Senate Bill S7976

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7976
 
                             I N  S E N A T E
 
                              January 4, 2024
                                ___________
 
 Introduced  by  Sen.  RAMOS  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Labor
 
 AN ACT to amend the labor law,  in  relation  to  local  enforcement  of
   violations  of  the  state minimum wage in a city with a population of
   one million or more
 
   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 "protection
 and oversight of worker enforcement rights (POWER) act".
   § 2. The labor law is amended by adding a new section 219-b to read as
 follows:
   §  219-B.  LOCAL  ENFORCEMENT  AUTHORITY.  1. AS USED IN THIS SECTION,
 "FISCAL OFFICER" MEANS THE COMPTROLLER OF THE CITY OF NEW YORK.
   2. THE FISCAL OFFICER MAY ENFORCE AND INVESTIGATE  VIOLATIONS  OF  THE
 STATE  MINIMUM  WAGE,  AND  THE  FOLLOWING  PROVISIONS OF THE LABOR LAW:
 SUBDIVISION NINE OF SECTION TWENTY-SEVEN-D OF THIS CHAPTER AND  SUBDIVI-
 SION  ONE  OF  SECTION TWO HUNDRED FIFTEEN OF THIS ARTICLE; SECTIONS ONE
 HUNDRED SIXTY-SEVEN, ONE HUNDRED SEVENTY, ONE HUNDRED NINETY-ONE THROUGH
 ONE HUNDRED NINETY-THREE, ONE HUNDRED NINETY-SIX-D, ONE HUNDRED  NINETY-
 EIGHT-B,  AND  ONE  HUNDRED NINETY-EIGHT-E OF THIS CHAPTER; SECTIONS TWO
 HUNDRED EIGHTEEN, TWO HUNDRED NINETEEN, AND TWO  HUNDRED  NINETEEN-C  OF
 THIS  ARTICLE;  ARTICLES  NINETEEN,  NINETEEN-D, TWENTY-C, TWENTY-ONE-A,
 TWENTY-FIVE-B AND TWENTY-FIVE-C OF THIS CHAPTER; AND ANY REGULATIONS AND
 WAGE ORDERS PROMULGATED IN IMPLEMENTING SUCH ARTICLES OR PROVISIONS. THE
 FISCAL OFFICER SHALL FURTHER BE AUTHORIZED TO  ENFORCE  AND  INVESTIGATE
 VIOLATIONS  OF  ANY  OTHER LOCAL LAW, ORDINANCE, OR REGULATION REQUIRING
 PAYMENT OF A MINIMUM WAGE OR COMPENSATION, OR ESTABLISHING A LABOR STAN-
 DARD  FOR  WORK  PERFORMED  WITHIN  THE  CITY'S  GEOGRAPHIC  BOUNDARIES;
 PROVIDED, HOWEVER, THAT THE FISCAL OFFICER SHALL NOT ENFORCE THOSE LOCAL
 LABOR  STANDARDS THAT THE COMMISSIONER OF CONSUMER AND WORKER PROTECTION
 OF SUCH CITY OR ANY SUCCESSOR TO SUCH OFFICE IS CHARGED WITH  ENFORCING,
 UNLESS  SUCH ENFORCEMENT AUTHORITY IS OTHERWISE PROVIDED BY LOCAL LAW OR
 THE LABOR STANDARD RELATES TO THE  REGULATION  OF  FINANCIALLY  ASSISTED
 WORKPLACES  OR THE PROCUREMENT OF GOODS, SERVICES OR OFFICE SPACE BY THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD13751-01-3
 S. 7976                             2

 CITY OR A CITY ECONOMIC DEVELOPMENT ENTITY. TO EFFECTUATE ENFORCEMENT OF
 THE PROVISIONS SET FORTH IN THIS SECTION, THE FISCAL  OFFICER  SHALL  BE
 EMPOWERED  WITH  THE SAME AUTHORITY AS THE COMMISSIONER AS SET FORTH IN:
 SUBDIVISIONS  ONE,  TWO, EIGHT, NINE, TEN, AND ELEVEN OF SECTION TWENTY-
 ONE OF THIS CHAPTER; AND SECTIONS TWENTY-FIVE,  TWENTY-SIX,  THIRTY-ONE,
 THIRTY-EIGHT, AND THIRTY-NINE OF THIS CHAPTER, INCLUDING BUT NOT LIMITED
 TO  THE  RIGHT  TO  INSPECT PREMISES, ISSUE SUBPOENAS, ADMINISTER OATHS,
 EXAMINE WITNESSES, TAKE  AFFIDAVITS,  AND  INSPECT  BOOKS,  PAPERS,  AND
 RECORDS. THE FISCAL OFFICER SHALL BE EMPOWERED TO ADOPT FURTHER ENFORCE-
 MENT PROVISIONS, REMEDIES, PENALTIES, AND OTHER IMPLEMENTING REGULATIONS
 CONSISTENT  WITH  THIS  SECTION. PROVIDED, HOWEVER, THAT NOTHING IN THIS
 SECTION SHALL LIMIT THE AUTHORITY OR OBLIGATION OF THE DEPARTMENT OR ANY
 OTHER GOVERNMENT AGENCY TO ENFORCE ANY PROVISION OF THIS CHAPTER OR  ANY
 OTHER  LAW REQUIRING PAYMENT OF A MINIMUM WAGE OR COMPENSATION OR ESTAB-
 LISHING A LABOR STANDARD WITHIN THE GEOGRAPHIC BOUNDARIES OF A CITY WITH
 A POPULATION OF ONE MILLION OR MORE OR ELSEWHERE.
   § 3. This act shall take effect immediately.