The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    378
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 9, 2023
                                ___________
 
 Introduced  by  M.  of  A. BRONSON, CLARK, DICKENS, DINOWITZ, GALLAGHER,
   HEVESI,   L. ROSENTHAL,   STECK,   GONZALEZ-ROJAS,   REYES,   MAMDANI,
   SEAWRIGHT, SIMON, COLTON -- read once and referred to the Committee on
   Labor
 
 AN  ACT  to  amend  the labor law and the state administrative procedure
   act, in relation to enacting the nail salon minimum standards  council
   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 "nail salon
 minimum standards council act".
   § 2. The labor law is amended by adding a new article 19-E to read  as
 follows:
                               ARTICLE 19-E
                 NAIL SALON MINIMUM STANDARDS COUNCIL ACT
 SECTION 697.   STATEMENT OF PUBLIC POLICY.
         697-A. DEFINITIONS.
         697-B. NAIL SALON MINIMUM STANDARDS COUNCIL.
         697-C. MINIMUM PRICING COMMITTEE.
         697-D. POWERS AND DUTIES OF THE COUNCIL.
         697-E. POWERS AND DUTIES OF THE COMMISSIONER WITH RESPECT TO THE
                  COUNCIL.
         697-F. LABOR PROTECTIONS.
         697-G. FUTURE MEETINGS.
         697-H. SEVERABILITY.
         697-I. PREEMPTION.
   §  697.  STATEMENT  OF PUBLIC POLICY. THE LEGISLATURE HEREBY FINDS AND
 DECLARES THAT THERE ARE PERSONS EMPLOYED IN THE NAIL SALON  INDUSTRY  IN
 THE  STATE  OF  NEW  YORK AT WAGES AND STANDARDS INSUFFICIENT TO PROVIDE
 ADEQUATE MAINTENANCE AND ADEQUATE HEALTH PROTECTIONS FOR THEMSELVES  AND
 THEIR  FAMILIES.  SUCH  EMPLOYMENT:  IMPAIRS THE HEALTH, EFFICIENCY, AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01761-01-3

 A. 378                              2
 
 WELL-BEING OF SUCH WORKERS; CONSTITUTES UNFAIR COMPETITION AGAINST OTHER
 EMPLOYERS AND THEIR WORKERS; THREATENS THE STABILITY  OF  THE  INDUSTRY;
 REDUCES   THE  PURCHASING  POWER  OF  WORKERS;  AND  REQUIRES,  IN  MANY
 INSTANCES,  THAT  WAGES  BE SUPPLEMENTED BY THE PAYMENT OF PUBLIC MONEYS
 FOR RELIEF OR OTHER PUBLIC AND PRIVATE ASSISTANCE.  DOCUMENTED  INAPPRO-
 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.
 A. 378                              3
 
   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.
   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-
 A. 378                              4
 
 ERED  FOR  APPOINTMENT TO THE COUNCIL. WITHIN FIFTEEN DAYS OF RECEIPT OF
 THESE NOMINATIONS, THE COMMISSIONER SHALL CONSIDER THE  NOMINATIONS  AND
 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.
 A. 378                              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.
 A. 378                              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.
 A. 378                              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.
 A. 378                              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.
 A. 378                              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
 A. 378                             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. Subparagraph (xiv) of paragraph b of subdivision 2 of section 102
 of the state administrative procedure act, as added by  chapter  493  of
 the  laws  of  2010,  is amended and a new subparagraph (xv) is added to
 read as follows:
   (xiv) any regulation comprised solely of one or more additions to  the
 list  of  nonprescription  drugs reimbursable under the medicaid program
 pursuant to paragraph (a) of subdivision four of section  three  hundred
 sixty-five-a of the social services law[.]; OR
   (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.