Senate Bill S6266

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6266--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               May 31, 2019
                                ___________
 
 Introduced  by  Sens.  BIAGGI, GOUNARDES, JACKSON, SKOUFIS -- 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 enacting the "healthy
   terminals act"

   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 "healthy
 terminals act".
   § 2. The labor law is amended by adding a new article 19-D to read  as
 follows:
 
                               ARTICLE 19-D
       MINIMUM WAGE RATES FOR TRANSPORTATION CENTER SERVICE WORKERS
 
 SECTION 696-A. DEFINITIONS.
         696-B. DESIGNATION  BY COMMISSIONER OF APPLICABLE STANDARD RATES
                  FOR COVERED TRANSPORTATION CENTER SERVICE WORKERS.
         696-C. MINIMUM  WAGE  RATE  FOR  COVERED  TRANSPORTATION  CENTER
                  SERVICE WORKERS.
         696-D. COMMISSIONER'S POWERS OF INVESTIGATION.
         696-E. RECORDS OF EMPLOYERS.
         696-F. PENALTIES.
         696-G. CIVIL ACTION.
         696-H. REGULATIONS.
         696-I. SAVINGS CLAUSE.
 
   § 696-A. DEFINITIONS. AS USED IN THIS ARTICLE: 1. "COVERED TRANSPORTA-
 TION  CENTER"  MEANS  JOHN  F.  KENNEDY INTERNATIONAL AIRPORT, LAGUARDIA
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13042-04-9
              

 S. 6266--A                          2
 
 AIRPORT, NEW YORK STEWART INTERNATIONAL AIRPORT, THE PORT AUTHORITY  BUS
 TERMINAL, PENNSYLVANIA STATION AND GRAND CENTRAL STATION.
   2. "COVERED TRANSPORTATION CENTER WORKER" MEANS ANY PERSON EMPLOYED TO
 PERFORM  WORK  AT A COVERED TRANSPORTATION CENTER PROVIDED AT LEAST ONE-
 HALF OF THE EMPLOYEE'S TIME  DURING  ANY  WORKWEEK  IS  PERFORMED  AT  A
 COVERED  TRANSPORTATION  CENTER.    COVERED TRANSPORTATION CENTER WORKER
 SHALL NOT INCLUDE PERSONS EMPLOYED IN AN EXECUTIVE,  ADMINISTRATIVE,  OR
 PROFESSIONAL CAPACITY AS DEFINED IN SUBPARAGRAPH ONE OF PARAGRAPH (A) OF
 SECTION THIRTEEN OF THE FAIR LABOR STANDARDS ACT OF 1928.
   3.  "FRANCHISEE"  MEANS  A  PERSON  TO  WHOM A FRANCHISE IS OFFERED OR
 GRANTED;
   4. "FRANCHISOR" MEANS A PERSON  WHO  GRANTS  A  FRANCHISE  TO  ANOTHER
 PERSON;
   5.  "COVERED EMPLOYER" MEANS ALL EMPLOYERS THAT EMPLOY MORE THAN FIFTY
 EMPLOYEES, REGARDLESS OF WHERE THOSE EMPLOYEES  ARE  EMPLOYED,  AND  ALL
 FRANCHISEES ASSOCIATED WITH A FRANCHISOR OR A NETWORK OF FRANCHISES WITH
 FRANCHISEES THAT EMPLOY MORE THAN FIFTY EMPLOYEES IN AGGREGATE;
   6. THE "STANDARD WAGE RATE" MEANS:
   (A) EFFECTIVE SEPTEMBER FIRST, TWO THOUSAND TWENTY, THE GREATER OF:
   (I) ONE DOLLAR MORE THAN ANY MINIMUM WAGE RATE THAT WOULD BE OTHERWISE
 APPLICABLE  TO  COVERED  TRANSPORTATION CENTER SERVICE WORKERS UNDER ANY
 FEDERAL, STATE, OR LOCAL LAW OR POLICY; OR
   (II) ANY POLICY OF THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY.
   (B) EFFECTIVE SEPTEMBER FIRST, TWO THOUSAND TWENTY-ONE THE GREATER OF:
   (I) TWO DOLLARS MORE THAN ANY MINIMUM WAGE RATE THAT WOULD  BE  OTHER-
 WISE  APPLICABLE  TO COVERED TRANSPORTATION CENTER SERVICE WORKERS UNDER
 ANY FEDERAL, STATE, OR LOCAL LAW OR POLICY; OR
   (II) ANY POLICY OF THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY.
   (C) EFFECTIVE SEPTEMBER FIRST, TWO THOUSAND TWENTY-TWO THE GREATER OF:
   (I) THREE DOLLARS MORE THAN ANY MINIMUM WAGE RATE THAT WOULD BE OTHER-
 WISE APPLICABLE TO COVERED TRANSPORTATION CENTER SERVICE  WORKERS  UNDER
 ANY FEDERAL, STATE, OR LOCAL LAW OR POLICY; OR
   (II) ANY POLICY OF THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY.
   (D)  EFFECTIVE  SEPTEMBER FIRST, TWO THOUSAND TWENTY-THREE THE GREATER
 OF:
   (I) FOUR DOLLARS MORE THAN ANY MINIMUM WAGE RATE THAT WOULD BE  OTHER-
 WISE  APPLICABLE  TO COVERED TRANSPORTATION CENTER SERVICE WORKERS UNDER
 ANY FEDERAL, STATE, OR LOCAL LAW OR POLICY; OR
   (II) ANY POLICY OF THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY.
   (E) EFFECTIVE SEPTEMBER FIRST,  TWO  THOUSAND  TWENTY-FOUR,  AND  EACH
 SEPTEMBER FIRST THEREAFTER, THE GREATER OF:
   (I)  FOUR DOLLARS MORE THAN ANY MINIMUM WAGE RATE THAT WOULD BE OTHER-
 WISE APPLICABLE TO COVERED TRANSPORTATION CENTER SERVICE  WORKERS  UNDER
 ANY FEDERAL, STATE, OR LOCAL LAW OR POLICY;
   (II) ANY POLICY OF THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY; OR
   (III)  THE  WAGE  RATE  DESIGNATED BY THE COMMISSIONER THE IMMEDIATELY
 PRECEDING AUGUST FIRST BASED ON THE DETERMINATIONS MADE BY  THE  FEDERAL
 GENERAL  SERVICES ADMINISTRATION PURSUANT TO THE MCNAMARA-O'HARA SERVICE
 CONTRACT ACT OF 1965, FOR THE CLASSIFICATION OF "GUARD I" FOR THE COUNTY
 IN WHICH THE COVERED TRANSPORTATION CENTER IS LOCATED.
   7. THE "STANDARD BENEFITS SUPPLEMENT RATE" MEANS  EFFECTIVE  SEPTEMBER
 FIRST,  TWO  THOUSAND  TWENTY  AND  EACH SEPTEMBER FIRST THEREAFTER, THE
 SUPPLEMENTAL BENEFITS RATE DESIGNATED BY THE COMMISSIONER THE IMMEDIATE-
 LY PRECEDING AUGUST FIRST, BASED ON THE DETERMINATION MADE BY THE FEDER-
 AL  GENERAL  SERVICE  ADMINISTRATION  PURSUANT  TO  THE  MCNAMARA-O'HARA

 S. 6266--A                          3
 
 SERVICE  CONTRACT  ACT  OF 1965, FOR THE CLASSIFICATION OF "GUARD I" FOR
 THE COUNTY IN WHICH THE COVERED TRANSPORTATION CENTER IS LOCATED.
   8. THE "STANDARD PAID LEAVE RATE" MEANS EFFECTIVE SEPTEMBER FIRST, TWO
 THOUSAND  TWENTY  AND  EACH  SEPTEMBER  FIRST THEREAFTER, THE PAID LEAVE
 REQUIREMENTS DESIGNATED BY THE COMMISSIONER  THE  IMMEDIATELY  PRECEDING
 AUGUST  FIRST,  BASED  ON THE DETERMINATIONS MADE BY THE FEDERAL GENERAL
 SERVICES ADMINISTRATION PURSUANT TO THE MCNAMARA-O'HARA SERVICE CONTRACT
 ACT OF 1965, FOR THE CLASSIFICATION OF "GUARD I" FOR THE COUNTY IN WHICH
 THE COVERED TRANSPORTATION CENTER IS LOCATED.
   9. THE "APPLICABLE STANDARD RATE" SHALL MEAN A COMBINATION OF (A)  THE
 STANDARD WAGE RATE; (B) THE STANDARD BENEFITS SUPPLEMENTAL RATE, AND (C)
 THE STANDARD PAID LEAVE RATE.
   §  696-B. DESIGNATION BY COMMISSIONER OF APPLICABLE STANDARD RATES FOR
 COVERED TRANSPORTATION CENTER SERVICE WORKERS. 1. ON AUGUST  FIRST,  TWO
 THOUSAND  TWENTY AND EACH SUBSEQUENT AUGUST FIRST THE COMMISSIONER SHALL
 DESIGNATE THE SUPPLEMENTAL BENEFITS RATE  AND  PAID  LEAVE  REQUIREMENTS
 REQUIRED  UNDER  DETERMINATIONS  MADE  BY  THE  FEDERAL GENERAL SERVICES
 ADMINISTRATION PURSUANT TO THE MCNAMARA-O'HARA SERVICE CONTRACT  ACT  OF
 1965,  FOR  THE  CLASSIFICATION OF "GUARD I" FOR THE COUNTY IN WHICH THE
 COVERED TRANSPORTATION CENTER IS LOCATED. THE COMMISSIONER SHALL PUBLIC-
 LY POST SUCH DESIGNATED  SUPPLEMENTAL  BENEFITS  RATES  AND  PAID  LEAVE
 REQUIREMENTS.
   2.  ON  AUGUST  FIRST,  TWO  THOUSAND  TWENTY-FOUR AND EACH SUBSEQUENT
 AUGUST FIRST, THE COMMISSIONER SHALL  ADDITIONALLY  DESIGNATE  THE  WAGE
 RATE  REQUIRED UNDER DETERMINATIONS MADE BY THE FEDERAL GENERAL SERVICES
 ADMINISTRATION PURSUANT TO THE MCNAMARA-O'HARA SERVICE CONTRACT  ACT  OF
 1965,  FOR  THE  CLASSIFICATION OF "GUARD I" FOR THE COUNTY IN WHICH THE
 COVERED TRANSPORTATION CENTER IS LOCATED. THE COMMISSIONER SHALL PUBLIC-
 LY POST SUCH DESIGNATED WAGE RATE.
   § 696-C. MINIMUM WAGE RATE FOR COVERED TRANSPORTATION  CENTER  SERVICE
 WORKERS.  1.    ALL  COVERED  EMPLOYERS  SHALL ENSURE THAT EVERY COVERED
 TRANSPORTATION CENTER WORKER IS COMPENSATED AT A RATE THAT  IS  NO  LESS
 THAN THE APPLICABLE STANDARD RATE.
   2.  NOTWITHSTANDING  SUBDIVISION ONE OF THIS SECTION, THE MINIMUM WAGE
 RATE FOR A COVERED TRANSPORTATION CENTER WORKER WHO IS  A  FOOD  SERVICE
 WORKER RECEIVING TIPS SHALL BE A CASH WAGE OF AT LEAST TWO-THIRDS OF THE
 MINIMUM  WAGE RATE SET FORTH IN SUBDIVISION 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 COVERED TRANSPORTATION CENTER WORKERS  IN  EFFECT  PURSUANT  TO
 SUBDIVISION  ONE  OF  THIS  SECTION.    FOOD  SERVICE WORKERS SHALL ALSO
 RECEIVE THE FULL AMOUNT OF BENEFITS AND PAID LEAVE MINIMUMS AS  PROVIDED
 UNDER SECTION SIX HUNDRED NINETY-SIX-B OF THIS ARTICLE.
   §  696-D.  COMMISSIONER'S POWERS OF INVESTIGATION. THE COMMISSIONER OR
 HIS OR HER AUTHORIZED REPRESENTATIVE SHALL HAVE THE POWER TO:
   1. INVESTIGATE THE COMPENSATION OF COVERED TRANSPORTATION CENTER WORK-
 ERS IN THE STATE;
   2. 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 COMPENSATION PROVIDED TO, OR THE HOURS WORKED BY ANY EMPLOYEES,
 AND  (B)  ASCERTAINING  WHETHER  THE  PROVISIONS OF THIS ARTICLE AND THE
 RULES 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
 COMPENSATION PROVIDED TO AND THE HOURS BY SUCH EMPLOYER'S EMPLOYEES.

 S. 6266--A                          4
 
   §  696-E.  RECORDS  OF  EMPLOYERS.  FOR EVERY EMPLOYEE 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  COMPENSATION
 PROVIDED, PLUS SUCH OTHER INFORMATION AS THE COMMISSIONER DEEMS MATERIAL
 AND  NECESSARY.    FOR ALL COVERED TRANSPORTATION CENTER WORKERS WHO ARE
 NOT EXEMPT FROM OVERTIME COMPENSATION AS ESTABLISHED IN THE  COMMISSION-
 ER'S  MINIMUM  WAGE  ORDERS OR OTHERWISE PROVIDED BY LAW, RULE, OR REGU-
 LATION, THE PAYROLL RECORDS SHALL INCLUDE THE COMPENSATION PROVIDED  AND
 THE  REGULAR  HOURLY RATE OR RATES OF PAY, THE OVERTIME RATE OR RATES OF
 PAY, THE NUMBER OF REGULAR HOURS WORKED, THE NUMBER  OF  OVERTIME  HOURS
 WORKED  AND  THE COST OF BENEFITS AND/OR BENEFIT SUPPLEMENTS. 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 COMPENSATION, FOR EACH COVERED TRANSPORTATION WORKER, PLUS SUCH
 OTHER  INFORMATION  AS  THE  COMMISSIONER  DEEMS MATERIAL AND NECESSARY.
 EVERY EMPLOYER SHALL KEEP SUCH RECORDS OPEN TO INSPECTION BY THE COMMIS-
 SIONER OR HIS OR HER DULY AUTHORIZED REPRESENTATIVE  AT  ANY  REASONABLE
 TIME.  EVERY  EMPLOYER  OF  A COVERED TRANSPORTATION WORKER SHALL KEEP A
 DIGEST AND SUMMARY OF THIS  ARTICLE  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. EMPLOYERS SHALL, ON REQUEST, BE
 FURNISHED WITH COPIES OF THIS ARTICLE AND OF ORDERS, AND OF DIGESTS  AND
 SUMMARIES  THEREOF,  WITHOUT  CHARGE. EMPLOYERS SHALL PERMIT THE COMMIS-
 SIONER OR HIS OR HER 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.
   § 696-F. PENALTIES.  1. ANY EMPLOYER OR HIS OR HER AGENT, OR THE OFFI-
 CER  OR  AGENT  OF  ANY  CORPORATION,  PARTNERSHIP, OR LIMITED LIABILITY
 COMPANY, WHO PAYS OR AGREES TO PAY TO ANY EMPLOYEE LESS THAN THE  APPLI-
 CABLE  STANDARD RATE 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
 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 APPLICABLE STANDARD RATE 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

 S. 6266--A                          5
 
 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-G.  CIVIL  ACTION.  1.  IF  ANY  EMPLOYEE IS PAID BY HIS OR HER
 EMPLOYER LESS THAN THE APPLICABLE STANDARD RATE 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 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 APPLICABLE STANDARD RATE SHALL BE NO DEFENSE TO SUCH ACTION.
   2.  ON  BEHALF  OF ANY EMPLOYEE PAID LESS THAN THE APPLICABLE STANDARD
 RATE TO WHICH THE EMPLOYEE IS ENTITLED  UNDER  THE  PROVISIONS  OF  THIS
 ARTICLE,  THE COMMISSIONER MAY BRING ANY LEGAL ACTION NECESSARY, INCLUD-
 ING 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 UNDER-
 PAYMENT  WAS  IN COMPLIANCE WITH THE LAW, AN ADDITIONAL AMOUNT AS LIQUI-
 DATED DAMAGES. LIQUIDATED DAMAGES SHALL BE CALCULATED BY THE COMMISSION-
 ER 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  UNDER-
 PAYMENTS 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.

 S. 6266--A                          6
 
   §  696-H.  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 COMPENSATION 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-I. 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.
   § 3. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6266--B
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               May 31, 2019
                                ___________
 
 Introduced  by Sens. BIAGGI, COMRIE, GOUNARDES, HARCKHAM, HOYLMAN, JACK-
   SON, LIU, MAYER, METZGER, RAMOS, SKOUFIS, THOMAS  --  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 -- committee discharged,
   bill amended, ordered reprinted as amended  and  recommitted  to  said
   committee
 
 AN  ACT  to  amend  the  labor law, in relation to enacting the "healthy
   terminals act"
 
   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 "healthy
 terminals act".
   § 2. The labor law is amended by adding a new article 19-D to read  as
 follows:
 
                               ARTICLE 19-D
       MINIMUM WAGE RATES FOR TRANSPORTATION CENTER SERVICE WORKERS
 
 SECTION 696-A. DEFINITIONS.
         696-B. DESIGNATION  BY COMMISSIONER OF APPLICABLE STANDARD RATES
                  FOR COVERED TRANSPORTATION CENTER SERVICE WORKERS.
         696-C. MINIMUM  WAGE  RATE  FOR  COVERED  TRANSPORTATION  CENTER
                  SERVICE WORKERS.
         696-D. COMMISSIONER'S POWERS OF INVESTIGATION.
         696-E. RECORDS OF EMPLOYERS.
         696-F. PENALTIES.
         696-G. CIVIL ACTION.
         696-H. REGULATIONS.
         696-I. SAVINGS CLAUSE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13042-05-9
              

 S. 6266--B                          2
 
   § 696-A. DEFINITIONS. AS USED IN THIS ARTICLE: 1. "COVERED TRANSPORTA-
 TION  CENTER"  MEANS  JOHN  F.  KENNEDY INTERNATIONAL AIRPORT, LAGUARDIA
 AIRPORT, NEW YORK STEWART INTERNATIONAL AIRPORT, THE PORT AUTHORITY  BUS
 TERMINAL, PENNSYLVANIA STATION AND GRAND CENTRAL STATION.
   2. "COVERED TRANSPORTATION CENTER WORKER" MEANS ANY PERSON EMPLOYED TO
 PERFORM  WORK  AT A COVERED TRANSPORTATION CENTER PROVIDED AT LEAST ONE-
 HALF OF THE EMPLOYEE'S TIME  DURING  ANY  WORKWEEK  IS  PERFORMED  AT  A
 COVERED  TRANSPORTATION  CENTER, PROVIDED, HOWEVER, WORK PERFORMED FOR A
 MERCANTILE ESTABLISHMENT, A RESTAURANT  OR  OTHER  EATING  PLACE,  OR  A
 DRINKING  PLACE SHALL NOT COUNT AS WORK PERFORMED AT A COVERED TRANSPOR-
 TATION CENTER FOR THE PURPOSES OF THIS ARTICLE.  COVERED  TRANSPORTATION
 CENTER WORKER SHALL NOT INCLUDE PERSONS EMPLOYED IN AN EXECUTIVE, ADMIN-
 ISTRATIVE,  OR  PROFESSIONAL  CAPACITY AS DEFINED IN SUBPARAGRAPH ONE OF
 PARAGRAPH (A) OF SECTION THIRTEEN OF THE FAIR  LABOR  STANDARDS  ACT  OF
 1938.
   3. THE "STANDARD WAGE RATE" MEANS:
   (A) EFFECTIVE SEPTEMBER FIRST, TWO THOUSAND TWENTY THE GREATER OF:
   (I) ONE DOLLAR MORE THAN ANY MINIMUM WAGE RATE THAT WOULD BE OTHERWISE
 APPLICABLE  TO COVERED TRANSPORTATION CENTER SERVICE WORKERS ESTABLISHED
 BY ARTICLE NINETEEN OF THIS CHAPTER; OR
   (II) ANY OTHERWISE APPLICABLE MINIMUM WAGE RATE ESTABLISHED THROUGH  A
 POLICY OF THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY.
   (B) EFFECTIVE SEPTEMBER FIRST, TWO THOUSAND TWENTY-ONE THE GREATER OF:
   (I)  TWO  DOLLARS MORE THAN ANY MINIMUM WAGE RATE THAT WOULD BE OTHER-
 WISE APPLICABLE TO COVERED TRANSPORTATION CENTER SERVICE WORKERS  ESTAB-
 LISHED BY ARTICLE NINETEEN OF THIS CHAPTER; OR
   (II)  ANY OTHERWISE APPLICABLE MINIMUM WAGE RATE ESTABLISHED THROUGH A
 POLICY OF THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY.
   (C) EFFECTIVE SEPTEMBER FIRST, TWO THOUSAND TWENTY-TWO THE GREATER OF:
   (I) THREE DOLLARS MORE THAN ANY MINIMUM WAGE RATE THAT WOULD BE OTHER-
 WISE APPLICABLE TO COVERED TRANSPORTATION CENTER SERVICE WORKERS SET  BY
 ANY FEDERAL OR STATE MINIMUM WAGE LAW; OR
   (II)  ANY OTHERWISE APPLICABLE MINIMUM WAGE RATE ESTABLISHED THROUGH A
 POLICY OF THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY.
   (D) EFFECTIVE SEPTEMBER FIRST, TWO THOUSAND TWENTY-THREE  THE  GREATER
 OF:
   (I)  FOUR DOLLARS MORE THAN ANY MINIMUM WAGE RATE THAT WOULD BE OTHER-
 WISE APPLICABLE TO COVERED TRANSPORTATION CENTER SERVICE WORKERS  ESTAB-
 LISHED BY ARTICLE NINETEEN OF THIS CHAPTER; OR
   (II)  ANY OTHERWISE APPLICABLE MINIMUM WAGE RATE ESTABLISHED THROUGH A
 POLICY OF THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY.
   (E) EFFECTIVE SEPTEMBER FIRST,  TWO  THOUSAND  TWENTY-FOUR,  AND  EACH
 SEPTEMBER FIRST THEREAFTER, THE GREATER OF:
   (I)  FOUR DOLLARS MORE THAN ANY MINIMUM WAGE RATE THAT WOULD BE OTHER-
 WISE APPLICABLE TO COVERED TRANSPORTATION CENTER SERVICE WORKERS  ESTAB-
 LISHED BY ARTICLE NINETEEN OF THIS CHAPTER;
   (II)  ANY OTHERWISE APPLICABLE MINIMUM WAGE RATE ESTABLISHED THROUGH A
 POLICY OF THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY; OR
   (III) AN AMOUNT EQUAL TO THE WAGE RATE DESIGNATED BY THE  COMMISSIONER
 THE  IMMEDIATELY PRECEDING AUGUST FIRST BASED ON THE DETERMINATIONS MADE
 BY THE UNITED STATES DEPARTMENT OF LABOR PURSUANT TO THE MCNAMARA-O'HARA
 SERVICE CONTRACT ACT OF 1965 (41 U.S.C. §6701, ET SEQ.), FOR THE CLASSI-
 FICATION OF "GUARD I" FOR THE COUNTY IN WHICH THE COVERED TRANSPORTATION
 CENTER IS LOCATED.
   4. THE "STANDARD BENEFITS SUPPLEMENT RATE" MEANS AN HOURLY  SUPPLEMENT
 FURNISHED  BY  A CONTRACTOR TO AN EMPLOYEE IN ONE OF THE FOLLOWING WAYS:

 S. 6266--B                          3

 (A) IN THE FORM OF HEALTH AND OTHER BENEFITS (NOT INCLUDING PAID  LEAVE)
 THAT  COST  THE EMPLOYER THE ENTIRE REQUIRED HOURLY SUPPLEMENTAL AMOUNT;
 (B) BY PROVIDING A PORTION OF THE REQUIRED HOURLY SUPPLEMENT IN THE FORM
 OF  HEALTH AND OTHER BENEFITS (NOT INCLUDING PAID LEAVE) AND THE BALANCE
 IN CASH; OR (C) BY PROVIDING THE ENTIRE SUPPLEMENT  IN  CASH.  EFFECTIVE
 SEPTEMBER  FIRST, TWO THOUSAND TWENTY AND EACH SEPTEMBER FIRST THEREAFT-
 ER, THE REQUIRED HOURLY SUPPLEMENTAL RATES SHALL BE AN AMOUNT  EQUAL  TO
 THE  SUPPLEMENTAL BENEFITS RATE DESIGNATED BY THE COMMISSIONER THE IMME-
 DIATELY PRECEDING AUGUST FIRST, BASED ON THE DETERMINATION MADE  BY  THE
 UNITED  STATES  DEPARTMENT  OF  LABOR  PURSUANT  TO  THE MCNAMARA-O'HARA
 SERVICE CONTRACT ACT OF 1965 (41 U.S.C. §6701, ET SEQ.), FOR THE CLASSI-
 FICATION OF "GUARD I" FOR THE COUNTY IN WHICH THE COVERED TRANSPORTATION
 CENTER IS LOCATED.
   5. THE "STANDARD PAID LEAVE RATE" MEANS EFFECTIVE SEPTEMBER FIRST, TWO
 THOUSAND TWENTY AND EACH SEPTEMBER  FIRST  THEREAFTER,  THE  PAID  LEAVE
 REQUIREMENTS  DESIGNATED  BY  THE COMMISSIONER THE IMMEDIATELY PRECEDING
 AUGUST FIRST, BASED ON THE DETERMINATIONS  MADE  BY  THE  UNITED  STATES
 DEPARTMENT OF LABOR PURSUANT TO THE MCNAMARA-O'HARA SERVICE CONTRACT ACT
 OF  1965 (41 U.S.C. §6701, ET SEQ.), FOR THE CLASSIFICATION OF "GUARD I"
 FOR THE COUNTY IN WHICH THE COVERED TRANSPORTATION CENTER IS LOCATED.
   6. THE "APPLICABLE STANDARD RATE" SHALL MEAN A COMBINATION OF (A)  THE
 STANDARD WAGE RATE; (B) THE STANDARD BENEFITS SUPPLEMENTAL RATE, AND (C)
 THE STANDARD PAID LEAVE RATE.
   7.  "MERCANTILE  ESTABLISHMENT"  SHALL  MEAN A PLACE WHERE ONE OR MORE
 PERSONS ARE EMPLOYED IN WHICH GOODS, WARES OR  MERCHANDISE  ARE  OFFERED
 FOR SALE.
   8.  "RESTAURANTS  AND  OTHER  EATING PLACES" SHALL MEAN ESTABLISHMENTS
 PRIMARILY ENGAGED IN ONE OF THE FOLLOWING: (A) PROVIDING  FOOD  SERVICES
 TO  PATRONS WHO ORDER AND ARE SERVED WHILE SEATED (I.E., WAITER/WAITRESS
 SERVICE) AND PAY AFTER EATING; (B) PROVIDING FOOD  SERVICES  TO  PATRONS
 WHO  GENERALLY  ORDER  OR  SELECT ITEMS (E.G., AT A COUNTER, IN A BUFFET
 LINE, OR AT A COMPUTER TERMINAL) AND PAY BEFORE EATING; OR (C) PREPARING
 AND/OR SERVING A SPECIALTY SNACK (E.G., ICE CREAM, FROZEN YOGURT,  COOK-
 IES)  AND/OR  NONALCOHOLIC  BEVERAGES  (E.G., COFFEE, JUICES, SODAS) FOR
 CONSUMPTION ON OR NEAR THE PREMISES.
   9. "DRINKING PLACES" SHALL MEAN ESTABLISHMENTS KNOWN AS BARS, TAVERNS,
 NIGHTCLUBS, OR DRINKING PLACES PRIMARILY ENGAGED IN PREPARING AND  SERV-
 ING  ALCOHOLIC BEVERAGES FOR IMMEDIATE CONSUMPTION. THESE ESTABLISHMENTS
 MAY ALSO PROVIDE LIMITED FOOD SERVICES.
   § 696-B. DESIGNATION BY COMMISSIONER OF APPLICABLE STANDARD RATES  FOR
 COVERED  TRANSPORTATION  CENTER SERVICE WORKERS. 1. ON AUGUST FIRST, TWO
 THOUSAND TWENTY AND EACH SUBSEQUENT AUGUST FIRST THE COMMISSIONER  SHALL
 DESIGNATE  THE  SUPPLEMENTAL  BENEFITS  RATE AND PAID LEAVE REQUIREMENTS
 REQUIRED UNDER DETERMINATIONS MADE BY THE UNITED  STATES  DEPARTMENT  OF
 LABOR  PURSUANT  TO THE MCNAMARA-O'HARA SERVICE CONTRACT ACT OF 1965 (41
 U.S.C. §6701, ET SEQ.), FOR THE CLASSIFICATION  OF  "GUARD  I"  FOR  THE
 COUNTY  IN  WHICH  THE  COVERED  TRANSPORTATION  CENTER  IS LOCATED. THE
 COMMISSIONER SHALL PUBLICLY POST SUCH DESIGNATED  SUPPLEMENTAL  BENEFITS
 RATES AND PAID LEAVE REQUIREMENTS.
   2.  ON  AUGUST  FIRST,  TWO  THOUSAND  TWENTY-FOUR AND EACH SUBSEQUENT
 AUGUST FIRST, THE COMMISSIONER SHALL  ADDITIONALLY  DESIGNATE  THE  WAGE
 RATE  REQUIRED UNDER DETERMINATIONS MADE BY THE FEDERAL GENERAL SERVICES
 ADMINISTRATION PURSUANT TO THE MCNAMARA-O'HARA SERVICE CONTRACT  ACT  OF
 1965  (41  U.S.C.  § 6701, ET SEQ.)  FOR THE CLASSIFICATION OF "GUARD I"
 FOR THE COUNTY IN WHICH THE COVERED TRANSPORTATION  CENTER  IS  LOCATED.
 THE COMMISSIONER SHALL PUBLICLY POST SUCH DESIGNATED WAGE RATE.

 S. 6266--B                          4
 
   §  696-C.  MINIMUM WAGE RATE FOR COVERED TRANSPORTATION CENTER SERVICE
 WORKERS. ALL COVERED EMPLOYERS SHALL ENSURE THAT EVERY COVERED TRANSPOR-
 TATION CENTER WORKER IS COMPENSATED AT A RATE THAT IS NO LESS  THAN  THE
 APPLICABLE  STANDARD  RATE. NOTHING IN THIS ARTICLE SHALL ALTER OR LIMIT
 ANY  EMPLOYER'S  OBLIGATION  TO  PAY ANY OTHERWISE APPLICABLE PREVAILING
 WAGE UNDER ARTICLE EIGHT OR NINE OF THIS CHAPTER.
   § 696-D. COMMISSIONER'S POWERS OF INVESTIGATION. THE  COMMISSIONER  OR
 HIS OR HER AUTHORIZED REPRESENTATIVE SHALL HAVE THE POWER TO:
   1. INVESTIGATE THE COMPENSATION OF COVERED TRANSPORTATION CENTER WORK-
 ERS IN THE STATE;
   2.  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 COMPENSATION PROVIDED TO, OR THE HOURS WORKED BY ANY EMPLOYEES,
 AND (B) ASCERTAINING WHETHER THE PROVISIONS  OF  THIS  ARTICLE  AND  THE
 RULES 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
 COMPENSATION PROVIDED TO AND THE HOURS BY SUCH EMPLOYER'S EMPLOYEES.
   § 696-E. RECORDS OF EMPLOYERS. FOR  EVERY  EMPLOYEE  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  COMPENSATION
 PROVIDED, PLUS SUCH OTHER INFORMATION AS THE COMMISSIONER DEEMS MATERIAL
 AND NECESSARY.  FOR ALL COVERED TRANSPORTATION CENTER  WORKERS  WHO  ARE
 NOT  EXEMPT FROM OVERTIME COMPENSATION AS ESTABLISHED IN THE COMMISSION-
 ER'S MINIMUM WAGE ORDERS OR OTHERWISE PROVIDED BY LAW,  RULE,  OR  REGU-
 LATION,  THE PAYROLL RECORDS SHALL INCLUDE THE COMPENSATION PROVIDED AND
 THE REGULAR HOURLY RATE OR RATES OF PAY, THE OVERTIME RATE OR  RATES  OF
 PAY,  THE  NUMBER  OF REGULAR HOURS WORKED, THE NUMBER OF OVERTIME HOURS
 WORKED AND THE COST OF BENEFITS AND/OR BENEFIT SUPPLEMENTS.  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 COMPENSATION, FOR EACH COVERED TRANSPORTATION WORKER, PLUS SUCH
 OTHER INFORMATION AS THE  COMMISSIONER  DEEMS  MATERIAL  AND  NECESSARY.
 EVERY EMPLOYER SHALL KEEP SUCH RECORDS OPEN TO INSPECTION BY THE COMMIS-
 SIONER  OR  HIS  OR HER DULY AUTHORIZED REPRESENTATIVE AT ANY REASONABLE
 TIME. EVERY EMPLOYER OF A COVERED TRANSPORTATION  WORKER  SHALL  KEEP  A
 DIGEST  AND  SUMMARY  OF  THIS  ARTICLE  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. EMPLOYERS SHALL, ON REQUEST,  BE
 FURNISHED  WITH COPIES OF THIS ARTICLE AND OF ORDERS, AND OF DIGESTS AND
 SUMMARIES THEREOF, WITHOUT CHARGE. EMPLOYERS SHALL  PERMIT  THE  COMMIS-
 SIONER  OR HIS OR HER 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.
   § 696-F. PENALTIES.  1. ANY EMPLOYER OR HIS OR HER AGENT, OR THE OFFI-
 CER OR AGENT OF  ANY  CORPORATION,  PARTNERSHIP,  OR  LIMITED  LIABILITY
 COMPANY,  WHO PAYS OR AGREES TO PAY TO ANY EMPLOYEE LESS THAN THE APPLI-
 CABLE STANDARD RATE 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

 S. 6266--B                          5

 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 APPLICABLE STANDARD RATE 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-G.  CIVIL  ACTION.  1.  IF  ANY  EMPLOYEE IS PAID BY HIS OR HER
 EMPLOYER LESS THAN THE APPLICABLE STANDARD RATE 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 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 APPLICABLE STANDARD RATE SHALL BE NO DEFENSE TO SUCH ACTION.
   2.  ON  BEHALF  OF ANY EMPLOYEE PAID LESS THAN THE APPLICABLE STANDARD
 RATE TO WHICH THE EMPLOYEE IS ENTITLED  UNDER  THE  PROVISIONS  OF  THIS
 ARTICLE,  THE COMMISSIONER MAY BRING ANY LEGAL ACTION NECESSARY, INCLUD-
 ING 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 UNDER-
 PAYMENT  WAS  IN COMPLIANCE WITH THE LAW, AN ADDITIONAL AMOUNT AS LIQUI-
 DATED DAMAGES. LIQUIDATED DAMAGES SHALL BE CALCULATED BY THE COMMISSION-
 ER 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  UNDER-
 PAYMENTS 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

 S. 6266--B                          6
 
 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-H. 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 COMPENSATION 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-I. 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.
   § 3. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6266--C
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               May 31, 2019
                                ___________
 
 Introduced  by Sens. BIAGGI, BAILEY, COMRIE, GAUGHRAN, GOUNARDES, HARCK-
   HAM, HOYLMAN, JACKSON, KAMINSKY, LIU, MAYER, METZGER, PERSAUD,  RAMOS,
   RIVERA,  SALAZAR, SANDERS, SKOUFIS, STAVISKY, THOMAS -- 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  --  committee  discharged,
   bill  amended,  ordered  reprinted  as amended and recommitted to said
   committee -- recommitted to the Committee on Labor in accordance  with
   Senate  Rule  6, sec. 8 -- committee discharged, bill amended, ordered
   reprinted as amended and recommitted to said committee
 
 AN ACT to amend the labor law, in  relation  to  enacting  the  "healthy
   terminals act"
 
   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  "healthy
 terminals act".
   §  2. The labor law is amended by adding a new article 19-D to read as
 follows:
 
                               ARTICLE 19-D
              MINIMUM WAGE RATES FOR COVERED AIRPORT WORKERS
 
 SECTION 696-A. DEFINITIONS.
         696-B. DESIGNATION BY COMMISSIONER OF APPLICABLE STANDARD  RATES
                  FOR COVERED AIRPORT WORKERS.
         696-C. MINIMUM WAGE RATE FOR COVERED AIRPORT WORKERS.
         696-D. COMMISSIONER'S POWERS OF INVESTIGATION.
         696-E. RECORDS OF EMPLOYERS.
         696-F. PENALTIES.
         696-G. CIVIL ACTION.
         696-H. REGULATIONS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD13042-06-0

 S. 6266--C                          2
 
         696-I. SAVINGS CLAUSE.

   §  696-A.  DEFINITIONS.  AS  USED IN THIS ARTICLE: 1. "COVERED AIRPORT
 LOCATION"  MEANS  JOHN  F.  KENNEDY  INTERNATIONAL  AIRPORT,   LAGUARDIA
 AIRPORT, AND NEW YORK STEWART INTERNATIONAL AIRPORT.
   2.  "COVERED AIRPORT WORKER" MEANS ANY PERSON EMPLOYED TO PERFORM WORK
 AT A COVERED AIRPORT LOCATION PROVIDED AT LEAST ONE-HALF OF THE  EMPLOY-
 EE'S  TIME  DURING  ANY  WORKWEEK  IS  PERFORMED  AT  A  COVERED AIRPORT
 LOCATION.  COVERED AIRPORT WORKER SHALL NOT INCLUDE PERSONS EMPLOYED  IN
 AN  EXECUTIVE,  ADMINISTRATIVE,  OR  PROFESSIONAL CAPACITY AS DEFINED IN
 SUBPARAGRAPH ONE OF PARAGRAPH (A) OF SECTION THIRTEEN OF THE FAIR  LABOR
 STANDARDS ACT OF 1938.
   3.  "EMPLOYER" MEANS ANY PERSON, CORPORATION, LIMITED LIABILITY COMPA-
 NY, OR ASSOCIATION EMPLOYING ANY INDIVIDUAL IN AN OCCUPATION,  INDUSTRY,
 TRADE,  BUSINESS  OR  SERVICE.   THE TERM "EMPLOYER" SHALL NOT INCLUDE A
 GOVERNMENTAL AGENCY.
   4. THE "STANDARD WAGE RATE" MEANS:
   (A) EFFECTIVE SEPTEMBER FIRST, TWO THOUSAND TWENTY, THE GREATER OF:
   (I) ONE DOLLAR MORE THAN ANY MINIMUM WAGE RATE THAT WOULD BE OTHERWISE
 APPLICABLE TO COVERED AIRPORT WORKERS ESTABLISHED BY ARTICLE NINETEEN OF
 THIS CHAPTER; OR
   (II) ANY OTHERWISE APPLICABLE MINIMUM WAGE RATE ESTABLISHED THROUGH  A
 POLICY OF THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY.
   (B)  EFFECTIVE  SEPTEMBER  FIRST, TWO THOUSAND TWENTY-ONE, THE GREATER
 OF:
   (I) TWO DOLLARS MORE THAN ANY MINIMUM WAGE RATE THAT WOULD  BE  OTHER-
 WISE  APPLICABLE TO COVERED AIRPORT WORKERS ESTABLISHED BY ARTICLE NINE-
 TEEN OF THIS CHAPTER; OR
   (II) ANY OTHERWISE APPLICABLE MINIMUM WAGE RATE ESTABLISHED THROUGH  A
 POLICY OF THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY.
   (C)  EFFECTIVE  SEPTEMBER  FIRST, TWO THOUSAND TWENTY-TWO, THE GREATER
 OF:
   (I) THREE DOLLARS MORE THAN ANY MINIMUM WAGE RATE THAT WOULD BE OTHER-
 WISE APPLICABLE TO COVERED AIRPORT WORKERS ESTABLISHED BY ARTICLE  NINE-
 TEEN OF THIS CHAPTER; OR
   (II)  ANY OTHERWISE APPLICABLE MINIMUM WAGE RATE ESTABLISHED THROUGH A
 POLICY OF THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY.
   (D) EFFECTIVE SEPTEMBER FIRST, TWO THOUSAND TWENTY-THREE, THE  GREATER
 OF:
   (I)  FOUR DOLLARS MORE THAN ANY MINIMUM WAGE RATE THAT WOULD BE OTHER-
 WISE APPLICABLE TO COVERED AIRPORT WORKERS ESTABLISHED BY ARTICLE  NINE-
 TEEN OF THIS CHAPTER; OR
   (II)  ANY OTHERWISE APPLICABLE MINIMUM WAGE RATE ESTABLISHED THROUGH A
 POLICY OF THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY.
   (E) EFFECTIVE SEPTEMBER FIRST,  TWO  THOUSAND  TWENTY-FOUR,  AND  EACH
 SEPTEMBER FIRST THEREAFTER, THE GREATER OF:
   (I)  FOUR DOLLARS MORE THAN ANY MINIMUM WAGE RATE THAT WOULD BE OTHER-
 WISE APPLICABLE TO COVERED AIRPORT WORKERS ESTABLISHED BY ARTICLE  NINE-
 TEEN OF THIS CHAPTER;
   (II)  ANY OTHERWISE APPLICABLE MINIMUM WAGE RATE ESTABLISHED THROUGH A
 POLICY OF THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY; OR
   (III) AN AMOUNT EQUAL TO THE WAGE RATE DESIGNATED BY THE  COMMISSIONER
 THE  IMMEDIATELY PRECEDING AUGUST FIRST BASED ON THE DETERMINATIONS MADE
 BY THE FEDERAL DEPARTMENT  OF  LABOR  PURSUANT  TO  THE  MCNAMARA-O'HARA
 SERVICE  CONTRACT ACT OF 1965 (41 USCS § 6701, ET SEQ.), FOR THE CLASSI-

 S. 6266--C                          3
 
 FICATION OF "GUARD I" FOR  THE  COUNTY  IN  WHICH  THE  COVERED  AIRPORT
 LOCATION IS LOCATED.
   5.  THE "STANDARD BENEFITS SUPPLEMENT RATE" MEANS AN HOURLY SUPPLEMENT
 FURNISHED TO AN EMPLOYEE IN ONE OF THE FOLLOWING WAYS: (A) IN  THE  FORM
 OF  HEALTH  AND  OTHER BENEFITS, NOT INCLUDING PAID LEAVE, THAT COST THE
 EMPLOYER THE ENTIRE REQUIRED HOURLY SUPPLEMENTAL AMOUNT; (B) BY  PROVID-
 ING  A  PORTION  OF THE REQUIRED HOURLY SUPPLEMENT IN THE FORM OF HEALTH
 AND OTHER BENEFITS, NOT INCLUDING PAID LEAVE, AND THE BALANCE  IN  CASH;
 OR  (C) BY PROVIDING THE ENTIRE SUPPLEMENT IN CASH.  EFFECTIVE SEPTEMBER
 FIRST, TWO THOUSAND TWENTY AND  EACH  SEPTEMBER  FIRST  THEREAFTER,  THE
 SUPPLEMENTAL BENEFITS RATE DESIGNATED BY THE COMMISSIONER THE IMMEDIATE-
 LY PRECEDING AUGUST FIRST, BASED ON THE DETERMINATION MADE BY THE FEDER-
 AL  DEPARTMENT OF LABOR PURSUANT TO THE MCNAMARA-O'HARA SERVICE CONTRACT
 ACT OF 1965 (41 USCS § 6701, ET SEQ.), FOR THE CLASSIFICATION OF  "GUARD
 I" FOR THE COUNTY IN WHICH THE COVERED AIRPORT LOCATION IS LOCATED.
   6. THE "STANDARD PAID LEAVE RATE" MEANS EFFECTIVE SEPTEMBER FIRST, TWO
 THOUSAND  TWENTY  AND  EACH  SEPTEMBER  FIRST THEREAFTER, THE PAID LEAVE
 REQUIREMENTS DESIGNATED BY THE COMMISSIONER  THE  IMMEDIATELY  PRECEDING
 AUGUST FIRST, BASED ON THE DETERMINATIONS MADE BY THE FEDERAL DEPARTMENT
 OF  LABOR  PURSUANT  TO THE MCNAMARA-O'HARA SERVICE CONTRACT ACT OF 1965
 (41 USCS § 6701, ET SEQ.), FOR THE CLASSIFICATION OF "GUARD I"  FOR  THE
 COUNTY IN WHICH THE COVERED AIRPORT LOCATION IS LOCATED.
   7.  THE "APPLICABLE STANDARD RATE" SHALL MEAN A COMBINATION OF (A) THE
 STANDARD WAGE RATE; (B) THE STANDARD BENEFITS SUPPLEMENTAL RATE; AND (C)
 THE STANDARD PAID LEAVE RATE.
   § 696-B. DESIGNATION BY COMMISSIONER OF APPLICABLE STANDARD RATES  FOR
 COVERED  AIRPORT  WORKERS.  1.  ON AUGUST FIRST, TWO THOUSAND TWENTY AND
 EACH SUBSEQUENT  AUGUST  FIRST  THE  COMMISSIONER  SHALL  DESIGNATE  THE
 SUPPLEMENTAL  BENEFITS  RATE  AND PAID LEAVE REQUIREMENTS REQUIRED UNDER
 DETERMINATIONS MADE  BY  THE  FEDERAL  GENERAL  SERVICES  ADMINISTRATION
 PURSUANT  TO THE MCNAMARA-O'HARA SERVICE CONTRACT ACT OF 1965 (41 USCS §
 6701, ET SEQ.), FOR THE CLASSIFICATION OF "GUARD I" FOR  THE  COUNTY  IN
 WHICH  THE  COVERED AIRPORT LOCATION IS LOCATED.  THE COMMISSIONER SHALL
 PUBLICLY POST SUCH DESIGNATED SUPPLEMENTAL BENEFITS RATES AND PAID LEAVE
 REQUIREMENTS.
   2. ON AUGUST FIRST,  TWO  THOUSAND  TWENTY-FOUR  AND  EACH  SUBSEQUENT
 AUGUST  FIRST,  THE  COMMISSIONER  SHALL ADDITIONALLY DESIGNATE THE WAGE
 RATE REQUIRED UNDER DETERMINATIONS MADE BY THE FEDERAL GENERAL  SERVICES
 ADMINISTRATION  PURSUANT  TO THE MCNAMARA-O'HARA SERVICE CONTRACT ACT OF
 1965 (41 USCS § 6701, ET SEQ.), FOR THE CLASSIFICATION OF "GUARD I"  FOR
 THE COUNTY IN WHICH THE COVERED AIRPORT LOCATION IS LOCATED. THE COMMIS-
 SIONER SHALL PUBLICLY POST SUCH DESIGNATED WAGE RATE.
   §  696-C.  MINIMUM WAGE RATE FOR COVERED AIRPORT WORKERS.  ALL COVERED
 EMPLOYERS SHALL ENSURE THAT EVERY COVERED AIRPORT WORKER IS  COMPENSATED
 AT A RATE THAT IS NO LESS THAN THE APPLICABLE STANDARD RATE.  NOTHING IN
 THIS  ARTICLE  SHALL ALTER OR LIMIT ANY EMPLOYER'S OBLIGATION TO PAY ANY
 OTHERWISE APPLICABLE PREVAILING WAGE UNDER ARTICLE EIGHT OR NINE OF THIS
 CHAPTER.
   § 696-D. COMMISSIONER'S POWERS OF INVESTIGATION. THE  COMMISSIONER  OR
 HIS OR HER AUTHORIZED REPRESENTATIVE SHALL HAVE THE POWER TO:
   1.  INVESTIGATE  THE  COMPENSATION  OF  COVERED AIRPORT WORKERS IN THE
 STATE;
   2. 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 COMPENSATION PROVIDED TO, OR THE HOURS WORKED BY ANY EMPLOYEES,

 S. 6266--C                          4
 
 AND  (B)  ASCERTAINING  WHETHER  THE  PROVISIONS OF THIS ARTICLE AND THE
 RULES 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
 COMPENSATION PROVIDED TO AND THE HOURS BY SUCH EMPLOYER'S EMPLOYEES.
   § 696-E. RECORDS OF EMPLOYERS. FOR  EVERY  EMPLOYEE  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  COMPENSATION
 PROVIDED, PLUS SUCH OTHER INFORMATION AS THE COMMISSIONER DEEMS MATERIAL
 AND NECESSARY.  FOR ALL COVERED AIRPORT WORKERS WHO ARE NOT EXEMPT  FROM
 OVERTIME  COMPENSATION AS ESTABLISHED IN THE COMMISSIONER'S MINIMUM WAGE
 ORDERS OR OTHERWISE PROVIDED BY LAW, RULE, OR  REGULATION,  THE  PAYROLL
 RECORDS  SHALL  INCLUDE THE COMPENSATION PROVIDED AND THE REGULAR HOURLY
 RATE OR RATES OF PAY, THE OVERTIME RATE OR RATES OF PAY, THE  NUMBER  OF
 REGULAR  HOURS  WORKED, THE NUMBER OF OVERTIME HOURS WORKED AND THE COST
 OF BENEFITS AND/OR BENEFIT SUPPLEMENTS. 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 COMPENSATION,
 FOR EACH COVERED AIRPORT WORKER, PLUS  SUCH  OTHER  INFORMATION  AS  THE
 COMMISSIONER  DEEMS  MATERIAL AND NECESSARY.   EVERY EMPLOYER SHALL KEEP
 SUCH RECORDS OPEN TO INSPECTION BY THE COMMISSIONER OR HIS OR  HER  DULY
 AUTHORIZED  REPRESENTATIVE  AT  ANY REASONABLE TIME. EVERY EMPLOYER OF A
 COVERED AIRPORT WORKER SHALL KEEP A DIGEST AND SUMMARY OF  THIS  ARTICLE
 WHICH  SHALL  BE  PREPARED  BY THE COMMISSIONER, POSTED IN A CONSPICUOUS
 PLACE IN HIS OR HER ESTABLISHMENT AND SHALL ALSO KEEP POSTED SUCH  ADDI-
 TIONAL COPIES OF SAID DIGEST AND SUMMARY AS THE COMMISSIONER PRESCRIBES.
 EMPLOYERS  SHALL,  ON  REQUEST, BE FURNISHED WITH COPIES OF THIS ARTICLE
 AND OF ORDERS, AND OF DIGESTS AND  SUMMARIES  THEREOF,  WITHOUT  CHARGE.
 EMPLOYERS  SHALL  PERMIT  THE COMMISSIONER OR HIS OR HER 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.
   § 696-F. PENALTIES.  1. ANY EMPLOYER OR HIS OR HER AGENT, OR THE OFFI-
 CER  OR  AGENT  OF  ANY  CORPORATION,  PARTNERSHIP, OR LIMITED LIABILITY
 COMPANY, WHO PAYS OR AGREES TO PAY TO ANY EMPLOYEE LESS THAN THE  APPLI-
 CABLE  STANDARD RATE 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
 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 APPLICABLE STANDARD RATE 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

 S. 6266--C                          5
 
 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-G. CIVIL ACTION. 1. IF ANY  EMPLOYEE  IS  PAID  BY  HIS  OR  HER
 EMPLOYER  LESS  THAN  THE APPLICABLE STANDARD RATE 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 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 APPLICABLE STANDARD RATE SHALL BE NO DEFENSE TO SUCH ACTION.
   2. ON BEHALF OF ANY EMPLOYEE PAID LESS THAN  THE  APPLICABLE  STANDARD
 RATE  TO  WHICH  THE  EMPLOYEE  IS ENTITLED UNDER THE PROVISIONS OF THIS
 ARTICLE, THE COMMISSIONER MAY BRING ANY LEGAL ACTION NECESSARY,  INCLUD-
 ING 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 UNDER-
 PAYMENT WAS IN COMPLIANCE WITH THE LAW, AN ADDITIONAL AMOUNT  AS  LIQUI-
 DATED DAMAGES. LIQUIDATED DAMAGES SHALL BE CALCULATED BY THE COMMISSION-
 ER  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 UNDER-
 PAYMENTS 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

 S. 6266--C                          6
 
 APPEAL AND NO APPEAL THEREFROM IS THEN PENDING, WHICHEVER IS LATER,  THE
 TOTAL  AMOUNT  OF  JUDGMENT  SHALL  AUTOMATICALLY  INCREASE  BY  FIFTEEN
 PERCENT.
   §  696-H.  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 COMPENSATION 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-I.  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.
   §  3.  This  act shall take effect on the ninetieth day after it shall
 have become a law.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6266--D
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               May 31, 2019
                                ___________
 
 Introduced by Sens. BIAGGI, ADDABBO, BAILEY, BENJAMIN, BROOKS, CARLUCCI,
   COMRIE,  GAUGHRAN,  GIANARIS,  GOUNARDES,  HARCKHAM, HOYLMAN, JACKSON,
   KAMINSKY, KAPLAN, KAVANAGH, KENNEDY, LIU,  MARTINEZ,  MAYER,  METZGER,
   MYRIE,  PARKER,  PERSAUD,  RAMOS,  RIVERA,  SALAZAR,  SANDERS, SAVINO,
   SEPULVEDA, SERRANO,  SKOUFIS,  STAVISKY,  THOMAS  --  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 -- committee discharged,
   bill amended, ordered reprinted as amended  and  recommitted  to  said
   committee  -- recommitted to the Committee on Labor in accordance with
   Senate Rule 6, sec. 8 -- committee discharged, bill  amended,  ordered
   reprinted  as  amended  and recommitted to said committee -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN ACT to amend the labor law, in  relation  to  enacting  the  "healthy
   terminals act"
 
   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  "healthy
 terminals act".
   §  2.  The  article heading of article 9 of the labor law, as added by
 chapter 777 of the laws of 1971, is amended to read as follows:
   PREVAILING WAGE FOR BUILDING SERVICE  EMPLOYEES  AND  COVERED  AIRPORT
 WORKERS
   § 3. Subdivisions 1, 4 and 8 of section 230 of the labor law, subdivi-
 sion  1  as amended by chapter 542 of the laws of 1984, subdivision 4 as
 amended by chapter 678 of the laws of 2007, and subdivision 8  as  added
 by  chapter  777  of the laws of 1971, are amended and four new subdivi-
 sions 1-a, 15, 16 and 17 are added to read as follows:
   1. "Building service employee" or "SERVICE employee" means any  person
 performing  work in connection with the care or maintenance of an exist-

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

                                                            LBD13042-11-0

 S. 6266--D                          2
 
 ing building, or in connection with the transportation of office  furni-
 ture  or  equipment  to or from such building, or in connection with the
 transportation and delivery of fossil  fuel  to  such  building,  for  a
 contractor  under  a contract with a public agency which is in excess of
 one thousand five hundred dollars and the principal purpose of which  is
 to furnish services through the use of building service employees.
   "Building service employee" or "SERVICE employee" includes, but is not
 limited,  to, watchman, guard, doorman, building cleaner, porter, handy-
 man, janitor,  gardener,  groundskeeper,  stationary  fireman,  elevator
 operator  and  starter,  window cleaner, and occupations relating to the
 collection of garbage or refuse, and to  the  transportation  of  office
 furniture  and  equipment,  and  to  the  transportation and delivery of
 fossil fuel but does not include clerical, sales, professional,  techni-
 cian and related occupations.
   "Building  service  employee"  or  "SERVICE  employee"  also  does not
 include any employee to  whom  the  provisions  of  articles  eight  and
 eight-a of this chapter are applicable.
   1-A. "EMPLOYEE" MEANS A BUILDING SERVICE EMPLOYEE OR A COVERED AIRPORT
 WORKER.
   4.  "Contractor"  means  any employer who employs employees to perform
 building service work under a contract with a public  agency  and  shall
 include  any of the contractor's subcontractors. "CONTRACTOR" SHALL ALSO
 INCLUDE ANY COVERED AIRPORT EMPLOYER AS SUCH TERM  IS  DEFINED  IN  THIS
 SECTION.
   8.  "Fiscal  officer"  means  the  industrial commissioner, except for
 building service work performed by or on  behalf  of  a  city,  OR  WORK
 INVOLVING THE EMPLOYMENT OF COVERED AIRPORT WORKERS AT A COVERED AIRPORT
 LOCATION  LOCATED IN A CITY WITH A POPULATION OF ONE MILLION OR MORE, in
 which case "fiscal officer" means the  comptroller  or  other  analogous
 officer of such city.
   15.  "COVERED  AIRPORT LOCATION" MEANS ANY AIRPORT OPERATING UNDER THE
 JURISDICTION OF THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY WITHIN THE
 STATE.
   16. "COVERED AIRPORT WORKER" MEANS ANY PERSON EMPLOYED  BY  A  COVERED
 AIRPORT  EMPLOYER TO PERFORM WORK AT A COVERED AIRPORT LOCATION PROVIDED
 AT LEAST  ONE-HALF  OF  THE  EMPLOYEE'S  TIME  DURING  ANY  WORKWEEK  IS
 PERFORMED  AT A COVERED AIRPORT LOCATION. "COVERED AIRPORT WORKER" SHALL
 NOT INCLUDE ANY PERSON EMPLOYED  IN  AN  EXECUTIVE,  ADMINISTRATIVE,  OR
 PROFESSIONAL  CAPACITY  AS  DEFINED  IN  29  U.S.C. 213 (A)(1). "COVERED
 AIRPORT WORKER" DOES NOT INCLUDE ANY EMPLOYEE TO WHOM THE PROVISIONS  OF
 ARTICLE EIGHT OR EIGHT-A OF THIS CHAPTER ARE APPLICABLE.
   17.  "COVERED AIRPORT EMPLOYER" MEANS ANY PERSON, CORPORATION, LIMITED
 LIABILITY COMPANY, OR ASSOCIATION EMPLOYING ANY COVERED  AIRPORT  WORKER
 IN  AN  OCCUPATION,  INDUSTRY,  TRADE,  BUSINESS  OR  SERVICE.  THE TERM
 "COVERED AIRPORT EMPLOYER" SHALL NOT INCLUDE A PUBLIC AGENCY.
   § 4. The labor law is amended by adding a new section 231-a to read as
 follows:
   § 231-A. PREVAILING WAGE FOR COVERED AIRPORT WORKERS. 1. NOTWITHSTAND-
 ING ANY OTHER PROVISION OF LAW, RULE, OR REGULATION TO THE CONTRARY,  AS
 USED  IN THIS SECTION, THE TERM "WAGE" SHALL MEAN: (A) BASIC HOURLY CASH
 RATE OF PAY; AND (B) SUPPLEMENTS.  THE  TERM  "SUPPLEMENTS"  SHALL  MEAN
 FRINGE  BENEFITS INCLUDING MEDICAL OR HOSPITAL CARE, PENSIONS ON RETIRE-
 MENT OR DEATH, COMPENSATION FOR INJURIES OR ILLNESS RESULTING FROM OCCU-
 PATIONAL ACTIVITY, OR INSURANCE TO PROVIDE ANY OF THE  FOREGOING,  UNEM-
 PLOYMENT  BENEFITS,  LIFE  INSURANCE, DISABILITY AND SICKNESS INSURANCE,
 ACCIDENT INSURANCE, AND OTHER BONA FIDE FRINGE  BENEFITS  NOT  OTHERWISE

 S. 6266--D                          3
 
 REQUIRED  BY  FEDERAL,  STATE  OR  LOCAL LAW TO BE PROVIDED BY A COVERED
 AIRPORT EMPLOYER.
   2.  NOT  EARLIER  THAN SEPTEMBER FIRST, TWO THOUSAND TWENTY-ONE, EVERY
 COVERED AIRPORT EMPLOYER SHALL PAY A COVERED AIRPORT WORKER WORKING AT A
 COVERED AIRPORT LOCATION A WAGE OF NOT LESS THAN THE PREVAILING WAGE  IN
 THE LOCALITY FOR THE CRAFT, TRADE, OR OCCUPATION OF SUCH COVERED AIRPORT
 WORKER.
   3.  THE  OBLIGATION  OF  A  COVERED AIRPORT EMPLOYER TO PAY PREVAILING
 SUPPLEMENTS MAY BE DISCHARGED BY FURNISHING ANY EQUIVALENT  COMBINATIONS
 OF  FRINGE  BENEFITS OR BY MAKING EQUIVALENT OR DIFFERENTIAL PAYMENTS IN
 CASH UNDER RULES AND REGULATIONS ESTABLISHED BY THE FISCAL OFFICER.
   4. NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW, RULE, OR REGULATION TO
 THE CONTRARY, FOR THE PURPOSES OF THIS SECTION "PREVAILING  WAGE"  SHALL
 MEAN  THE WAGE DETERMINED BY THE FISCAL OFFICER TO BE PREVAILING FOR THE
 VARIOUS CLASSES OF COVERED AIRPORT WORKERS IN  THE  LOCALITY;  PROVIDED,
 HOWEVER,  THAT  IN  NO  EVENT  SHALL THE PREVAILING WAGE APPLICABLE TO A
 COVERED AIRPORT WORKER ON AND AFTER SEPTEMBER FIRST, TWO THOUSAND  TWEN-
 TY-ONE  AND  EVERY  YEAR  THEREAFTER BE LESS THAN THE FOLLOWING: (A) ANY
 OTHERWISE APPLICABLE MINIMUM WAGE RATE ESTABLISHED THROUGH A  POLICY  OF
 THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY; AND
   (B) AN AMOUNT OF WAGES OR SUPPLEMENTS EQUAL TO THE RATE FOR HEALTH AND
 WELFARE  FOR  ALL OCCUPATIONS, DESIGNATED BY THE FISCAL OFFICER BASED ON
 THE DETERMINATIONS MADE BY THE FEDERAL DEPARTMENT OF LABOR  PURSUANT  TO
 THE  MCNAMARA-O'HARA SERVICE CONTRACT ACT OF 1965 41 U.S.C.  6701 ET SEQ
 FOR THE GEOGRAPHIC REGION IN  WHICH  THE  COVERED  AIRPORT  LOCATION  IS
 LOCATED AND IN EFFECT ON THE DATE OF THE DESIGNATION BY THE FISCAL OFFI-
 CER.
   5.  ON  OR  BEFORE  SEPTEMBER  FIRST, TWO THOUSAND TWENTY-ONE AND EACH
 SUBSEQUENT SEPTEMBER FIRST, THE FISCAL OFFICER SHALL DESIGNATE THE  WAGE
 AND  SUPPLEMENTAL  BENEFITS  RATE REQUIRED UNDER THIS SECTION BY CLASSI-
 FICATION AND REGION IN WHICH EACH COVERED AIRPORT IS LOCATED. THE FISCAL
 OFFICER SHALL PUBLICLY POST SUCH DESIGNATED WAGE RATE.
   6. NOTHING IN THIS ARTICLE SHALL BE  DEEMED  TO  ALTER  OR  LIMIT  ANY
 EMPLOYER'S  OBLIGATION  TO  PAY ANY OTHERWISE APPLICABLE PREVAILING WAGE
 UNDER ANY OTHER PROVISION OF THIS ARTICLE OR ARTICLE EIGHT OF THIS CHAP-
 TER.
   § 5. The section heading of section 231 of the labor law, as added  by
 chapter 777 of the laws of 1971, is amended to read as follows:
   Prevailing wage FOR BUILDING SERVICE EMPLOYEES.
   § 6. Subdivisions 1 and 2 of section 233 of the labor law, as added by
 chapter 777 of the laws of 1971, are amended to read as follows:
   1.  In  all  cases where service work is being performed pursuant to a
 contract therefor, OR WHERE  WORK  IS  BEING  PERFORMED  PURSUANT  TO  A
 CONTRACT  INVOLVING  THE  EMPLOYMENT  OF  COVERED  AIRPORT  WORKERS, the
 contractor  shall  keep  original  payrolls  or   transcripts   thereof,
 subscribed  and  confirmed  by  him as true, under penalties of perjury,
 showing the hours and days worked by each employee, the craft, trade  or
 occupation at which he was employed, and the wages paid.
   2.  Where  the  wages paid include sums which are not paid directly to
 the [workmen] EMPLOYEES weekly and which are expended  for  supplements,
 the  records  required  to  be maintained shall include a record of such
 hourly payment on behalf of such employees,  the  supplement  for  which
 such  payment  has  been made, and the name and address of the person to
 whom such payment has been made. In all such cases, the contractor shall
 keep a true and  inscribed  copy  of  the  agreement  under  which  such

 S. 6266--D                          4
 
 payments  are  made, a record of all net payments made thereunder, and a
 list of all persons for whom such payments are made.
   §    7.  Paragraphs (a) and (c) of subdivision 1 of section 234 of the
 labor law, as added by chapter 777 of the laws of 1971, are amended  and
 a new paragraph (e-1) is added to read as follows:
   (a)  to  cause  an  investigation  to  be  made to determine the wages
 prevailing in  any  locality  in  all  crafts,  trades  and  occupations
 involved  in  service  work  OR WORK INVOLVING THE EMPLOYMENT OF COVERED
 AIRPORT WORKERS; in making such investigation, the  fiscal  officer  may
 utilize wage and fringe benefit data from various sources including, but
 not  limited  to,  data  and  determinations  of federal, state or other
 governmental agencies;
   (c) to examine the books, documents  and  records  pertaining  to  the
 wages paid to, and the hours of work performed by, [service] employees;
   (E-1)  TO  MAKE  A  CLASSIFICATION  BY CRAFT, TRADE OR OTHER GENERALLY
 RECOGNIZED OCCUPATIONAL CATEGORY OF THE COVERED AIRPORT WORKERS  AND  TO
 DETERMINE  WHETHER SUCH WORK HAS BEEN PERFORMED BY THE EMPLOYEES IN SUCH
 CLASSIFICATION;
   § 8. Subdivisions 1 and 3 of section 235 of the labor law, as added by
 chapter 777 of the laws of 1971, are amended to read as follows:
   1. Whenever the fiscal officer has reason to believe that [a  service]
 AN  employee  has  been  paid  less  than  the  wages  stipulated in the
 contract, or if such contract has no wage schedule attached thereto  and
 the  fiscal  officer  has reason to believe that [a service] AN employee
 has been paid less than the wages prevailing for  his  craft,  trade  or
 occupation,  the  fiscal  officer  may,  and  upon  receipt of a written
 complaint from an employee employed thereon,  shall  conduct  a  special
 investigation to determine the facts relating thereto.
   3.  If,  despite the requirements of law, the contract for the service
 work OR WORK INVOLVING THE EMPLOYMENT OF  COVERED  AIRPORT  WORKERS  has
 been  awarded  without  the  annexation thereto of the schedule of wages
 provided for in this article, the fiscal officer shall determine in  the
 proceeding  before  him  the  wages  prevailing at the time the work was
 performed for  the  crafts,  trades  or  occupations  of  the  employees
 involved.
   § 9. Section 236 of the labor law, as added by chapter 777 of the laws
 of 1971, is amended to read as follows:
   §  236.  Failure  to protest underpayments. Notwithstanding any incon-
 sistent provision of this chapter or of any other  general,  special  or
 local  law,  ordinance,  charter  or administrative code, [a service] AN
 employee shall not be barred from his right to  recover  the  difference
 between the amount actually paid to him and the amount which should have
 been  paid  to  him pursuant to an order entered under the provisions of
 this article because of the prior receipt  by  him  without  protest  of
 wages  paid  or  on account of his failure to state orally or in writing
 upon any payroll or receipt which he is required to sign that the  wages
 received by him are received under protest, or on account of his failure
 to  indicate  his protest against the amount, or that the amount so paid
 does not constitute payment in full of wages  due  him  for  the  period
 covered by such payment.
   § 10. Subdivisions 1 and 4 of section 237 of the labor law, as amended
 by chapter 698 of the laws of 1988, are amended to read as follows:
   1.  Subcontractors engaged for service work, OR FOR WORK INVOLVING THE
 EMPLOYMENT OF COVERED AIRPORT WORKERS, by a contractor  or  its  subcon-
 tractor  shall, upon receipt from the contractor or its subcontractor of
 the schedule of wages and supplements specified in the contract, provide

 S. 6266--D                          5
 
 to the contractor or its subcontractor a  verified  statement  attesting
 that  the subcontractor has received and reviewed such schedule of wages
 and supplements, and agrees that it will pay the  applicable  prevailing
 wages  and  will  pay or provide the supplements specified therein. Such
 verified statement shall be filed in the manner described in subdivision
 three of this section, PROVIDED, HOWEVER, THAT IN THE CASE OF  CONTRACTS
 FOR WORK INVOLVING THE EMPLOYMENT OF COVERED AIRPORT WORKERS, SUCH VERI-
 FIED STATEMENT SHALL BE SUBJECT TO INSPECTION UPON REQUEST OF THE FISCAL
 OFFICER.   It shall be a violation of this article for any contractor or
 its subcontractor to fail to provide for its subcontractor a copy of the
 schedule of wages and supplements specified in the contract.
   4. If any interested person shall have previously filed a  protest  in
 writing  objecting  to the payment to any contractor or subcontractor to
 the extent of the amount or amounts due or to  become  due  to  him  for
 daily  or  weekly  wages  for labor performed on the work for which such
 contract was entered into, or if for any other reason it may  be  deemed
 advisable,  the comptroller of the state or the financial officer of the
 public agency or other officer or person charged with  the  custody  and
 disbursement  of the state or corporate funds applicable to the contract
 for such work, may deduct from  the  whole  amount  of  any  payment  on
 account  thereof  the  sum or sums admitted by any contractor or subcon-
 tractor in such statement or statements as filed to be due and owing  by
 him  or  her  on  account  of labor performed on such work before making
 payment of the amount certified for payment in any estimate or  voucher,
 and may withhold the amount so deducted for the benefit of the [service]
 employees  whose  wages  are  unpaid as shown by the verified statements
 filed by any contractor or subcontractor, and may pay  directly  to  any
 person  the amount or amounts shown by the statements filed as hereinbe-
 fore required to be due to him or her or  his  or  her  duly  authorized
 collective  bargaining  labor organization receiving such payment to the
 extent of the amount thereof.
   § 11. Subdivision 2 of section 238 of the labor law, as added by chap-
 ter 777 of the laws of 1971, is amended to read as follows:
   2. When a contract for service work OR WORK INVOLVING  THE  EMPLOYMENT
 OF  COVERED AIRPORT WORKERS contains as part thereof a schedule of wages
 as provided for in this article, any contractor who, after entering into
 such contract, and any subcontractor of such contractor who fails to pay
 to any [service] employee the wages stipulated in such wage schedule  is
 guilty  of  a  misdemeanor  and  upon conviction shall be punished for a
 first offense by a fine of five hundred dollars or by  imprisonment  for
 not more than thirty days or by both fine and imprisonment; for a second
 offense  by  a fine of one thousand dollars, and in addition thereto the
 contract on which the violation has occurred shall be forfeited; and  no
 such  contractor  shall  be  entitled  to receive any sum, nor shall any
 officer, agent or employee of the contracting public agency pay any such
 sum or authorize its payment from the funds under his charge or  control
 to such contractor for work done upon the contract on which the contrac-
 tor  has  been  convicted  of  a  second offense.   If the contractor or
 subcontractor is a corporation, any  officer  of  such  corporation  who
 knowingly  permits  the  corporation  to fail to make such payment shall
 also be guilty of a misdemeanor and the  criminal  and  civil  penalties
 herein shall attach to such officer upon conviction.
   §  12.  Section  239  of the labor law, as added by chapter 777 of the
 laws of 1971, subdivisions 1, 2, and 3 as amended by chapter 770 of  the
 laws of 1986, is amended to read as follows:

 S. 6266--D                          6
 
   §  239.  Provisions in contracts prohibiting discrimination on account
 of race, creed, color, national origin, age or sex.  Every contract  for
 service work OR WORK INVOLVING THE EMPLOYMENT OF COVERED AIRPORT WORKERS
 shall contain provisions by which the contractor agrees:
   (1)  that in the hiring of employees for the performance of work under
 the contract or any subcontract thereunder within the territorial limits
 of this state, no contractor, subcontractor, nor any  person  acting  on
 behalf  of  such  contractor  or subcontractor, shall by reason of race,
 creed, color, national origin,  age,  sex  or  disability,  discriminate
 against any citizen of the state of New York who is qualified and avail-
 able to perform the work to which the employment relates;
   (2)  that  no  contractor, subcontractor, nor any person on his behalf
 shall, in any manner, discriminate against or  intimidate  any  employee
 hired for the performance of work under the contract on account of race,
 creed, color, national origin, age, sex or disability;
   (3) that there may be deducted from the amount payable to the contrac-
 tor  by  the public agency under the contract FOR SERVICE WORK a penalty
 of fifty dollars for each person for each day during which  such  person
 was  discriminated against or intimidated in violation of the provisions
 of the contract;
   (4) that the contract FOR SERVICE WORK may be cancelled or  terminated
 by the public agency, and all moneys due or to become due thereunder may
 be  forfeited  for  a second or any subsequent violation of the terms or
 conditions of this section of the contract.
   § 13. Section 239-a of the labor law, as added by chapter 777  of  the
 laws of 1971, is amended to read as follows:
   §  239-a. Enforcement of article. 1. If the fiscal officer, as defined
 herein, finds that any contractor on service work fails to  comply  with
 or  evades  the provisions of this article, he shall present evidence of
 such noncompliance or evasion to the public agency having charge of such
 work for enforcement.  Where such evidence indicates a noncompliance  or
 evasion  on the part of a subcontractor, the contractor shall be respon-
 sible for such noncompliance or evasion.  It shall be the  duty  of  the
 public  agency  in charge of such service work to enforce the provisions
 of this article.
   2. IF THE FISCAL OFFICER, AS DEFINED HEREIN, FINDS THAT ANY CONTRACTOR
 ON WORK INVOLVING THE EMPLOYMENT OF COVERED  AIRPORT  WORKERS  FAILS  TO
 COMPLY  WITH  OR  EVADES THE PROVISIONS OF THIS ARTICLE, IT SHALL BE THE
 DUTY OF THE FISCAL OFFICER TO ENFORCE THE PROVISIONS OF THIS ARTICLE.
   § 14. 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.
   § 15. This act shall take effect on January 1, 2021.  Effective  imme-
 diately, the addition, amendment and/or repeal of any rule or regulation
 necessary  for  the implementation of this act on its effective date are
 authorized to be made and completed on or before such effective date.