENT OF
 THIS ARTICLE, OR REFUSES TO ADMIT THE COMMISSIONER OR HIS OR HER AUTHOR-
 IZED REPRESENTATIVE TO ANY PLACE OF EMPLOYMENT, OR  FALSIFIES  ANY  SUCH
 RECORDS  OR  REFUSES TO MAKE SUCH RECORDS ACCESSIBLE TO THE COMMISSIONER
 OR HIS OR HER AUTHORIZED REPRESENTATIVE, OR REFUSES TO FURNISH  A  SWORN
 STATEMENT  OF  SUCH  RECORDS  OR  ANY OTHER INFORMATION REQUIRED FOR THE
 PROPER ENFORCEMENT OF THIS ARTICLE TO THE COMMISSIONER  OR  HIS  OR  HER
 AUTHORIZED  REPRESENTATIVE,  SHALL  BE  GUILTY OF A MISDEMEANOR AND UPON
 CONVICTION THEREFOR SHALL BE FINED NOT LESS THAN FIVE HUNDRED  NOR  MORE
 THAN  FIVE  THOUSAND  DOLLARS  OR IMPRISONED FOR NOT MORE THAN ONE YEAR,
 AND, IN THE EVENT THAT ANY SECOND OR SUBSEQUENT  OFFENSE  OCCURS  WITHIN
 SIX YEARS OF THE DATE OF CONVICTION FOR A PRIOR OFFENSE, SHALL BE GUILTY
 OF  A  FELONY  FOR THE SECOND OR SUBSEQUENT OFFENSE, AND UPON CONVICTION
 THEREFOR, SHALL BE FINED NOT LESS THAN FIVE HUNDRED NOR MORE THAN TWENTY
 THOUSAND DOLLARS OR IMPRISONED FOR NOT MORE THAN ONE YEAR PLUS ONE  DAY,
 OR  PUNISHED  BY BOTH SUCH FINE AND IMPRISONMENT, FOR EACH SUCH OFFENSE.
 EACH DAY'S FAILURE TO KEEP THE RECORDS REQUESTED UNDER THIS  ARTICLE  OR
 TO FURNISH SUCH RECORDS OR INFORMATION TO THE COMMISSIONER OR HIS OR HER
 AUTHORIZED REPRESENTATIVE SHALL CONSTITUTE A SEPARATE OFFENSE.
   §  696-F.  CIVIL  ACTION.  1.  IF  ANY  EMPLOYEE IS PAID BY HIS OR HER
 EMPLOYER LESS THAN THE WAGE TO WHICH HE OR SHE  IS  ENTITLED  UNDER  THE
 PROVISIONS  OF  THIS  ARTICLE, HE OR SHE SHALL RECOVER IN A CIVIL ACTION
 THE AMOUNT OF ANY  SUCH  UNDERPAYMENTS,  TOGETHER  WITH  ALL  REASONABLE
 ATTORNEY'S  FEES, PREJUDGMENT INTEREST AS REQUIRED UNDER THE CIVIL PRAC-
 TICE LAW AND RULES, AND UNLESS THE EMPLOYER PROVES A GOOD FAITH BASIS TO
 BELIEVE THAT ITS UNDERPAYMENT OF WAGES WAS IN COMPLIANCE WITH  THE  LAW,
 AN  ADDITIONAL AMOUNT AS LIQUIDATED DAMAGES EQUAL TO ONE HUNDRED PERCENT
 OF THE TOTAL OF SUCH  UNDERPAYMENTS  FOUND  TO  BE  DUE.  ANY  AGREEMENT
 BETWEEN  THE  EMPLOYEE, AND THE EMPLOYER TO WORK FOR LESS THAN SUCH WAGE
 SHALL BE NO DEFENSE TO SUCH ACTION.
   2. ON BEHALF OF ANY EMPLOYEE PAID LESS THAN  THE  WAGE  TO  WHICH  THE
 EMPLOYEE  IS  ENTITLED UNDER THE PROVISIONS OF THIS ARTICLE, THE COMMIS-
 SIONER MAY BRING ANY LEGAL ACTION  NECESSARY,  INCLUDING  ADMINISTRATIVE
 ACTION, TO COLLECT SUCH CLAIM, AND THE EMPLOYER SHALL BE REQUIRED TO PAY
 THE FULL AMOUNT OF THE UNDERPAYMENT, PLUS COSTS, AND UNLESS THE EMPLOYER
 PROVES  A  GOOD  FAITH  BASIS  TO  BELIEVE  THAT ITS UNDERPAYMENT WAS IN
 COMPLIANCE WITH THE LAW, AN ADDITIONAL  AMOUNT  AS  LIQUIDATED  DAMAGES.
 LIQUIDATED  DAMAGES  SHALL  BE CALCULATED BY THE COMMISSIONER AS NO MORE
 THAN ONE HUNDRED PERCENT OF THE TOTAL AMOUNT OF UNDERPAYMENTS  FOUND  TO

 A. 7886                             5
 
 BE  DUE  THE  EMPLOYEE.  IN  ANY ACTION BROUGHT BY THE COMMISSIONER IN A
 COURT OF COMPETENT JURISDICTION, LIQUIDATED DAMAGES SHALL BE  CALCULATED
 AS  AN  AMOUNT EQUAL TO ONE HUNDRED PERCENT OF UNDERPAYMENTS FOUND TO BE
 DUE THE EMPLOYEE.
   3.  NOTWITHSTANDING  ANY  OTHER PROVISION OF LAW, AN ACTION TO RECOVER
 UPON A LIABILITY IMPOSED BY THIS ARTICLE MUST BE  COMMENCED  WITHIN  SIX
 YEARS.  THE  STATUTE  OF  LIMITATIONS  SHALL  BE TOLLED FROM THE DATE AN
 EMPLOYEE FILES A COMPLAINT WITH THE  COMMISSIONER  OR  THE  COMMISSIONER
 COMMENCES  AN  INVESTIGATION,  WHICHEVER  IS  EARLIER, UNTIL AN ORDER TO
 COMPLY ISSUED BY THE COMMISSIONER BECOMES FINAL, OR  WHERE  THE  COMMIS-
 SIONER DOES NOT ISSUE AN ORDER, UNTIL THE DATE ON WHICH THE COMMISSIONER
 NOTIFIES THE COMPLAINANT THAT THE INVESTIGATION HAS CONCLUDED.  INVESTI-
 GATION  BY  THE  COMMISSIONER  SHALL  NOT BE A PREREQUISITE TO NOR A BAR
 AGAINST A PERSON BRINGING A CIVIL ACTION UNDER THIS ARTICLE.
   4. IN ANY CIVIL ACTION BY AN EMPLOYEE  OR  BY  THE  COMMISSIONER,  THE
 EMPLOYEE OR COMMISSIONER SHALL HAVE THE RIGHT TO COLLECT ATTORNEYS' FEES
 AND  COSTS  INCURRED  IN  ENFORCING  ANY COURT JUDGMENT. ANY JUDGMENT OR
 COURT ORDER AWARDING REMEDIES UNDER THIS SECTION SHALL PROVIDE  THAT  IF
 ANY  AMOUNTS  REMAIN UNPAID UPON THE EXPIRATION OF NINETY DAYS FOLLOWING
 ISSUANCE OF JUDGMENT, OR NINETY DAYS AFTER EXPIRATION  OF  THE  TIME  TO
 APPEAL  AND NO APPEAL THEREFROM IS THEN PENDING, WHICHEVER IS LATER, THE
 TOTAL  AMOUNT  OF  JUDGMENT  SHALL  AUTOMATICALLY  INCREASE  BY  FIFTEEN
 PERCENT.
   §  696-G.  REGULATIONS.  1. THE COMMISSIONER MAY PROMULGATE SUCH REGU-
 LATIONS AS HE OR SHE DEEMS APPROPRIATE TO CARRY OUT THE PURPOSES OF THIS
 ARTICLE AND TO SAFEGUARD MINIMUM WAGE STANDARDS.
   2. SUCH REGULATIONS SHALL BE PROMULGATED BY THE COMMISSIONER  AFTER  A
 PUBLIC HEARING HELD AFTER DUE NOTICE.
   3.  A NOTICE OF THE PUBLIC HEARING AND A NOTICE OF THE PROMULGATION OF
 ANY SUCH REGULATION SHALL BE PUBLISHED IN THE STATE BULLETIN. THE NOTICE
 OF THE PROMULGATION OF ANY SUCH REGULATION SHALL BE PUBLISHED  AT  LEAST
 TWENTY DAYS BEFORE THE EFFECTIVE DATE OF THE REGULATION.
   §  696-H.  SAVINGS  CLAUSE.  IF  ANY  PROVISION OF THIS ARTICLE OR THE
 APPLICATION THEREOF TO ANY PERSON, EMPLOYER, OCCUPATION OR  CIRCUMSTANCE
 IS  HELD  INVALID,  THE  REMAINDER OF THE ARTICLE AND THE APPLICATION OF
 SUCH PROVISION TO OTHER  PERSONS,  EMPLOYEES,  OCCUPATIONS,  OR  CIRCUM-
 STANCES SHALL NOT BE AFFECTED THEREBY.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.