NY State Senate Bill 2017-S6451A

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 04, 2018	print number 6451a
Jan 04, 2018	amend and recommit to labor
Jan 03, 2018	referred to labor
May 22, 2017	referred to labor

Bill Amendments

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A (Active)

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2017-S6451 - Details

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

2017-S6451 - Summary

Requires that every subcontracted transportation center service worker shall be compensated at a rate that is no less than the applicable standard rate for subcontracted transportation center service workers.

2017-S6451 - Sponsor Memo

                                 BILL NUMBER:  S6451

 TITLE OF BILL :  An act to amend the labor law, in relation to
minimum wage rates for subcontracted transportation center workers

 PURPOSE OR GENERAL IDEA OF THE BILL :

To ensure minimum wage for subcontracted transportation center workers

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1: States and lists the provisions of Article 19-D that will
be added to labor law.

Subsection 696-a: Defines "Covered transportation center" as John F.
Kennedy International Airport, LaGuardia Airport, the Port Authority
Bus Terminal, Pennsylvania Station and Grand Central Station.

Subsection 696-a2: Defines "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.

Subsection 696-a3: Defines "Subcontracted Transportation Center
Service Worker" means a worker performing Covered Transportation

Center Services for a Covered Transportation Center Service Provider.

Subsection 696-a4: Defines "Covered Transportation Center Services"
means work performed at a Covered Transportation Center and includes:
Passenger Related Security Services, Cargo Related and Ramp Services,
In-Terminal and In-Station and Passenger Handling Services, Cleaning
Services, Concession Services.

Subsection 696-a5: Defines the Applicable Standard Rate for
subcontracted passenger services shall mean the greater of:

1. 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 New York County; or

2. The wage and benefit rates and paid time off minimums designated in
the prevailing wages schedule by the fiscal officer under Section 230
of the New York Labor Law applicable to unarmed security guards
performing services in New York City.

Subsection 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 applicable standard
rate for Subcontracted Transportation Center Service Workers.

1.Notwithstanding subsection (a) 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
subsection (a) 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
Transportation Center Service Workers in effect pursuant to subsection
(a) 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 subsection (a) of this section.
Subsection 696-c: Commissioner's powers of investigation: The
commissioner or his authorized representative shall have power: (a) to
investigate the wages of persons in any occupation in the state; (b)
to enter the place of business or employment of any employer for the
purpose of (1) 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, (2)
ascertaining whether the provisions of this article and the orders and
regulations promulgated hereunder are being complied with; and (c) to
require from any employer full and correct statements and reports in
writing, at such times as the commissioner may deem necessary, of the
wages paid to and the hours worked by his employees.

Subsection 696-d: Records of employers: states

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

2. For all employees who are not exempt from overtime compensation as
established in the commissioner's minimum wage orders or otherwise
provided by New York 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.

3. 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
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
minimum wage, for each employee, plus such other information as the
commissioner deems material and necessary.

6. Every employer shall keep such records open to inspection by the
commissioner or his duly authorized representative at any reasonable
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 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
article and of orders, and of digests and summaries thereof, without
charge.

9. Employers shall permit the commissioner or his duly authorized
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.



Subsection 696-e: Penalties: States the amount of fines and conviction
time of those who are in violation of this amendment and punishable
actions such as improper record keeping and paying under minimum wage.

Subsection 696-f: Civil action:

1. by employee. 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 costs all reasonable attorney's
fees, prejudgment interest as required under the civil practice 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. by commissioner. On behalf of any employee paid less than the wage
to which the employee is entitled under the provisions of this
article, the commissioner 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 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. Limitation of time. 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 commissioner does not issue an order, until the date on
which the commissioner notifies the complainant that the investigation
has concluded. <1> Investigation by the commissioner shall not be a
prerequisite to nor a bar against a person bringing a civil action
under this article.

4. Attorneys' fees. 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.

Subsection 696-q: Regulation:

1. The commissioner may promulgate such regulations 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 <1> 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.

Subsection 696-h: Savings Clause: states that 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 circumstances shall not be affected thereby.

Subsection 2: States that this law shall take effect 90 days after it
shall have become a law

 JUSTIFICATION :

The need for this legislation is apparent as proven by the research
provided below.

A stable, trained, experienced workforce that knows the facilities,
protocols, and chain of communication to report security breaches is
essential to the safe and secure operation of major transportation
centers. The best practice to reduce turnover and encourage retention
of trained and experienced workers is to establish minimum standards
for wages, health benefits, and paid leave and to encourage full-time
work for employees of contractors providing services. For example,
when SF0 established a mandated minimum wage plus benefits, and paid
leave, employee turnover fell dramatically while work performance,
morale, and customer service improved.

In order to reduce turnover, and help retain a trained and experienced
service workforce at major transportation centers in New York City,
the proposed legislation amends the minimum wage law to establish a
minimum (wage, benefits and paid leave) compensation standard for
Subcontracted Transportation Center Service Workers.

 PRIOR LEGISLATIVE HISTORY :

New Bill

 FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENT :

None

 EFFECTIVE DATE :
90 days after enactment.

2017-S6451 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6451
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               May 22, 2017
                                ___________
 
 Introduced  by  Sen. PERSAUD -- 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  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

 S. 6451                             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:

 S. 6451                             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

 S. 6451                             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

 S. 6451                             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.

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2017-S6451A (ACTIVE) - Details

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

2017-S6451A (ACTIVE) - Summary

2017-S6451A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S6451A

SPONSOR: PERSAUD
 
TITLE OF BILL:

An act to amend the labor law, in relation to minimum wage rates for
subcontracted transportation center workers

 
PURPOSE OR GENERAL IDEA OF THE BILL:

To ensure minimum wage for subcontracted transportation center workers

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1: States and lists the provisions of Article 19-D that will be
added to labor law.

Subsection 696-a: Defines "Covered transportation center" as John F.
Kennedy International Airport, LaGuardia Airport, the Port Authority Bus
Terminal, Pennsylvania Station and Grand Central Station.

Subsection 696-a2: Defines "Covered Transportation Center Service
Provider" means any person or entity that employs Covered Transporta-
tion. Center Services Employees to provide one or more Covered Transpor-
tation Center Services under a service contract or subcontract with a
private entity at a Covered Transportation Center.

Subsection 696-a3: Defines "Subcontracted Transportation Center Service
Worker" means a worker performing Covered Transportation Center Services
for a Covered Transportation Center Service Provider.

Subsection 696-a4: Defines "Covered Transportation Center Services"
means work performed at a Covered Transportation Center and includes:
Passenger Related Security Services, Cargo Related and Ramp Services,
In-Terminal and In-Station and Passenger Handling Services, Cleaning
Services, Concession Services.

Subsection 696-a5: Defines the Applicable Standard Rate for subcon-
tracted passenger services shall mean the greater of:

1. 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
New York County; or

2. The wage and benefit rates and paid time off minimums designated in
the prevailing wages schedule by the fiscal officer under Section 230 of
the New York Labor Law applicable to unarmed security guards performing
services in New York City.

Subsection 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 applicable standard rate
for Subcontracted Transportation Center Service Workers.


1. Notwithstanding subsection (a) 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 subsection
(a) 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 Transportation Center
Service Workers in effect pursuant to subsection (a) 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
subsection (a) of this section.

Subsection 696-c: Commissioner's powers of investigation: The commis-
sioner or his authorized representative Shall have power: (a) to inves-
tigate the wages of persons in any occupation in the state;

(b) to enter the place of business or employment of any employer for the
purpose of (1) 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, (2) ascer-
taining whether the provisions of this article and the orders and regu-
lations promulgated hereunder are being complied with; and (c) to
require from any employer full and correct statements and reports in
writing, at such times as the commissioner may deem necessary, of the
wages paid to and the hours worked by his employees.

Subsection 696-d: Records of employers: states

1. For all employees covered by this article, every employer shall
establish, maintain, and preserve for not less than six years contempo-
raneous, 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

2. For all employees who are not exempt from overtime compensation as
established in the commissioner's minimum wage orders or otherwise
provided by New York 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.

3. 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 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 minimum wage,
for each employee, plus such other information as the commissioner deems
material and necessary.



6. Every employer shall keep such records open to inspection by the
commissioner or his duly authorized representative at any reasonable
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 commis-
sioner, posted in a conspicuous place in his 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 article
and of orders, and of digests and summaries thereof, without charge.

9. Employers shall permit the commissioner or his duly authorized repre-
sentative 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.

Subsection 696-e: Penalties: States the amount of fines and conviction
time of those who are in violation of this amendment and punishable
actions such as improper record keeping and paying under minimum wage.

Subsection 696-f: Civil action:

1. by employee. 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 costs all reasonable attorney's fees,
prejudgment interest as required under the civil practice 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 employ-
ee and the employer to work for less than such wage shall be no defense
to such action.

2. by commissioner. On behalf of any employee paid less than the wage to
which the employee is entitled under the provisions of this article, the
commissioner may bring any legal action necessary, including administra-
tive 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
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. Limitation of time. 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
commissioner does not issue an order, until the date on which the
commissioner notifies the complainant that the investigation has
concluded. <1> Investigation by the commissioner shall not be a prereq-
uisite to nor a bar against a person bringing a civil action under this
article.

4. Attorneys' fees. In any civil action by an employee or by the commis-
sioner, 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.

Subsection 696-q: Regulation:

1. The commissioner may promulgate such regulations 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 <1> 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.

Subsection 696-h: Savings Clause: states that 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 circumstances shall not be affected thereby.

Subsection 2: States that this law shall take effect 90 days after it
shall have become a law

 
JUSTIFICATION:

The need for this legislation is apparent as proven by the research
provided below.

A stable, trained, experienced workforce that knows the facilities,
protocols, and chain of communication to report security breaches is
essential to the safe and secure operation of major transportation
centers. The best practice to reduce turnover and encourage retention of
trained and experienced workers is to establish minimum standards for
wages, health benefits, and paid leave and to encourage full-time work
for employees of contractors providing services. For example, when SFO
established a mandated minimum wage plus benefits, and paid leave,
employee turnover fell dramatically while work performance, morale, and
customer service improved.

In order to reduce turnover, and help retain a trained and experienced
service workforce at major transportation centers in New York City, the
proposed legislation amends the minimum wage law to establish a minimum

(wage, benefits and paid leave) compensation standard for Subcontracted
Transportation Center Service Workers.

 
PRIOR LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENT:

None

 
EFFECTIVE DATE:
90 days after enactment.

2017-S6451A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6451--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               May 22, 2017
                                ___________
 
 Introduced  by Sens. PERSAUD, ADDABBO, ALCANTARA, AVELLA, BAILEY, BENJA-
   MIN, BROOKS, CARLUCCI, COMRIE, GIANARIS, HAMILTON, HOYLMAN,  KAMINSKY,
   KENNEDY,  KLEIN, KRUEGER, MONTGOMERY, PARKER, PERALTA, RIVERA, SAVINO,
   SERRANO, STAVISKY -- read twice and ordered printed, and when  printed
   to  be  committed  to  the  Committee  on  Labor -- recommitted to the
   Committee on Labor in accordance with Senate Rule 6, sec. 8 -- commit-
   tee discharged, bill amended, ordered reprinted as amended and  recom-
   mitted to said committee
 
 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD11625-04-7

 S. 6451--A                          2
 
   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.
   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);
   F. AIRCRAFT CATERING SERVICES; PREPARATION, ASSEMBLY  AND/OR  DELIVERY
 OF  FOOD, BEVERAGES, PROVISIONS OR OTHER SUPPLIES FOR OR TO THE AIRCRAFT
 REGARDLESS OF WHETHER PERFORMED AT A COVERED TRANSPORTATION CENTER.
   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

 S. 6451--A                          3
 
 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:
   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.

 S. 6451--A                          4
 
   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
 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.

 S. 6451--A                          5
 
   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
 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.

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