A Local Law to amend the administrative code of the city of New York, in relation to wages for building service employees.

Int. No. 386

By Council Members Miller, Chin, Mendez, Rodriguez, Rose, Cohen, Kallos, Constantinides, King, Torres, Levine, Gibson, Rosenthal, Reynoso, Treyger, Lancman, Richards, Ferreras-Copeland, Johnson, Van Bramer, Barron, Eugene, Dromm, Menchaca, Lander, Espinal, Koslowitz, Williams, Cornegy, Cumbo, Levin, Gentile and Ulrich

A Local Law to amend the administrative code of the city of New York, in relation to wages for building service employees.

Be it enacted by the Council as follows:

Section                      1.  Subdivision a of section 6-109 of the administrative code of the city of New York is amended to read as follows:
                     § 6-109.  a.  Definitions.  For the purposes of this section, the following terms shall have the following meanings:

(1) "City" means the City of New York.

(2) "Entity" or "Person" means any individual, sole proprietorship, partnership, association, joint venture, limited liability company, corporation or any other form of doing business.

(3) "Homecare Services" means the provision of homecare services under the city's Medicaid Personal Care/Home Attendant or Housekeeping Programs, including but not limited  to the In-Home Services for the Elderly Programs administered by the Department for the Aging.

(4)  "Building  Services" means work performing any custodial, janitorial, groundskeeping or security guard services, including but not limited to, washing and waxing floors, cleaning windows, cleaning of curtains, rugs, or drapes, and disinfecting and exterminating services.  Such services shall include the work of custodial employees employed by custodian engineers, or persons performing the functions of custodian engineers, to assist in the performance of custodial services, including but not limited to building HVAC operations services, in connection with the care or maintenance of a building.

(5) "Day Care Services" means provision of day care services through the city's center-based day care program administered under contract with the city's administration for children's services.  No other day care programs shall be covered, including family-based day care programs administered by city-contracted day care centers.

(6)  "Head  Start  Services"  means  provision  of head start services through the city's center-based head start  program  administered  under contract  with  the  city's  administration  for children's services. No other head start programs shall be covered.

(7) "Services to Persons with  Cerebral  Palsy"  means  provision  of services which   enable   persons  with  cerebral  palsy  and  related disabilities to lead independent and productive lives through an  agency that provides health care, education, employment, housing and technology resources to such persons under contract with the city or the department of education.

(8)  "Food Services" means the work preparing and/or providing food.  Such services shall include, but not be limited to, those  as  performed by  workers  employed  under  the  titles  as  described  in the federal dictionary of occupational titles for cook,  kitchen  helper,  cafeteria attendant,  and counter attendant. Any contracting agency letting a food services contract under which workers will be employed who do not fall within the foregoing definitions must request  that the comptroller establish classifications and prevailing wage rates for such workers.

(9) "Temporary Services" means the provision of services pursuant to a contract with a temporary services, staffing or employment agency or other similar entity where the workers performing the services are not employees of the contracting agency. Such services shall include those performed by workers employed under the titles as described in the federal dictionary of occupational titles for secretary, word processing machine operator, data entry clerk, file clerk, and general clerk.  Any contracting  agency  letting  a temporary services contract under which workers  will  be  employed  who  do  not  fall  within the foregoing definitions  must  request  the comptroller to establish classifications and prevailing wage rates for such workers.

(10) "City Service Contract" means any written agreement between any entity  and  a  contracting  agency  whereby  a  contracting  agency  is committed to expend or does expend funds and the  principle  purpose  of such  agreement  is to provide homecare services, building services, day care services, head start services, services to  persons  with  cerebral palsy,  food  services  or  temporary  services  where  the value of the agreement is greater than the city's small purchases limit  pursuant  to section  314  of  the  city  charter.  With respect to building services, this definition shall include any written agreement between a custodian engineer or a person performing the functions of a custodian engineer, or an entity representing such custodian engineer(s) or person(s), and a contracting agency where the agreement provides for payment to custodian engineers to be used by the custodian engineers for their employment of persons to provide building services.  This definition shall not include contracts with not-for-profit organizations, provided however, that this exception shall not  apply  to  not-for-profit  organizations  providing homecare, headstart,  day  care  and  services to persons with cerebral palsy. This definition shall also not include contracts awarded pursuant to the emergency procurement procedure as set forth in section 315 of the city charter.

(11)  "City Service Contractor" means any entity and/or person that enters into a city service contract with a contracting agency, including a city service contract entered into by an entity representing such person(s). An entity shall be deemed a city service contractor for the duration of the city service contract that it receives or performs.

(12)  "City Service Subcontractor"  means  any entity and/or person, including, but  not  limited  to,  a  temporary  services,  staffing  or employment  agency  or  other  similar entity, that is engaged by a city service contractor to assist in performing any of  the  services  to  be rendered  pursuant  to a city service contract. This definition does not include any contractor  or  subcontractor  that  merely  provides  goods relating  to  a  city  service  contract  or that provides services of a general nature (such as relating to general office operations) to a city service contractor which  do  not  relate  directly  to  performing  the services to be rendered pursuant to the city service contract. An entity shall be deemed a city service contractor for the duration of the period during which it assists the city service subcontractor in performing the city service contract.

(13)  "Contracting  Agency"  means  the  city, a city agency, the city council, a county, a borough, or other office, position, administration, department, division, bureau,  board,  commission,  corporation,  or  an institution  or  agency of government, the expenses of which are paid in whole or in part from the city treasury or the department of education.

(14) "Covered Employer" means a city service contractor or a city service subcontractor.

(15)  "Employee" means  any  person who performs work on a full-time, part-time,  temporary,  or  seasonal  basis  and   includes   employees, independent contractors, and contingent or contracted workers, including persons  made  available  to  work  through  the services of a temporary services, staffing or employment agency or similar entity.  For purposes of this definition and this section, "employ" means to maintain an employee, as defined in this section. For purposes of  counting  numbers of  employees  or  employed  persons  when  required  by  this  section, full-time, part-time, temporary, or seasonal employees shall be  counted as  employees.  Where an employer's work force fluctuates seasonally, it shall be deemed to employ  the  highest  number  of  employees  that  it maintains  for  any  three  month  period.  However, in the case of city service contractors and city service subcontractors that provide day care services, independent contractors that are family-based day care providers shall not be deemed employees of the agencies and shall not be subject to the requirements of this section.

(16) "Covered Employee" means an employee  entitled  to  be  paid  the living wage or the prevailing wage and/or health benefits as provided in subdivision b of this section.

(17)  "Not-for-Profit  Organization"  means  a  corporation  or entity having tax exempt status under section 501(c)(3) of  the  United  States internal revenue code and incorporated under state not-for-profit law.

(18)  "Prevailing  Wage  and  Supplements"  means the rate of wage and supplemental benefits per hour paid in the locality to  workers  in  the same  trade  or occupation and annually determined by the comptroller in accordance with the provisions of section 234  of  the  New  York  state labor  law  or,  for titles not specifically enumerated in or covered by that law, determined by the comptroller at the request of a  contracting agency  or  a  covered  employer  in  accordance  with the procedures of section 234 of the New York state labor law. As provided  under  section 231  of  the  New York state labor law, the obligation of an 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 comptroller.

(19)  "Living Wage" has the meaning  provided  in  paragraph  2 of subdivision b of this section.

(20) "Health Benefits" has the meaning provided in paragraph 3 of subdivision b of this section.

(21)  "Health Benefits Supplement Rate" has the meaning provided in subparagraph b of paragraph 3 of subdivision b of this section.

§2.  This local law shall take effect ninety days after its enactment into law.

SKM
LS #1857

6/5/14