Senate Bill S8955

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8955
 
                             I N  S E N A T E
 
                             September 2, 2020
                                ___________
 
 Introduced by Sen. GOUNARDES -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN  ACT to amend the labor law, in relation to providing hazard payments
   to essential workers during a state disaster emergency
 
   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 section 196-c to
 read as follows:
   § 196-C. ESSENTIAL WORKER HAZARD PAYMENTS. 1. FOR THE PURPOSES OF THIS
 SECTION:
   (A) "ESSENTIAL WORKER" MEANS ANY EMPLOYEE  OF  AN  EMPLOYER  PROVIDING
 ESSENTIAL  SERVICES  OR  FUNCTIONS  DURING  ANY STATE DISASTER EMERGENCY
 DECLARED PURSUANT TO ARTICLE TWO-B OF THE EXECUTIVE LAW  AND  DESIGNATED
 AS  AN  ESSENTIAL WORKER PURSUANT TO ANY LAW, RULE, REGULATION OR EXECU-
 TIVE ORDER INCLUDING BUT NOT LIMITED TO ESSENTIAL HEALTH CARE OPERATIONS
 INCLUDING RESEARCH AND  LABORATORY  SERVICES;  ESSENTIAL  INFRASTRUCTURE
 INCLUDING  UTILITIES,  TELECOMMUNICATION,  AIRPORTS  AND  TRANSPORTATION
 INFRASTRUCTURE; ESSENTIAL RETAIL INCLUDING GROCERY  STORES  AND  PHARMA-
 CIES;  ESSENTIAL SERVICES INCLUDING TRASH COLLECTION, MAIL, AND SHIPPING
 SERVICES; NEWS MEDIA; BANKS AND RELATED FINANCIAL INSTITUTIONS;  PROVID-
 ERS  OF  BASIC  NECESSITIES  TO  ECONOMICALLY DISADVANTAGED POPULATIONS;
 CONSTRUCTION; VENDORS OF ESSENTIAL SERVICES NECESSARY  TO  MAINTAIN  THE
 SAFETY,  SANITATION  AND  ESSENTIAL  OPERATIONS  OF  RESIDENCES OR OTHER
 ESSENTIAL  BUSINESSES;  VENDORS  THAT  PROVIDE  ESSENTIAL  SERVICES   OR
 PRODUCTS,  INCLUDING  LOGISTICS  AND  TECHNOLOGY SUPPORT, CHILD CARE AND
 SERVICES NEEDED TO ENSURE THE CONTINUING OPERATION OF  GOVERNMENT  AGEN-
 CIES AND PROVIDE FOR THE HEALTH, SAFETY AND WELFARE OF THE PUBLIC;
   (B) "EMPLOYER" MEANS A FORMULA RETAIL STORE, LARGE EMPLOYER, TRANSPOR-
 TATION  BUSINESS, OR FRANCHISEE OR SUBCONTRACTOR, AND INCLUDES ANY INDI-
 VIDUAL, PARTNERSHIP, ASSOCIATION, CORPORATION, LIMITED LIABILITY  COMPA-
 NY,  BUSINESS  TRUST,  LEGAL  REPRESENTATIVE,  OR ANY ORGANIZED GROUP OF
 PERSONS ACTING AS SUCH AN EMPLOYER;
   (C) "FORMULA RETAIL STORE" MEANS ANY EMPLOYER THAT OPERATES  A  RETAIL
 SALES OR RESTAURANT ESTABLISHMENT EITHER DIRECTLY OR THROUGH FRANCHISEES
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD16176-02-0

 S. 8955                             2
 
 AND  THAT,  ALONG  WITH  ELEVEN OR MORE OTHER RETAIL SALES OR RESTAURANT
 ESTABLISHMENTS LOCATED IN THE UNITED STATES, MAINTAINS TWO  OR  MORE  OF
 THE  FOLLOWING  FEATURES:  (I)  A  STANDARDIZED  ARRAY OF MERCHANDISE, A
 STANDARDIZED  FACADE,  A  STANDARDIZED DECOR AND COLOR SCHEME, A UNIFORM
 APPAREL, STANDARDIZED SIGNAGE, A TRADEMARK; OR (II) A SERVICEMARK;
   (D) "LARGE EMPLOYER" MEANS ANY EMPLOYER THAT HAS ANNUAL GROSS  REVENUE
 OF FIFTY MILLION DOLLARS OR MORE, BUT SHALL NOT INCLUDE: (I) AN EMPLOYER
 WHOSE  PRINCIPAL  INDUSTRY  IS  MANUFACTURING;  OR (II) A NOT-FOR-PROFIT
 ORGANIZATION. AN EMPLOYER SHALL BE DEEMED TO HAVE ANNUAL  GROSS  REVENUE
 OF  FIFTY MILLION DOLLARS OR MORE IF IT HAD REVENUE AT OR EXCEEDING THAT
 LEVEL IN ANY OF THE PAST THREE FISCAL OR CALENDAR YEARS;
   (E) "MANUFACTURING" MEANS THE PROCESS OF WORKING  RAW  MATERIALS  INTO
 PRODUCTS  SUITABLE FOR USE OR WHICH GIVES NEW SHAPES, NEW QUALITY OR NEW
 COMBINATIONS TO MATTER WHICH HAS ALREADY GONE  THROUGH  SOME  ARTIFICIAL
 PROCESS  BY  THE  USE  OF MACHINERY, TOOLS, APPLIANCES, OR OTHER SIMILAR
 EQUIPMENT;
   (F) "NOT-FOR-PROFIT ORGANIZATION" MEANS AN ENTITY EXEMPT FROM TAXATION
 UNDER SECTION 501(C)(3) OF THE FEDERAL INTERNAL REVENUE CODE;
   (G) "TRANSPORTATION BUSINESS" MEANS ANY INDUSTRY, BUSINESS, OR  ESTAB-
 LISHMENT  OPERATED FOR THE PURPOSE OF CONVEYING PERSONS OR PROPERTY FROM
 ONE PLACE TO ANOTHER WHETHER BY RAIL, HIGHWAY, AIR, OR  WATER,  AND  ALL
 OPERATIONS AND SERVICES IN CONNECTION THEREWITH; AND
   (H)  "FRANCHISEE  OR  SUBCONTRACTOR"  MEANS ANY EMPLOYER THAT OPERATES
 UNDER A FRANCHISE AGREEMENT WITH A FORMULA RETAIL STORE OR LARGE EMPLOY-
 ER, OR THAT PROVIDES SERVICES, INCLUDING BUT NOT LIMITED TO  JANITORIAL,
 MAINTENANCE,  SECURITY,  STAFFING, PASSENGER SERVICES, FOOD SERVICES, OR
 TEMPORARY SERVICES TO A FORMULA RETAIL STORE, LARGE EMPLOYER, OR  TRANS-
 PORTATION BUSINESS.
   2.  DURING  A  STATE  DISASTER  EMERGENCY,  WHEN ESSENTIAL WORKERS ARE
 EXPOSED AS A RESULT OF THEIR WORK ASSIGNMENTS TO AN  UNAVOIDABLE,  CLEAR
 AND  DIRECT RISK AND HAZARD TO SAFETY AND HEALTH, THE COMMISSIONER SHALL
 DIRECT ALL EMPLOYERS OF ESSENTIAL WORKERS TO  MAKE  HAZARD  PAYMENTS  TO
 SUCH  ESSENTIAL  WORKERS.  SUCH PAYMENT SHALL BE A PERCENTAGE OR A FIXED
 DOLLAR AMOUNT, AS PRESCRIBED BY THE COMMISSIONER, PROVIDED, HOWEVER,  NO
 HAZARD PAYMENT SHALL EXCEED TWENTY-FIVE THOUSAND DOLLARS IN ANY YEAR FOR
 ANY  ESSENTIAL WORKER EARNING LESS THAN TWO HUNDRED THOUSAND DOLLARS PER
 YEAR OR FIVE THOUSAND DOLLARS FOR ANY ESSENTIAL WORKER EARNING MORE THAN
 TWO HUNDRED THOUSAND DOLLARS. SUCH PAYMENTS SHALL BE IN ADDITION TO  AND
 SHALL  NOT  BE  PART  OF  AN ESSENTIAL WORKER'S BASIC ANNUAL SALARY, AND
 SHALL  NOT  AFFECT  OR  IMPAIR  ANY  PERFORMANCE  ADVANCEMENT  PAYMENTS,
 PERFORMANCE  AWARDS,  LONGEVITY  PAYMENTS OR OTHER RIGHTS OR BENEFITS TO
 WHICH AN ESSENTIAL WORKER MAY BE ENTITLED. A  HAZARD  PAYMENT  SHALL  BE
 TERMINATED UPON THE CESSATION OF THE STATE DISASTER EMERGENCY.
   3. THE COMMISSIONER SHALL ADOPT REGULATIONS NECESSARY TO CARRY OUT THE
 PROVISIONS OF THIS SECTION.
   § 2. This act shall take effect immediately.