Relates to the definition of building service employee.
TITLE OF BILL: An act to amend the labor law, in relation to the definition of building service employee
To provide equal pay for custodian-helpers employed by the New York City School Custodians who do the same work as those employed by private companies.
SUMMARY OF PROVISIONS:
To amend the labor law by expanding the definition of building service employee and contractor to § 230(1) and (4) of Article 9 of the New York State Labor Law.
This bill would correct a legal anomaly whereby custodian-helpers employed by the New York City School Custodians are paid at a lower wage than employees doing the same work for private companies. Passage of this bill would correct this inequality and hold New York City Public Schools accountable to New York's Prevailing Wage Law.
New York City Department of Education ("DOE") schools have two mechanisms for providing custodial services. In the first system, the DOE contracts with a private company for its custodial services. The private company must pay its employees a prevailing wage under § 230 of Article 9 of the New York State Labor Law. Under the alternative, referred to as the "indirect system," the DOE employs custodian-engineers in accordance with civil service regulations, who in turn employ helpers. The workers employed under the indirect system receive approximately $7 per hour less, even though these employees perform the same exact work as their counterparts that work for a private company providing the same services to the DOE. This bill would provide parity for all custodial-helpers at DOE facilities.
This is a new bill in the Senate.
FISCAL IMPACT ON THE STATE:
This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 6690 IN SENATE February 27, 2014 ___________Introduced by Sen. SAVINO -- 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 the definition of building service employee THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivisions 1 and 4 of section 230 of the labor law, subdivision 1 as amended by chapter 542 of the laws of 1984, and subdi- vision 4 as amended by chapter 678 of the laws of 2007, are amended to read as follows: 1. "Building service employee" or "employee" means any person perform- ing work in connection with the care or maintenance of an existing building, or in connection with the transportation of office furniture or equipment to or from such building, or in connection with the trans- portation and delivery of fossil fuel to such building, for a contractor under a contract with a public agency OR UNDER A CONTRACT WITH A CUSTO- DIAN-ENGINEER, OR HIS/HER REPRESENTATIVE, EMPLOYED BY THE NEW YORK CITY DEPARTMENT OF EDUCATION which is in excess of one thousand five hundred dollars and the principal purpose of which is to furnish services through the use of building service employees. "Building service employee" or "employee" includes, but is not limit- ed, to, watchman, guard, doorman, building cleaner, porter, handyman, janitor, gardener, groundskeeper, stationary fireman, elevator operator and starter, window cleaner, and occupations relating to the collection of garbage or refuse, and to the transportation of office furniture and equipment, and to the transportation and delivery of fossil fuel but does not include clerical, sales, professional, technician and related occupations. "BUILDING SERVICE EMPLOYEE" ALSO INCLUDES, BUT IS NOT LIMITED TO CUSTODIAN EMPLOYEES EMPLOYED AS ENGINEERS, STATIONARY ENGI- NEERS, FIREMEN, FIREMEN-CLEANERS, BOILER ROOM MAINTENANCE MEN, CUSTODI- AN-HELPERS OR COAL PASSERS AT THE NEW YORK CITY DEPARTMENT OF EDUCATION. "Building service employee" or "employee" also does not include any employee to whom the provisions of articles eight and eight-a of this chapter are applicable.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD13835-01-4 S. 6690 2
4. "Contractor" means any employer who employs employees to perform building service work under a contract with a public agency and shall include any of the contractor's subcontractors. CONTRACTOR SHALL INCLUDE BUT IS NOT LIMITED TO CUSTODIAN-ENGINEERS EMPLOYED BY THE NEW YORK CITY DEPARTMENT OF EDUCATION. S 2. This act shall take effect immediately.