Assembly Bill A9538

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9538
 
                           I N  A S S E M B L Y
 
                              March 16, 2022
                                ___________
 
 Introduced by M. of A. JOYNER -- read once and referred to the Committee
   on Labor
 
 AN  ACT  to  amend the labor law, in relation to requiring human service
   providers that contract with the state to pay their employees a  mini-
   mum wage of twenty-one dollars per hour
 
   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  224-e  to
 read as follows:
   §  224-E. WAGE REQUIREMENTS FOR CERTAIN HUMAN SERVICES WORKERS. 1. FOR
 THE PURPOSES OF THIS SECTION:
   (A) "HUMAN SERVICES" SHALL MEAN ANY SERVICE PROVIDED TO INDIVIDUALS OR
 GROUPS OF INDIVIDUALS, FOR THE PURPOSE OF IMPROVING  OR  ENHANCING  SUCH
 INDIVIDUALS'  HEALTH  AND/OR  WELFARE,  BY  ADDRESSING  SOCIAL  PROBLEMS
 INCLUDING BUT NOT LIMITED  TO:  DOMESTIC  VIOLENCE,  TEENAGE  PREGNANCY,
 MIGRANT HEALTH PROBLEMS, CHILD ABUSE, NUTRITIONAL DEFICIENCIES, SUICIDE,
 HUNGER,  UNEMPLOYMENT, LACK OF SUITABLE SHELTER, CRIME, DRUG AND ALCOHOL
 ABUSE AND POVERTY.
   (B) "HUMAN SERVICES PROVIDER" SHALL MEAN ANY:  (I)  NOT-FOR-PROFIT  OR
 CHARITABLE  ORGANIZATION,  OR  (II) LOCAL AGENCY AS DEFINED IN PARAGRAPH
 (C) OF THIS SUBDIVISION, THAT (1) CONTRACTS WITH  ANY  STATE  AGENCY  OR
 OTHER  PUBLIC ENTITY, AS DEFINED IN PARAGRAPH (E) OF THIS SUBDIVISION TO
 PROVIDE HUMAN SERVICES AS DEFINED IN PARAGRAPH (A) OF THIS  SUBDIVISION,
 OR  (2)  DIRECTLY  OR INDIRECTLY RECEIVES ANY PUBLIC FUNDS TO PROVIDE OR
 CONTRACT WITH THIRD PERSONS TO PROVIDE HUMAN SERVICES FOR THE BENEFIT OF
 THE GENERAL PUBLIC OR SPECIFIC CLIENT GROUPS.
   (C) "LOCAL AGENCY" SHALL INCLUDE ALL COUNTY, CITY,  TOWN  AND  VILLAGE
 GOVERNING  BODIES,  ALL OTHER PUBLIC CORPORATIONS, SPECIAL DISTRICTS AND
 SCHOOL DISTRICTS IN THE STATE.
   (D) "STATE AGENCY" SHALL  INCLUDE  ANY  DEPARTMENT,  DIVISION,  BOARD,
 BUREAU,  COMMISSION,  OFFICE, AGENCY, AUTHORITY OR PUBLIC CORPORATION OF
 THE STATE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14495-01-2
 A. 9538                             2
              

 
   (E) "PUBLIC ENTITY" SHALL MEAN ANY LOCAL AGENCY AS  DEFINED  IN  PARA-
 GRAPH  (C)  OF THIS SUBDIVISION AND ANY STATE AGENCY AS DEFINED IN PARA-
 GRAPH (D) OF THIS SUBDIVISION.
   2.  EVERY  CONTRACT  FOR  HUMAN SERVICES ENTERED INTO BETWEEN A PUBLIC
 ENTITY AND A HUMAN SERVICES PROVIDER, AND ANY SUCH CONTRACT ENTERED INTO
 BY A THIRD PARTY ACTING IN PLACE OF, ON BEHALF OF AND FOR THE BENEFIT OF
 SUCH PUBLIC ENTITY PURSUANT TO ANY  LEASE,  PERMIT  OR  OTHER  AGREEMENT
 BETWEEN SUCH THIRD PARTY AND THE PUBLIC ENTITY, SHALL STIPULATE THAT:
   (A) THE HUMAN SERVICES PROVIDER SHALL PAY TO EACH OF ITS EMPLOYEES FOR
 EACH HOUR WORKED A WAGE OF NOT LESS THAN TWENTY-ONE DOLLARS; AND
   (B)  ADEQUATE  FUNDING HAS BEEN APPROPRIATED TO ENSURE COMPLIANCE WITH
 THE MINIMUM WAGE REQUIREMENTS SET FORTH IN PARAGRAPH (A) OF THIS  SUBDI-
 VISION.
   §  2.  This  act  shall  take  effect  immediately  and shall apply to
 contracts and agreements issued, renewed, modified, altered  or  amended
 on or after such date.