LBD11486-09-2
S. 8166 2
PRIATE WORKING CONDITIONS INCLUDE THE FOLLOWING: EXPOSURE TO KNOWN
CARCINOGENS THAT HAVE BEEN FOUND TO CAUSE CANCER, ASTHMA, AND REPRODUC-
TIVE HEALTH ISSUES FOR NAIL SALON WORKERS; LONG HOURS IN POORLY VENTI-
LATED AREAS; UNPREDICTABLE WORK SCHEDULES THAT ADVERSELY AFFECT NAIL
SALON WORKERS' ABILITY TO ACT AS CAREGIVERS TO THEIR DEPENDENTS;
NONSTANDARD PROCEDURES FOR OBTAINING CERTIFICATIONS; INCONSISTENT STAND-
ARDS AND CRITERIA FOR WORK PERFORMED BY TRAINEES; AND HIGH RATES OF WAGE
THEFT. THE CURRENT SYSTEM OF RELYING EXCLUSIVELY ON INDIVIDUAL
COMPLAINTS TO THE DEPARTMENT HAS NOT BEEN EFFECTIVE AT CREATING INDUS-
TRY-WIDE COMPLIANCE WITH REGULATIONS NOW IN EFFECT. INTENSE COMPETITION
ON PRICE HAS DRIVEN DOWN STANDARDS TO THE DETRIMENT OF WORKERS, CONSUM-
ERS, AND EMPLOYERS THEMSELVES. DATA HAS SHOWN THAT THERE IS A STRONG
CORRELATION BETWEEN PRICES AND WAGE VIOLATIONS: THE LOWER THE PRICES,
THE HIGHER THE RATES OF WAGE VIOLATIONS THAT OCCUR IN NAIL SALONS. DUE
TO SLIM PROFIT MARGINS AND INTENSE INDUSTRY COMPETITION, EVEN SMALL
BUSINESSES WISHING TO INCREASE PAY AND IMPROVE WORKING CONDITIONS ARE
UNABLE TO DO SO. IT IS IMPERATIVE THAT SUCH MARKET CONDITIONS BE
CORRECTED AND REGULATED BY THE STATE OF NEW YORK.
THE PURPOSE OF THIS ARTICLE IS TO INSTALL A MECHANISM TO RAISE INDUS-
TRY STANDARDS FOR NAIL SALON WORKERS, OWNERS, AND CUSTOMERS THROUGH A
PARTICIPATORY AND ACCESSIBLE PROCESS AND TO SET THE FOUNDATION FOR A
THRIVING, STABLE, AND SUSTAINABLE NAIL SALON INDUSTRY IN NEW YORK.
ACCORDINGLY, IT IS THE DECLARED POLICY OF THE STATE OF NEW YORK THAT
INAPPROPRIATE CONDITIONS BE ELIMINATED AS RAPIDLY AS PRACTICABLE WITHOUT
SUBSTANTIALLY CURTAILING OPPORTUNITIES FOR EMPLOYMENT OR EARNING POWER.
TO THIS END, THE COMMISSIONER SHALL ESTABLISH A NAIL SALON MINIMUM STAN-
DARDS COUNCIL PURSUANT TO SECTION SIX HUNDRED NINETY-SEVEN-B OF THIS
ARTICLE, TO INVESTIGATE AND RECOMMEND MINIMUM WAGES AND STANDARDS IN THE
NAIL SALON INDUSTRY, AND THE COMMISSIONER SHALL ESTABLISH AND IMPLEMENT
AND MAINTAIN SUCH WAGES AND STANDARDS. FURTHERMORE, THE COMMISSIONER
SHALL CONVENE AN INDEPENDENT MINIMUM PRICING COMMITTEE PURSUANT TO
SECTION SIX HUNDRED NINETY-SEVEN-C OF THIS ARTICLE TO DETERMINE A FAIR
MINIMUM PRICING MODEL THAT WILL PROVIDE ADEQUATE MAINTENANCE FOR NAIL
SALON WORKERS AND PROTECT CONSUMER AND WORKER HEALTH AND SAFETY STAND-
ARDS WHILE MAINTAINING BUSINESS ENTERPRISE AUTONOMY AND A COMPETITIVE
MARKETPLACE.
THE COMMISSIONER AND THE NAIL SALON MINIMUM STANDARDS COUNCIL ESTAB-
LISHED PURSUANT TO SECTION SIX HUNDRED NINETY-SEVEN-B OF THIS ARTICLE
SHALL HAVE THE POWER TO INVESTIGATE THE WAGES AND STANDARDS FOR WORKERS
IN THE NAIL SALON INDUSTRY TO ASCERTAIN WHETHER THE MINIMUM WAGES AND
STANDARDS ESTABLISHED IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE
ARE SUFFICIENT TO PROVIDE ADEQUATE MAINTENANCE AND ADEQUATE HEALTH
PROTECTIONS FOR NAIL SALON WORKERS, CONSUMERS, AND THE GENERAL PUBLIC.
THE LEGISLATURE UNDERSTANDS THAT PROVISIONS OF THIS ARTICLE MAY HAVE
ANTI-COMPETITIVE EFFECTS, AND ENACTS THIS ARTICLE WITH FULL KNOWLEDGE OF
ITS POSSIBLE ANTI-COMPETITIVE EFFECTS AND WITH THE SPECIFIC INTENTION
THAT ALL CONDUCT AUTHORIZED BY THIS ARTICLE RECEIVE IMMUNITY FROM FEDER-
AL ANTITRUST LAWS TO THE FULLEST EXTENT POSSIBLE.
§ 697-A. DEFINITIONS. AS USED IN THIS ARTICLE: 1. "COUNCIL" MEANS THE
NAIL SALON MINIMUM STANDARDS COUNCIL ESTABLISHED PURSUANT TO SECTION SIX
HUNDRED NINETY-SEVEN-B OF THIS ARTICLE.
2. "MEMBER" MEANS A MEMBER OF THE NAIL SALON MINIMUM STANDARDS COUNCIL
ESTABLISHED PURSUANT TO SECTION SIX HUNDRED NINETY-SEVEN-B OF THIS ARTI-
CLE.
S. 8166 3
3. "STANDARDS" MEANS ANY REQUIREMENTS APPLICABLE TO NAIL SALON WORK-
PLACES FOR WHICH THE COUNCIL MAY PROVIDE RECOMMENDATIONS AS PER SECTION
SIX HUNDRED NINETY-SEVEN-D OF THIS ARTICLE.
4. "NAIL SALON" AND "NAIL FIRM" MEAN AN APPEARANCE ENHANCEMENT BUSI-
NESS WHICH PRACTICES NAIL SPECIALTY, AS THAT TERM IS DEFINED IN SECTION
FOUR HUNDRED OF THE GENERAL BUSINESS LAW.
5. "NAIL SALON WORKER" MEANS ANY PERSON ENGAGED IN WHOLE OR IN PART IN
THE PRACTICE OF NAIL SPECIALTY AS DEFINED IN SECTION FOUR HUNDRED OF THE
GENERAL BUSINESS LAW.
6. "NAIL SALON EMPLOYER" MEANS AN OWNER OR OPERATOR OF AN APPEARANCE
ENHANCEMENT BUSINESS THAT SPECIALIZES IN THE PRACTICE OF NAIL SPECIALTY
AS DEFINED IN SECTION FOUR HUNDRED OF THE GENERAL BUSINESS LAW.
7. "TRAINEE" MEANS A PERSON WHO WORKS AS A TRAINEE AS DEFINED IN
SECTION FOUR HUNDRED OF THE GENERAL BUSINESS LAW.
8. "DELEGATE" MEANS A NON-VOTING MEMBER ON THE NAIL SALON MINIMUM
STANDARDS COUNCIL ESTABLISHED PURSUANT TO SECTION SIX HUNDRED NINETY-
SEVEN-B OF THIS ARTICLE.
9. "NOMINATING REPRESENTATIVE" MEANS A PERSON OR ENTITY APPOINTED BY
THE COMMISSIONER TO NOMINATE MEMBERS OF THE COUNCIL.
§ 697-B. NAIL SALON MINIMUM STANDARDS COUNCIL. 1. (A) THERE IS HEREBY
ESTABLISHED THE NAIL SALON MINIMUM STANDARDS COUNCIL, WHICH SHALL
CONSIST OF FIFTEEN VOTING MEMBERS PLUS SIX NON-VOTING DELEGATE MEMBERS.
THE VOTING MEMBERS SHALL CONSIST OF SIX NAIL SALON WORKERS, SIX NAIL
SALON EMPLOYERS, AND THREE PUBLIC REPRESENTATIVE MEMBERS. THREE OF THE
NON-VOTING DELEGATE MEMBERS SHALL BE NAIL SALON WORKER DELEGATES AND THE
OTHER THREE NON-VOTING DELEGATE MEMBERS SHALL BE NAIL SALON EMPLOYER
DELEGATES. THE COMMISSIONER SHALL APPOINT THE PUBLIC REPRESENTATIVES.
IN ADDITION, THE COMMISSIONER SHALL APPOINT ONE NOMINATING REPRESEN-
TATIVE WITH A DEMONSTRATED HISTORY OF REPRESENTING THE INTERESTS OF
WORKERS IN NEW YORK STATE WHO SHALL NOMINATE AT LEAST SIX WORKER MEMBERS
AND AT LEAST THREE NON-VOTING DELEGATE MEMBERS TO THE COUNCIL. THE
COMMISSIONER SHALL ALSO APPOINT ONE NOMINATING REPRESENTATIVE WITH A
DEMONSTRATED HISTORY OF REPRESENTING THE INTERESTS OF NAIL SALON EMPLOY-
ERS WHO SHALL NOMINATE AT LEAST SIX EMPLOYER MEMBERS AND AT LEAST THREE
NON-VOTING DELEGATE MEMBERS TO THE COUNCIL. THE PUBLIC REPRESENTATIVES
SHALL CONSIST OF THE FOLLOWING: ONE MEMBER FROM THE DEPARTMENT; ONE
MEMBER FROM THE DEPARTMENT OF HEALTH, WITH EXPERTISE IN OCCUPATIONAL
SAFETY AND HEALTH; AND ONE MEMBER AT THE DISCRETION OF THE COMMISSIONER.
THE PUBLIC REPRESENTATIVE MEMBERS SHALL HAVE NO FINANCIAL TIES TO THE
NAIL SALON INDUSTRY, INCLUDING CAMPAIGN CONTRIBUTIONS WITHIN FIVE YEARS
OF SUCH REPRESENTATIVES' APPOINTMENT TO THE COUNCIL, AND SHALL NOT HAVE
HAD COMPLETE OR PARTIAL OWNERSHIP OF A NAIL SALON AT PRESENT OR WITHIN
FIVE YEARS OF SUCH REPRESENTATIVES' APPOINTMENT TO THE COUNCIL. NO
PUBLIC REPRESENTATIVE MEMBER SHALL HAVE LOBBIED ON BEHALF OF NAIL SALON
WORKERS OR NAIL SALON EMPLOYERS WITHIN FIVE YEARS OF SUCH REPRESEN-
TATIVE'S APPOINTMENT TO THE COUNCIL.
(B) THE COMMISSIONER SHALL APPOINT THE NOMINATING REPRESENTATIVE FOR
NAIL SALON WORKERS, THE NOMINATING REPRESENTATIVE FOR NAIL SALON EMPLOY-
ERS, AND THE THREE PUBLIC REPRESENTATIVES WITHIN SIXTY DAYS OF THE
EFFECTIVE DATE OF THIS ARTICLE.
(C) WITHIN SIXTY DAYS OF BEING APPOINTED, THE NOMINATING REPRESEN-
TATIVE FOR NAIL SALON WORKERS SHALL SUBMIT TO THE COMMISSIONER THE NAMES
OF THE NAIL SALON WORKERS AND NON-VOTING WORKER DELEGATES TO BE CONSID-
ERED FOR APPOINTMENT TO THE COUNCIL. WITHIN FIFTEEN DAYS OF RECEIPT OF
THESE NOMINATIONS, THE COMMISSIONER SHALL CONSIDER THE NOMINATIONS AND
S. 8166 4
APPOINT SIX NAIL SALON WORKER MEMBERS AND THREE NAIL SALON WORKER DELEG-
ATES.
(D) OF THE SIX NAIL SALON WORKER MEMBERS:
(I) FOUR NAIL SALON WORKER MEMBERS SHALL BE EMPLOYED AT THE TIME OF
APPOINTMENT AT NAIL SALONS LOCATED IN THE CITY OF NEW YORK, ONE NAIL
SALON WORKER MEMBER SHALL BE EMPLOYED AT THE TIME OF APPOINTMENT AT A
NAIL SALON LOCATED IN WESTCHESTER COUNTY, NASSAU COUNTY OR SUFFOLK COUN-
TY, AND ONE NAIL SALON WORKER MEMBER SHALL BE EMPLOYED AT THE TIME OF
APPOINTMENT AT A NAIL SALON IN ANY COUNTY OF THE STATE EXCEPT FOR THE
CITY OF NEW YORK, WESTCHESTER COUNTY, NASSAU COUNTY OR SUFFOLK COUNTY.
(II) THE NOMINATING REPRESENTATIVE FOR NAIL SALON WORKERS SHALL
ENDEAVOR TO NOMINATE MEMBERS WHO REFLECT THE DEMOGRAPHIC AND CULTURAL
BACKGROUND OF THE POPULATION OF NAIL SALON WORKERS IN THE COUNTIES IN
WHICH THEY WORK AND HAVE LANGUAGE FACILITY IN ONE OR MORE OF THE
LANGUAGES SPECIFIED IN PARAGRAPH (B) OF SUBDIVISION TWO OF THIS SECTION.
(III) PREFERENCE SHALL BE GIVEN TO NAIL SALON WORKERS WITH SIGNIFICANT
EXPERIENCE IN THE NAIL SALON INDUSTRY, AS MEASURED BY TIME SPENT IN THE
INDUSTRY.
(E) THE THREE NON-VOTING WORKER DELEGATE MEMBERS SHALL HAVE DEMON-
STRATED EXPERIENCE IN WORKING DIRECTLY WITH NAIL SALON WORKERS IN AREAS
PERTAINING TO OR ARE ORGANIZATIONS RELATED TO:
(I) LABOR RELATIONS;
(II) OCCUPATIONAL HEALTH AND SAFETY STANDARDS AND COMPLIANCE WITH
THOSE STANDARDS; OR
(III) A COMMUNITY CENTER FOCUSED ON THE NAIL SALON INDUSTRY AND HAS A
MEMBERSHIP THAT INCLUDES BOTH WORKERS AND OWNERS IN NEW YORK.
(F) WITHIN SIXTY DAYS OF BEING APPOINTED, THE NOMINATING REPRESEN-
TATIVE FOR NAIL SALON EMPLOYERS SHALL SUBMIT TO THE COMMISSIONER THE
NAMES OF NAIL SALON EMPLOYERS AND NON-VOTING EMPLOYER DELEGATES. WITHIN
FIFTEEN DAYS OF RECEIPT OF THESE NOMINATIONS, THE COMMISSIONER SHALL
CONSIDER THE NOMINATIONS AND APPOINT SIX NAIL SALON EMPLOYER MEMBERS AND
THREE NAIL SALON EMPLOYER DELEGATES.
(G) OF THE SIX NAIL SALON EMPLOYER MEMBERS:
(I) FOUR NAIL SALON EMPLOYER MEMBERS SHALL AT THE TIME OF THE APPOINT-
MENT BE NAIL SALON EMPLOYERS AT NAIL SALONS LOCATED IN THE CITY OF NEW
YORK, ONE NAIL SALON EMPLOYER MEMBER SHALL AT THE TIME OF THE APPOINT-
MENT BE A NAIL SALON EMPLOYER AT A NAIL SALON LOCATED IN WESTCHESTER
COUNTY, NASSAU COUNTY OR SUFFOLK COUNTY, AND ONE NAIL SALON EMPLOYER
MEMBER SHALL AT THE TIME OF APPOINTMENT BE A NAIL SALON EMPLOYER AT A
NAIL SALON IN ANY COUNTY OF THE STATE EXCEPT FOR THE CITY OF NEW YORK,
WESTCHESTER COUNTY, NASSAU COUNTY OR SUFFOLK COUNTY.
(II) THE NOMINATING REPRESENTATIVE FOR NAIL SALON EMPLOYERS SHALL
ENDEAVOR TO NOMINATE MEMBERS WHO REFLECT THE DEMOGRAPHIC AND CULTURAL
BACKGROUND OF THE POPULATION OF NAIL SALON EMPLOYERS IN THE COUNTIES IN
WHICH THEIR NAIL SALONS OPERATE AND HAVE LANGUAGE FACILITY IN ONE OR
MORE OF THE LANGUAGES SPECIFIED IN PARAGRAPH (B) OF SUBDIVISION TWO OF
THIS SECTION.
(III) PREFERENCE SHALL BE GIVEN TO NAIL SALON EMPLOYERS THAT HAVE A
HIGHER THAN AVERAGE MINIMUM WAGE FOR THEIR NAIL SALON WORKERS AND THAT
DO NOT HAVE ANY JUDGMENTS, INJUNCTIONS, LIENS, OR ADMINISTRATIVE ORDERS
AGAINST THEM; NO NAIL SALON EMPLOYER SHALL BE APPOINTED A MEMBER OR A
DELEGATE WHO HAS AN UNSATISFIED JUDGMENT, LIEN, OR ADMINISTRATIVE ORDER
PENDING AGAINST THEM OR AN INJUNCTION IN EFFECT AGAINST THEM THAT ARISES
OUT OF A VIOLATION OF STATE LABOR LAWS OR FEDERAL WAGE AND HOUR LAWS.
S. 8166 5
(H) THE NON-VOTING EMPLOYER DELEGATE MEMBERS SHALL HAVE DEMONSTRATED
EXPERIENCE IN WORKING DIRECTLY WITH NAIL SALON EMPLOYERS IN AREAS
PERTAINING TO:
(I) LABOR AND GOVERNMENT RELATIONS;
(II) COMPLIANCE AND ADVOCACY RELATED TO OCCUPATIONAL HEALTH AND SAFETY
STANDARDS; OR
(III) GENERAL BUSINESS PRACTICES AND OPERATIONS.
(I) COUNCIL MEMBERS SHALL SERVE THE FULL TERM FOR WHICH THEY HAVE BEEN
APPOINTED. A MEMBER WHO DOES NOT SERVE THE FULL TERM FOR WHICH THEY WERE
APPOINTED SHALL BE REPLACED BY A NEW MEMBER BY APPOINTMENT OF THE
COMMISSIONER FOLLOWING THE COMMISSIONER'S RECEIPT OF NOMINATIONS FROM
THE NOMINATING REPRESENTATIVE. NOMINATIONS SHALL BE SUBMITTED TO THE
COMMISSIONER WITHIN THIRTY DAYS OF SUCH VACANCY ARISING.
(J) THE PUBLIC REPRESENTATIVE MEMBERS SHALL BE THE CHAIRPERSONS OF THE
COUNCIL. THE CHAIRPERSONS SHALL CONDUCT THE MEETINGS OF THE COUNCIL,
TAKE ATTENDANCE AT COUNCIL MEETINGS AND ACT AS THE PRIMARY POINT PERSONS
BETWEEN THE COMMISSIONER AND THE COUNCIL.
(K) THE COUNCIL SHALL CONVENE ITS FIRST MEETING WITHIN SIXTY DAYS OF
THE DATE OF APPOINTMENT OF THE FIFTEEN MEMBERS.
(L) MEMBERS MAY SUBMIT TO THE DEPARTMENT EXPENSES INCURRED FOR TRAVEL
TO AND FROM COUNCIL MEETINGS AND HEARINGS FOR REIMBURSEMENT. MEMBERS
SHALL ALSO RECEIVE A PER DIEM OF ONE HUNDRED TWENTY DOLLARS FOR EACH DAY
OF COUNCIL MEETINGS AND HEARINGS THE MEMBER WAS IN ATTENDANCE.
2. (A) THE COMMISSIONER SHALL ESTABLISH AND MAINTAIN AN ACTIVE WEBSITE
EXPLAINING THE ROLE OF THE COUNCIL, THE MEMBERS OF THE COUNCIL, AND
NON-RETALIATION PROTECTIONS OF THIS ARTICLE WITHIN SIXTY DAYS OF THE
EFFECTIVE DATE OF THIS ARTICLE. THE WEBSITE SHALL ALSO INCLUDE A CURRENT
LIST OF DATES AND LOCATIONS OF COUNCIL MEETINGS AND HEARINGS.
(B) THE WEBSITE SHALL BE ACCESSIBLE IN AT LEAST EACH OF THE FOLLOWING
LANGUAGES: BENGALI, BURMESE, CHINESE, ENGLISH, HAITIAN-CREOLE, ITALIAN,
KOREAN, NEPALI, POLISH, RUSSIAN, SPANISH, TIBETAN, KHMER, AND VIET-
NAMESE.
§ 697-C. MINIMUM PRICING COMMITTEE. 1. THE COMMISSIONER SHALL ESTAB-
LISH AN INDEPENDENT COMMITTEE OF THE COUNCIL WHICH SHALL: EXAMINE PROFIT
MARGINS IN THE NAIL SALON INDUSTRY; EVALUATE NEW YORK'S NAIL SERVICE
PRICES; AND RECOMMEND A FAIR MINIMUM PRICING MODEL FOR ALL NAIL INDUSTRY
SERVICES TO MAINTAIN ADEQUATE CONSUMER AND WORKER HEALTH AND SAFETY
STANDARDS WHILE MAINTAINING BUSINESS ENTERPRISE AUTONOMY AND A COMPET-
ITIVE MARKETPLACE.
2. (A) THE COMMITTEE ESTABLISHED PURSUANT TO SUBDIVISION ONE OF THIS
SECTION SHALL CONSIST OF THREE MEMBERS: ONE RECOMMENDED BY THE NOMINAT-
ING REPRESENTATIVE FOR WORKERS, ONE RECOMMENDED BY THE NOMINATING REPRE-
SENTATIVE FOR EMPLOYERS, AND ONE SELECTED BY THE COMMISSIONER. EACH
MEMBER SHALL BE FROM A DIFFERENT ORGANIZATION AND SHALL HAVE DEMON-
STRATED EXPERIENCE AND EXPERTISE IN ECONOMIC RESEARCH ON THE NAIL SALON
INDUSTRY IN THE STATE OR ON SIMILAR LOW-WAGE INDUSTRIES IN THE STATE.
AT LEAST FIFTEEN DAYS BEFORE FINAL APPROVAL OF THE THREE COMMITTEE
MEMBERS, THE COMMISSIONER SHALL APPRISE MEMBERS AND DELEGATES OF THE
COUNCIL OF THE INDIVIDUALS THE COMMISSIONER IS CONSIDERING FOR APPOINT-
MENT AND FORWARD TO THE MEMBERS AND DELEGATES ALL OF THE MATERIALS
SUBMITTED BY EACH INDIVIDUAL UNDER CONSIDERATION IN SUPPORT OF THE
APPLICATION. THE COMMISSIONER SHALL PROVIDE THE MEMBERS AND DELEGATES OF
THE COUNCIL AN OPPORTUNITY TO SUBMIT COMMENTS ON EACH INDIVIDUAL UNDER
CONSIDERATION, AND SHALL TAKE ACCOUNT OF SUCH COMMENTS IN MAKING A FINAL
DECISION. THE COMMISSIONER SHALL APPROVE THE COMMITTEE MEMBERS WITHIN
NINETY DAYS OF THE EFFECTIVE DATE OF THIS ARTICLE.
S. 8166 6
(B) THE COMMISSIONER SHALL ESTABLISH A MEMBER APPLICATION WHICH SHALL
ASK, AT A MINIMUM, THE FOLLOWING INFORMATION OF THE APPLICANT: (I) THE
NAME, PHONE NUMBER, AND EMAIL ADDRESS OF THE APPLICANT; (II) THE OCCUPA-
TION AND JOB TITLE OF THE APPLICANT; (III) THE FIRM NAME AND ADDRESS
WHICH THE APPLICANT WORKS FOR OR IS ASSOCIATED WITH; (IV) A DESCRIPTION
OF THE APPLICANT'S EXPERIENCE AND EXPERTISE IN ECONOMIC RESEARCH ON THE
NAIL SALON INDUSTRY IN THE STATE OR ON SIMILAR LOW-WAGE INDUSTRIES IN
THE STATE; AND (V) A LIST OF RESEARCH REPORTS ON TOPICS RELEVANT TO THE
TASKS OF THE COMMITTEE WHICH WERE WRITTEN BY THE APPLICANT OR FOR WHICH
THE APPLICANT PROVIDED INFORMATION.
(C) DELEGATE MEMBERS OF THE COUNCIL SHALL PERIODICALLY PARTICIPATE IN
COMMITTEE MEETINGS TO HELP PROVIDE INDUSTRY BACKGROUND INFORMATION. THE
NON-VOTING MEMBERS SHALL NOT HAVE ANY ROLE IN THE ACTUAL WORK AND
REPORT.
3. THE COMMITTEE SHALL HOLD ITS FIRST MEETING WITHIN THIRTY DAYS OF
APPOINTMENT. THE COMMITTEE SHALL HAVE THE AUTHORITY TO COLLECT INFORMA-
TION THROUGH RESEARCH AND ECONOMIC ANALYSIS AND SHALL COMPILE A REPORT
MAKING RECOMMENDATIONS TO THE COMMISSIONER ON A FAIR PRICING MODEL
SUFFICIENT TO COVER: (A) THE REMUNERATION REQUIRED BY LAW TO BE PAID TO
A NAIL SPECIALTY PRACTITIONER WHO ADMINISTERS NAIL SERVICES; (B) THE
ORDINARY INCIDENTS OF OVERHEAD COSTS INCURRED BY A LICENSEE AT THE
LOCATION IN WHICH THE NAIL SERVICES ARE PROVIDED, INCLUDING THE COST OF
RENT, UTILITIES, AND SUPPLIES; (C) THE COSTS ASSOCIATED WITH ENSURING A
SAFE ENVIRONMENT FOR WORKERS AND CONSUMERS; AND (D) A REASONABLE RETURN
ON INVESTMENT. THE COMMITTEE MAY RECOMMEND A PRICING MODEL THAT VARIES
BY GEOGRAPHIC AREA TO ACCOUNT FOR VARIATIONS IN OVERHEAD COSTS IN SUCH
AREAS, PROVIDED THAT THE PRICE APPLIED WITHIN SUCH AREA SHALL BE UNIFORM
FOR ALL NAIL SALONS OPERATING WITHIN SUCH AREA.
4. THE COMMITTEE SHALL SUBMIT THE REPORT REQUIRED PURSUANT TO SUBDIVI-
SION TWO OF THIS SECTION TO THE COMMISSIONER WITHIN ONE YEAR OF THE
FIRST MEETING OF THE COMMITTEE; PROVIDED HOWEVER, THAT THE COMMITTEE HAS
DULY AND SUFFICIENTLY CONSIDERED ALL RECOMMENDATIONS OF THE COUNCIL
ACCEPTED BY THE COMMISSIONER PURSUANT TO SECTION SIX HUNDRED NINETY-SEV-
EN-E OF THIS ARTICLE PRIOR TO SUBMITTING THE REPORT. IF THE COMMITTEE
REQUIRES MORE TIME TO CONSIDER THE RECOMMENDATIONS OF THE COUNCIL
ACCEPTED BY THE COMMISSIONER, THE COMMITTEE MAY SUBMIT A REQUEST FOR AN
EXTENSION OF THE REPORT FOR NO MORE THAN NINETY DAYS.
5. THE COMMISSIONER SHALL REVIEW THE REPORT SUBMITTED BY THE COMMITTEE
AND WITHIN THIRTY DAYS OF RECEIPT THEREOF SHALL APPROVE, REJECT, OR
MODIFY PRICING MODEL RECOMMENDATIONS. ANY MODIFICATION TO A MINIMUM
PRICING RECOMMENDATION SHALL ENSURE A REASONABLE AND SUFFICIENT RATE OF
PAY AND PRICE FOR SERVICE TO PREVENT WAGE THEFT AND OTHER VIOLATIONS OF
FEDERAL AND STATE WAGE LAWS AND APPLICABLE REGULATIONS.
(A) IF A RECOMMENDATION IS MODIFIED BY THE COMMISSIONER, THE COMMIS-
SIONER SHALL ISSUE AN EXPLANATION FOR THE MODIFICATION WHICH SHALL
STATE: (I) WHY THE PROPOSED RECOMMENDATION BY THE COMMITTEE IS INSUFFI-
CIENT TO MEET THE HEALTH, SAFETY, AND WELL-BEING OF THE INDUSTRY AND
WORKERS; AND (II) WHY THE MODIFIED RECOMMENDATION PROVIDES BUSINESSES
WITH A REASONABLE RETURN ON INVESTMENT WHILE ENSURING THEIR ABILITY TO
MEET WAGE REQUIREMENTS AND OTHER STANDARDS SUFFICIENT TO PROVIDE
ADEQUATE MAINTENANCE FOR PERSONS EMPLOYED IN THE NAIL SALON INDUSTRY.
(B) IF A RECOMMENDATION IS REJECTED BY THE COMMISSIONER, THE MEMORAN-
DUM SHALL STATE: (I) WHY THE PROPOSED RECOMMENDATION BY THE COMMITTEE IS
INSUFFICIENT TO MEET THE HEALTH, SAFETY, AND WELL-BEING OF THE INDUSTRY
AND ITS WORKERS; AND (II) WHY MODIFICATION OF SUCH RECOMMENDATION WAS
NOT REASONABLY FEASIBLE.
S. 8166 7
6. ANY RECOMMENDATION OR MODIFICATION THEREOF ACCEPTED BY THE COMMIS-
SIONER SHALL BE PUBLISHED AS A PROPOSED REGULATION IN THE NEW YORK STATE
REGISTER FOR A PERIOD OF THIRTY DAYS, AND THE PUBLIC SHALL BE PERMITTED
TO SUBMIT COMMENTS ON THE MATTER TO THE COMMISSIONER DURING THAT PERIOD.
AT THE CONCLUSION OF THAT THIRTY-DAY PERIOD, THE COMMISSIONER SHALL
EITHER ADOPT THE PROPOSAL AS A FINAL REGULATION, OR PUBLISH IN THE NEW
YORK STATE REGISTER A REVISED PROPOSED REGULATION. IN THE EVENT THE
COMMISSIONER PUBLISHES A REVISED PROPOSED REGULATION, THE PUBLIC SHALL
BE PERMITTED TO SUBMIT COMMENTS ON THE MATTER TO THE COMMISSIONER DURING
THAT PERIOD. UPON THE COMMISSIONER'S ADOPTION OF A FINAL REGULATION, THE
REGULATION SHALL HAVE THE FORCE AND EFFECT OF LAW.
7. A REGULATION ADOPTED BY THE COMMISSIONER PURSUANT TO THIS SECTION
SHALL BE EFFECTIVE THIRTY DAYS FOLLOWING THE COMMISSIONER'S ADOPTION OF
A FINAL REGULATION.
§ 697-D. POWERS AND DUTIES OF THE COUNCIL. 1. IN ADDITION TO THE FUNC-
TIONS, POWERS AND DUTIES OTHERWISE PROVIDED BY THIS ARTICLE, THE COUNCIL
SHALL HAVE THE FOLLOWING POWERS AND DUTIES:
(A) TO INVESTIGATE THE WAGES AND STANDARDS FOR WORKERS IN THE NAIL
SALON INDUSTRY TO ASCERTAIN WHETHER THE MINIMUM WAGES AND STANDARDS
ESTABLISHED IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE ARE SUFFI-
CIENT TO PROVIDE ADEQUATE MAINTENANCE AND TO PROTECT THE HEALTH OF NAIL
SALON WORKERS, CONSUMERS, AND THE GENERAL PUBLIC;
(B) TO MAKE RECOMMENDATIONS TO THE COMMISSIONER ON MINIMUM WAGES,
REGULATIONS AND MINIMUM STANDARDS GOVERNING WORKING CONDITIONS FOR NAIL
SALON WORKERS, AND TO MAKE OTHER RECOMMENDATIONS TO PROMOTE EMPLOYER
COMPLIANCE WITH MINIMUM WAGES, REGULATIONS AND MINIMUM STANDARDS GOVERN-
ING WORKING CONDITIONS FOR NAIL SALON WORKERS. SUCH RECOMMENDATIONS
SHALL TAKE INTO CONSIDERATION THE MINIMUM WAGE SUFFICIENT TO PROVIDE
ADEQUATE MAINTENANCE AND TO PROTECT THE HEALTH AND SAFETY OF NAIL SALON
WORKERS, THE VALUE OF THE WORK OR CLASSIFICATION OF WORK PERFORMED BY
NAIL SALON WORKERS, AND THE WAGES PAID IN THE STATE FOR WORK OF LIKE OR
COMPARABLE CHARACTER;
(C) TO CONSULT WITH EMPLOYERS AND WORKERS IN THE NAIL SALON INDUSTRY
AND WITH SUCH OTHER PERSONS, INCLUDING THE COMMISSIONER AND EXPERTS IN
ECONOMICS, HEALTH AND LABOR STANDARDS, AND OTHER RELEVANT FIELDS;
(D) TO COLLECT INFORMATION THROUGH HEARINGS, TESTIMONIES, AND WRITTEN
SUBMISSIONS ON THE FOLLOWING SUBJECTS AS THEY PERTAIN TO THE NAIL SALON
INDUSTRY:
(I) THE ADEQUACY OF MINIMUM HOURLY WAGES, MINIMUM WEEKLY WAGES, AND
PIECE RATES IN THE THREE ZONES IN SECTION SIX HUNDRED FIFTY-TWO OF THIS
CHAPTER;
(II) GRATUITIES;
(III) MINIMUM WEEKLY HOURS, DIFFERENTIATED FOR PART-TIME, FULL-TIME,
AND TRAINEE WORKERS;
(IV) SCHEDULING REQUIREMENTS AND ADVANCE NOTICE FOR SCHEDULE CHANGES
(PREDICTABLE SCHEDULING);
(V) POLICIES REGARDING SICK DAYS, HOLIDAYS, AND OTHER RELATED LEAVES
OF ABSENCE;
(VI) POLICIES REGARDING DISCIPLINARY ACTIONS AND TERMINATION;
(VII) HEALTH AND SAFETY PROTECTIONS FOR CONSUMERS;
(VIII) ENFORCEMENT OF ANTI-DISCRIMINATION LAWS;
(IX) TRAININGS, TRAINEES, AND CERTIFICATIONS;
(X) JOB DESCRIPTIONS AND DUTIES; AND
(XI) OTHER EMPLOYMENT BENEFITS THAT MAY BE NECESSARY FOR THE
PROTECTION OF THE HEALTH AND SAFETY OF THE WORKERS.
S. 8166 8
2. THE COUNCIL SHALL HAVE THE POWER, SUBJECT TO THE PROVISIONS OF
SECTION SEVENTY-THREE OF THE CIVIL RIGHTS LAW, TO HOLD HEARINGS, SUBPOE-
NA WITNESSES, ADMINISTER OATHS, TAKE TESTIMONY AND COMPEL THE PRODUCTION
OF BOOKS, PAPERS, DOCUMENTS AND OTHER EVIDENCE IN FURTHERANCE OF ITS
DUTIES; PROVIDED, HOWEVER, THAT NO SUBPOENA SHALL ISSUE EXCEPT UPON THE
AFFIRMATIVE VOTE OF A MAJORITY OF THE WHOLE MEMBERSHIP OF THE COUNCIL.
THE COUNCIL MAY REQUEST AND SHALL RECEIVE FROM ALL AGENCIES SUCH ASSIST-
ANCE AND DATA AS WILL ENABLE IT TO PROPERLY PERFORM ITS POWERS AND
DUTIES PURSUANT TO THIS SECTION.
3. A QUORUM OF AT LEAST THREE WORKER MEMBERS, THREE EMPLOYER MEMBERS,
AND THREE PUBLIC REPRESENTATIVE MEMBERS SHALL BE REQUIRED AT EACH COUN-
CIL MEETING AND HEARING. IN THE EVENT THAT A MEMBER IS NOT IN ATTENDANCE
FOR THREE CONSECUTIVE MEETINGS AND/OR HEARINGS, SUCH MEMBER'S SEAT SHALL
BE CONSIDERED VACANT AND SHALL BE REPLACED PURSUANT TO PARAGRAPH (I) OF
SUBDIVISION ONE OF SECTION SIX HUNDRED NINETY-SEVEN-B OF THIS ARTICLE.
4. THE COUNCIL SHALL COMPLETE ITS DUTIES AND THE CHAIRPERSONS SHALL
SUBMIT THE REPORT REQUIRED PURSUANT TO THIS ARTICLE TO THE COMMISSIONER
WITHIN ONE HUNDRED EIGHTY DAYS OF THE FIRST MEETING OF THE COUNCIL. THE
REPORT SHALL CONTAIN EVIDENCE, EITHER FROM TESTIMONY OR WRITTEN
SUBMISSIONS, FOR THE BASIS OF EACH RECOMMENDATION CONTAINED THEREIN.
5. EACH RECOMMENDATION SHALL BE VOTED AND ACCEPTED BY A MAJORITY VOTE
OF THE COUNCIL AT THE FINAL MEETING OF THE COUNCIL. ONLY THE VOTES OF
THOSE IN ATTENDANCE SHALL BE COUNTED; PROVIDED, HOWEVER, THAT ALL OF THE
VOTES OF THE WORKER MEMBERS SHALL BE COUNTED AS ONE VOTE (THE MAJORITY
OF THE VOTES OF THE WORKER MEMBERS IN ATTENDANCE SHALL BE DETERMINATIVE
OF THAT ONE VOTE), ALL OF THE VOTES OF THE EMPLOYER MEMBERS IN ATTEND-
ANCE SHALL BE COUNTED AS ONE VOTE (THE MAJORITY OF THE VOTES OF THE
EMPLOYER MEMBERS IN ATTENDANCE SHALL BE DETERMINATIVE OF THAT ONE VOTE),
AND ALL OF THE VOTES OF THE PUBLIC REPRESENTATIVE MEMBERS IN ATTENDANCE
SHALL COUNT AS ONE VOTE (THE MAJORITY OF THE VOTES OF THE PUBLIC REPRE-
SENTATIVE MEMBERS IN ATTENDANCE SHALL BE DETERMINATIVE OF THAT ONE
VOTE). HOWEVER, IF QUORUM CANNOT BE ACHIEVED AT THE FINAL MEETING ON THE
FIRST DATE SCHEDULED BY THE COUNCIL, THEN THE COUNCIL SHALL POSTPONE THE
MEETING AND SET A SECOND DATE FOR THE FINAL MEETING WHICH SHALL OCCUR
WITHIN THE NEXT THIRTY DAYS AND IF QUORUM CANNOT BE ACHIEVED BY THE
SECOND DATE SCHEDULED BY THE COUNCIL, THE MEMBERS IN ATTENDANCE SHALL
TAKE A VOTE ON EACH OF THE RECOMMENDATIONS AND PROVIDE AN OPPORTUNITY
FOR REMAINING MEMBERS TO VOTE VIA ELECTRONIC MAIL TO THE THREE PUBLIC
REPRESENTATIVES WITHIN FORTY-EIGHT HOURS.
6. THE COUNCIL SHALL HOLD AT LEAST FOUR HEARINGS, AT LEAST TWO OF
WHICH SHALL TAKE PLACE IN THE CITY OF NEW YORK, AND ONE IN EACH OF THE
OTHER TWO REGIONS AS DESCRIBED IN SECTION SIX HUNDRED NINETY-SEVEN-B OF
THIS ARTICLE. THE COUNCIL SHALL PROVIDE NOTICE OF EACH HEARING AT LEAST
FOUR WEEKS PRIOR TO SUCH HEARING. SUCH NOTICE SHALL BE PROVIDED THROUGH
A MEANS WHICH SHALL BE DETERMINED BEFORE EACH HEARING AND SHALL DISCLOSE
THE TIME, PLACE, AND FORMAT OF THE HEARING; PROVIDED, HOWEVER, THAT EACH
HEARING SHALL BE SCHEDULED, TO THE BEST EXTENT PRACTICABLE, AT A TIME
CONVENIENT FOR WORKERS AND OWNERS OF NAIL SALONS AND THE COUNCIL.
7. MEMBERS OF THE COUNCIL MAY BRING INDIVIDUALS SERVING IN THE CAPACI-
TY OF INTERPRETER TO COUNCIL MEETINGS, OR THEY MAY REQUEST THAT THE
DEPARTMENT PROVIDE THEM WITH AN INTERPRETER FOR MEETINGS AND HEARINGS.
MEMBER REQUESTS THAT AN INTERPRETER OF A CERTAIN LANGUAGE BE AVAILABLE
FOR A HEARING SHALL BE MADE NO LESS THAN ONE WEEK PRIOR TO THE HEARING
AND THE DEPARTMENT SHALL PROVIDE SUCH INTERPRETATION SERVICES FOR ALL
MEMBERS MAKING SUCH REQUESTS.
S. 8166 9
§ 697-E. POWERS AND DUTIES OF THE COMMISSIONER WITH RESPECT TO THE
COUNCIL. IN ADDITION TO THE FUNCTIONS, POWERS AND DUTIES OTHERWISE
PROVIDED BY THIS ARTICLE, AND NOTWITHSTANDING ANY OTHER PROVISIONS OF
LAW, THE COMMISSIONER SHALL:
1. PROMULGATE RULES AND REGULATIONS GOVERNING THE MANNER IN WHICH THE
COUNCIL SHALL FUNCTION AND PERFORM ITS DUTIES UNDER THIS ARTICLE,
INCLUDING PROCEDURES TO BE FOLLOWED BY THE COMMITTEE, TO ENSURE THAT THE
ACTIONS OF THE COUNCIL ARE CONSISTENT WITH THE GOALS AS DESCRIBED IN THE
STATEMENT OF PUBLIC POLICY;
2. FURNISH THE COUNCIL AND THE COMMITTEE WITH ADEQUATE LEGAL, STENO-
GRAPHIC, CLERICAL, LINGUISTIC, AND OTHER ASSISTANCE AS DEEMED NEEDED,
INCLUDING, BUT NOT LIMITED TO, ADMINISTRATIVE RESOURCES AND MEETING
FACILITATORS;
3. SUBMIT DATA WHICH IS AVAILABLE TO THE COMMISSIONER TO THE COUNCIL
ON THE MATTERS WITHIN THE SCOPE OF THE POWERS AND DUTIES OF THE COUNCIL;
4. PROVIDE TRANSLATION OF ALL DOCUMENTS AND FORMS USED BY OR ISSUED TO
MEMBERS OF THE COUNCIL. SUCH TRANSLATION SHALL BE MADE AVAILABLE IN THE
LANGUAGES AS REQUESTED BY WORKER AND EMPLOYER REPRESENTATIVES. THE
COMMISSIONER SHALL DIRECT THE DEPARTMENT TO PROVIDE INTERPRETATION
SERVICES TO MEMBERS AND HEARING ATTENDEES AT ALL COUNCIL MEETINGS AND
HEARINGS;
5. REVIEW THE REPORT AND RECOMMENDATIONS SUBMITTED BY THE COUNCIL AND,
UPON REVIEW, APPROVE OR REJECT EACH RECOMMENDATION. IF A RECOMMENDATION
IS REJECTED BY THE COMMISSIONER, THE COUNCIL SHALL NOT BE PRECLUDED IN
CONSIDERING THE SAME RECOMMENDATION WHEN THE COUNCIL RECONVENES FOR
FUTURE MEETINGS;
6. SUBMIT A WRITTEN MEMORANDUM TO THE COUNCIL AND THE LEGISLATURE
WITHIN THIRTY DAYS OF RECEIPT OF THE REPORT SUBMITTED BY THE COUNCIL.
SUCH MEMORANDUM SHALL EXPLAIN THE FINAL ACTION REGARDING EACH RECOMMEN-
DATION INCLUDED IN THE REPORT, INCLUDING AN EXPLANATION AND REASON FOR
THE REJECTION OF ANY RECOMMENDATIONS;
7. PUBLISH ANY RECOMMENDATION ACCEPTED BY THE COMMISSIONER AS A
PROPOSED REGULATION IN THE NEW YORK STATE REGISTER FOR A PERIOD OF THIR-
TY DAYS, AND THE PUBLIC SHALL BE PERMITTED TO SUBMIT COMMENTS ON THE
MATTER TO THE COMMISSIONER DURING THAT PERIOD. AT THE CONCLUSION OF THE
THIRTY-DAY PERIOD, THE COMMISSIONER SHALL EITHER ADOPT THE PROPOSAL AS A
FINAL REGULATION OR REJECT IT. IN THE EVENT THE COMMISSIONER REJECTS THE
PROPOSED REGULATION, THE COMMISSIONER SHALL STATE THE REASONS FOR THE
REJECTION, AND SUCH REJECTION OF THE PROPOSED REGULATION SHALL NOT
PRECLUDE THE COUNCIL FROM CONSIDERING THE SAME RECOMMENDATION WHEN THE
COUNCIL RECONVENES FOR FUTURE MEETINGS. UPON THE COMMISSIONER'S ADOPTION
OF A FINAL REGULATION, THE REGULATION SHALL HAVE THE FORCE AND EFFECT OF
LAW; AND
8. PROMOTE COMPLIANCE WITH THE MINIMUM STANDARDS AS ADOPTED BY THE
COMMISSIONER PURSUANT TO THIS SECTION BY: (A) ISSUING TO THE SECRETARY
OF STATE A QUARTERLY REPORT ON ANY NAIL SALON BUSINESS DETERMINED TO BE
LIABLE IN A CIVIL, CRIMINAL, OR ADMINISTRATIVE ACTION INVOLVING EGRE-
GIOUS OR REPEATED NONCOMPLIANCE WITH THE MINIMUM STANDARDS ADOPTED BY
THE COMMISSIONER WHICH SHALL INCLUDE THE NAME OF THE BUSINESS AND SPECI-
FY THE VIOLATION OR VIOLATIONS, THE DATES OF OCCURRENCE, AND ANY FINES,
PENALTIES, AND JUDGMENTS RENDERED; AND (B) PUBLISHING SUCH REPORT ON THE
WEBSITE DESCRIBED IN PARAGRAPH (A) OF SUBDIVISION TWO OF SECTION SIX
HUNDRED NINETY-SEVEN-B OF THIS ARTICLE.
§ 697-F. LABOR PROTECTIONS. 1. NO NAIL SALON OWNER OR MANAGER SHALL
DISCHARGE OR IN ANY MANNER DISCRIMINATE OR RETALIATE AGAINST ANY NAIL
SALON WORKER BECAUSE: (A) THE WORKER HAS MADE ANY COMPLAINT OR DISCLOSED
S. 8166 10
ANY INFORMATION TO THE COUNCIL REGARDING WORKING CONDITIONS, HEALTH
MEASURES, OR RATES OF PAY; (B) THE WORKER HAS TESTIFIED OR SUBMITTED
TESTIMONY AT A HEARING SPONSORED BY THE COUNCIL; (C) THE WORKER HAS
PARTICIPATED AS A WORKER REPRESENTATIVE ON THE COUNCIL OR APPLIED TO BE
A WORKER REPRESENTATIVE; OR (D) THE EMPLOYER BELIEVES THAT THE WORKER
HAS MADE A COMPLAINT TO HIS OR HER EMPLOYER, THE COMMISSIONER OR HIS OR
HER AUTHORIZED REPRESENTATIVE, OR THE ATTORNEY GENERAL.
2. ANY NAIL SALON WORKER DISCHARGED OR OTHERWISE DISCRIMINATED OR
RETALIATED AGAINST IN THE TERMS AND CONDITIONS OF EMPLOYMENT IN
VIOLATION OF SUBDIVISION ONE OF THIS SECTION SHALL BE ENTITLED TO REIN-
STATEMENT, TRIPLE ANY LOST WAGES AND WORK BENEFITS CAUSED BY SUCH
VIOLATION, AND ANY REASONABLY INCURRED ATTORNEYS' FEES AND COSTS IN
ACCORDANCE WITH SECTION TWO HUNDRED FIFTEEN OF THIS CHAPTER.
§ 697-G. FUTURE MEETINGS. THE COUNCIL SHALL RECONVENE NO LATER THAN
TWO YEARS AFTER THE IMPLEMENTATION OF THE COUNCIL'S LAST RECOMMENDA-
TIONS. THREE MONTHS PRIOR TO SUCH MEETING, THE COMMISSIONER SHALL
CONTACT THE CURRENT MEMBERS, WHO SHALL ATTEST TO ANY CHANGES IN THEIR
EMPLOYMENT OR OWNERSHIP STATUS AT NAIL SALONS. IF A MEMBER OF THE COUN-
CIL STEPS DOWN, THE COMMISSIONER SHALL APPOINT NEW MEMBERS TO THE COUN-
CIL CHOSEN BY THE NOMINATING REPRESENTATIVES OF THE NAIL SALON WORKERS
OR NAIL SALON EMPLOYERS IN ACCORDANCE WITH THE PROVISIONS OF SECTION SIX
HUNDRED NINETY-SEVEN-B OF THIS ARTICLE.
§ 697-H. SEVERABILITY. IF ANY SECTION OF THIS ARTICLE OR THE APPLICA-
TION THEREOF TO ANY PERSON OR CIRCUMSTANCES SHALL BE ADJUDGED INVALID BY
A COURT OF COMPETENT JURISDICTION, SUCH ORDER OR JUDGMENT SHALL BE
CONFINED IN ITS OPERATION TO THE CONTROVERSY IN WHICH IT WAS RENDERED,
AND SHALL NOT AFFECT OR INVALIDATE THE REMAINDER OF ANY PROVISION OF ANY
SECTION OR THE APPLICATION OF ANY PART THEREOF TO ANY OTHER PERSON OR
CIRCUMSTANCE AND TO THIS END THE PROVISIONS OF EACH SECTION OF THE ARTI-
CLE ARE HEREBY DECLARED TO BE SEVERABLE.
§ 697-I. PREEMPTION. THIS LAW SHALL NOT PREEMPT ANY STATE OR LOCAL
ENACTMENT WHICH PROVIDES GREATER BENEFITS OR PROTECTIONS TO A COVERED
WORKER.
§ 3. Paragraph b of subdivision 2 of section 102 of the state adminis-
trative procedure act is amended by adding a new subparagraph (xv) to
read as follows:
(XV) ANY REGULATION PROMULGATED BY THE COMMISSIONER OF LABOR IN
ACCORDANCE WITH ARTICLE NINETEEN-E OF THE LABOR LAW.
§ 4. This act shall take effect immediately.
