Bill Text: NY A01644 | 2023-2024 | General Assembly | Amended

---

Bill Title: Requires that all human services contracts between any public entity and a human services provider stipulate that the public entity will pay no less than 150% of the higher of: the otherwise applicable minimum wage in the state or any otherwise applicable wage rule or order and that the necessary amounts have been appropriated to ensure payment of such minimum wage.

Spectrum: Strong Partisan Bill (Democrat 14-1)

Status: (Introduced) 2024-01-10 - enacting clause stricken [A01644 Detail]

Download: New_York-2023-A01644-Amended.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                         1644--A

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    January 17, 2023
                                       ___________

        Introduced  by  M.  of  A.  JOYNER,  ALVAREZ,  DICKENS  -- read once and
          referred to the Committee  on  Labor  --  committee  discharged,  bill
          amended,  ordered reprinted as amended and recommitted to said commit-
          tee

        AN ACT to amend the labor law, in relation to  requiring  human  service
          providers  that  contract  with  the  state  to  pay their employees a
          certain minimum wage

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  The labor law is amended by adding a new section 224-f to
     2  read as follows:
     3    § 224-f. Wage requirements for certain human services workers. 1.  For
     4  the purposes of this section:
     5    (a) "Human services" shall mean any service provided to individuals or
     6  groups  of  individuals,  for the purpose of improving or enhancing such
     7  individuals'  health  and/or  welfare,  by  addressing  social  problems
     8  including  but  not  limited  to:  domestic violence, teenage pregnancy,
     9  migrant health problems, child abuse, nutritional deficiencies, suicide,
    10  hunger, unemployment, lack of suitable shelter, crime, drug and  alcohol
    11  abuse and poverty.
    12    (b)  "Human  services  provider" shall mean any: (i) not-for-profit or
    13  charitable organization, or (ii) local agency as  defined  in  paragraph
    14  (c)  of  this  subdivision,  that (1) contracts with any state agency or
    15  other public entity, as defined in paragraph (e) of this subdivision  to
    16  provide  human services as defined in paragraph (a) of this subdivision,
    17  or (2) directly or indirectly receives any public funds  to  provide  or
    18  contract with third persons to provide human services for the benefit of
    19  the general public or specific client groups.
    20    (c)  "Local  agency"  shall include all county, city, town and village
    21  governing bodies, all other public corporations, special  districts  and
    22  school districts in the state.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04314-02-3
        A. 1644--A                          2

     1    (d)  "State  agency"  shall  include  any department, division, board,
     2  bureau, commission, office, agency, authority or public  corporation  of
     3  the state.
     4    (e)  "Public  entity"  shall mean any local agency as defined in para-
     5  graph (c) of this subdivision and any state agency as defined  in  para-
     6  graph (d) of this subdivision.
     7    2.  Every  contract  for  human services entered into between a public
     8  entity and a human services provider, and any such contract entered into
     9  by a third party acting in place of, on behalf of and for the benefit of
    10  such public entity pursuant to any  lease,  permit  or  other  agreement
    11  between such third party and the public entity, shall stipulate that:
    12    (a) the public entity shall pay to each human services worker for each
    13  hour worked no less than one hundred fifty percent of the higher of: (i)
    14  the  otherwise  applicable minimum wage under section six hundred fifty-
    15  two of this chapter; or (ii) any otherwise applicable wage rule or order
    16  under article nineteen of this chapter; and
    17    (b) adequate funding has been appropriated to ensure  compliance  with
    18  the  minimum wage requirements set forth in paragraph (a) of this subdi-
    19  vision.
    20    § 2. This act  shall  take  effect  immediately  and  shall  apply  to
    21  contracts  and  agreements issued, renewed, modified, altered or amended
    22  on or after such date.