S T A T E O F N E W Y O R K
________________________________________________________________________
6672
2019-2020 Regular Sessions
I N A S S E M B L Y
March 14, 2019
___________
Introduced by M. of A. STECK -- read once and referred to the Committee
on Labor
AN ACT to amend the labor law, in relation to establishing a living wage
rate for emergency medical services personnel
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
LIVING WAGE RATE FOR EMERGENCY MEDICAL SERVICES PERSONNEL
SECTION 696-A. DEFINITIONS.
696-B. LIVING WAGE RATE FOR EMERGENCY MEDICAL SERVICES PERSON-
NEL.
696-C. PAYMENT OF LIVING WAGE.
696-D. IMPLEMENTATION.
696-E. COMMISSIONER'S POWERS OF INVESTIGATION.
696-F. CIVIL ACTION.
§ 696-A. DEFINITIONS. AS USED IN THIS ARTICLE:
1. "EMERGENCY MEDICAL SERVICES PERSONNEL" MEANS THE PERSONNEL OF A
SERVICE OR AGENCY OR MUNICIPALITY OR FIRE DISTRICT ENGAGED IN PROVIDING
INITIAL EMERGENCY MEDICAL ASSISTANCE, INCLUDING BUT NOT LIMITED TO FIRST
RESPONDERS, EMERGENCY MEDICAL TECHNICIANS, ADVANCED EMERGENCY MEDICAL
TECHNICIANS AND PERSONNEL ENGAGED IN PROVIDING HEALTH CARE AT CORREC-
TIONAL FACILITIES, AS THAT TERM IS DEFINED IN SUBDIVISION FOUR OF
SECTION TWO OF THE CORRECTION LAW.
2. "EMPLOYER" MEANS A SERVICE, AGENCY, MUNICIPALITY, MUNICIPALITY OR
FIRE DISTRICT ENGAGED IN PROVIDING INITIAL EMERGENCY MEDICAL ASSISTANCE.
3. "EMPLOYEE" MEANS THE PERSONNEL OF A SERVICE OR AGENCY OR MUNICI-
PALITY OR FIRE DISTRICT ENGAGED IN PROVIDING INITIAL EMERGENCY MEDICAL
ASSISTANCE, INCLUDING BUT NOT LIMITED TO FIRST RESPONDERS, EMERGENCY
MEDICAL TECHNICIANS, ADVANCED EMERGENCY MEDICAL TECHNICIANS AND PERSON-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06022-01-9
A. 6672 2
NEL ENGAGED IN PROVIDING HEALTH CARE AT CORRECTIONAL FACILITIES, AS THAT
TERM IS DEFINED IN SUBDIVISION FOUR OF SECTION TWO OF THE CORRECTION
LAW.
§ 696-B. LIVING WAGE RATE FOR EMERGENCY MEDICAL SERVICES PERSONNEL.
1. BEGINNING ON DECEMBER FIRST, TWO THOUSAND TWENTY, THE LIVING WAGE
RATE FOR EMERGENCY MEDICAL SERVICES PERSONNEL SHALL BE AN HOURLY RATE OF
FIFTEEN DOLLARS.
2. NO LATER THAN JANUARY FIRST OF EACH SUCCESSIVE YEAR, THE COMMIS-
SIONER SHALL CALCULATE AND ESTABLISH AN ADJUSTED LIVING WAGE RATE BY
INCREASING THE THEN CURRENT LIVING WAGE RATE BY THE RATE OF INFLATION
FOR THE MOST RECENT TWELVE MONTH PERIOD AVAILABLE PRIOR TO EACH JANUARY
FIRST USING THE CONSUMER PRICE INDEX-ALL URBAN CONSUMERS, CPI-U, OR A
SUCCESSOR INDEX AS CALCULATED BY THE UNITED STATES DEPARTMENT OF LABOR,
IF SUCH RATE OF INFLATION IS GREATER THAN ZERO PERCENT, OR, IF GREATER,
SUCH OTHER WAGE AS MAY BE ESTABLISHED BY FEDERAL LAW PURSUANT TO 29
U.S.C. SECTION 206 OR ITS SUCCESSORS OR SUCH OTHER WAGE AS MAY BE ESTAB-
LISHED IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE.
§ 696-C. PAYMENT OF LIVING WAGE. 1. AN EMPLOYER SHALL PAY EMPLOYEES AN
HOURLY WAGE OF NO LESS THAN THE LIVING WAGE RATE FOR EACH HOUR THAT THE
EMPLOYEE WORKS WITHIN THE GEOGRAPHIC BOUNDARIES OF THE STATE.
2. THE PROVISIONS OF THIS SECTION MAY BE WAIVED BY THE WRITTEN TERMS
OF A BONA FIDE COLLECTIVE BARGAINING AGREEMENT.
§ 696-D. IMPLEMENTATION. 1. BY DECEMBER FIRST OF EACH YEAR, THE STATE
SHALL PUBLISH AND MAKE AVAILABLE TO APPLICABLE EMPLOYERS A BULLETIN
ANNOUNCING THE ADJUSTED LIVING WAGE AND BENEFITS RATE FOR THE UPCOMING
YEAR, WHICH SHALL TAKE EFFECT ON JANUARY FIRST.
2. BY DECEMBER FIRST OF EACH YEAR, THE STATE SHALL PUBLISH AND MAKE
AVAILABLE TO APPLICABLE EMPLOYERS, IN ENGLISH AND SPANISH, AND ON-LINE,
A NOTICE SUITABLE FOR POSTING IN THE WORKPLACE INFORMING EMPLOYEES OF
THE CURRENT LIVING WAGE AND OF THEIR RIGHTS UNDER THIS ARTICLE.
3. EVERY APPLICABLE EMPLOYER SHALL POST IN A CONSPICUOUS PLACE AT ANY
WORKPLACE OR JOB SITE WHERE AN EMERGENCY MEDICAL SERVICES PERSONNEL
WORKS THE NOTICE PUBLISHED EACH YEAR BY THE AGENCY INFORMING EMPLOYEES
OF THE CURRENT LIVING WAGE AND OF THEIR RIGHTS UNDER THIS ARTICLE.
4. EMPLOYERS SHALL RETAIN PAYROLL RECORDS PERTAINING TO EMPLOYEES FOR
A PERIOD OF FOUR YEARS. EMPLOYERS SHALL PERMIT AN EMPLOYEE OR AN
EMPLOYEE'S DESIGNATED REPRESENTATIVE TO INSPECT THE EMPLOYER'S PAYROLL
PERTAINING TO THE EMPLOYEE.
§ 696-E. COMMISSIONER'S POWERS OF INVESTIGATION. THE COMMISSIONER OR
HIS OR HER AUTHORIZED REPRESENTATIVE SHALL HAVE POWER TO:
1. INVESTIGATE THE WAGES OF EMPLOYEES IN THE STATE;
2. ENTER THE PLACE OF BUSINESS OR EMPLOYMENT OF THE 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 AN EMPLOYEE; AND
(B) ASCERTAINING WHETHER THE PROVISIONS OF THIS ARTICLE AND THE ORDER
AND REGULATIONS PROMULGATED HEREUNDER ARE BEING COMPLIED WITH; AND
3. 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 OR HER EMPLOYEES.
§ 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 COSTS, ALL REASON-
ABLE ATTORNEYS' FEES, PREJUDGMENT INTEREST AS REQUIRED UNDER THE CIVIL
A. 6672 3
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 AGREE-
MENT 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
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.
§ 2. Severability. If any clause, sentence, paragraph, section or part
of this act shall be adjudged by any court of competent jurisdiction to
be invalid and after exhaustion of all further judicial review, the
judgment shall not affect, impair or invalidate the remainder thereof,
but shall be confined in its operation to the clause, sentence, para-
graph, section or part of this act directly involved in the controversy
in which the judgment shall have been rendered.
§ 3. This act shall take effect on the ninetieth day after it shall
have become a law.