S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10359
 
                           I N  A S S E M B L Y
 
                              April 29, 2020
                                ___________
 
 Introduced  by  M.  of A. ROZIC, BLAKE, GALEF, ORTIZ, JAFFEE, DenDEKKER,
   RYAN, SEAWRIGHT, HEVESI, D'URSO, REYES, L. ROSENTHAL,  EPSTEIN,  FRON-
   TUS,  THIELE,  GIGLIO,  McDONOUGH  --  read  once  and referred to the
   Committee on Labor
 
 AN ACT to amend the labor law, in relation to providing hazard  payments
   to essential workers during a state disaster emergency

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The labor law is amended by adding a new section  196-c  to
 read as follows:
   § 196-C. ESSENTIAL WORKER HAZARD PAYMENTS. 1. FOR THE PURPOSES OF THIS
 SECTION:
   (A)  "ESSENTIAL  WORKER"  MEANS  ANY EMPLOYEE OF AN EMPLOYER PROVIDING
 ESSENTIAL SERVICES OR FUNCTIONS  DURING  ANY  STATE  DISASTER  EMERGENCY
 DECLARED  PURSUANT  TO ARTICLE TWO-B OF THE EXECUTIVE LAW AND DESIGNATED
 AS AN ESSENTIAL WORKER PURSUANT TO ANY LAW, RULE, REGULATION  OR  EXECU-
 TIVE ORDER INCLUDING BUT NOT LIMITED TO ESSENTIAL HEALTH CARE OPERATIONS
 INCLUDING  RESEARCH  AND  LABORATORY  SERVICES; ESSENTIAL INFRASTRUCTURE
 INCLUDING  UTILITIES,  TELECOMMUNICATION,  AIRPORTS  AND  TRANSPORTATION
 INFRASTRUCTURE;  ESSENTIAL  RETAIL  INCLUDING GROCERY STORES AND PHARMA-
 CIES; ESSENTIAL SERVICES INCLUDING TRASH COLLECTION, MAIL, AND  SHIPPING
 SERVICES;  NEWS MEDIA; BANKS AND RELATED FINANCIAL INSTITUTIONS; PROVID-
 ERS OF BASIC  NECESSITIES  TO  ECONOMICALLY  DISADVANTAGED  POPULATIONS;
 CONSTRUCTION;  VENDORS  OF  ESSENTIAL SERVICES NECESSARY TO MAINTAIN THE
 SAFETY, SANITATION AND  ESSENTIAL  OPERATIONS  OF  RESIDENCES  OR  OTHER
 ESSENTIAL   BUSINESSES;  VENDORS  THAT  PROVIDE  ESSENTIAL  SERVICES  OR
 PRODUCTS, INCLUDING LOGISTICS AND TECHNOLOGY  SUPPORT,  CHILD  CARE  AND
 SERVICES  NEEDED  TO ENSURE THE CONTINUING OPERATION OF GOVERNMENT AGEN-
 CIES AND PROVIDE FOR THE HEALTH, SAFETY AND WELFARE OF THE PUBLIC;
   (B) "EMPLOYER" MEANS A FORMULA RETAIL STORE, LARGE EMPLOYER, TRANSPOR-
 TATION BUSINESS, OR FRANCHISEE OR SUBCONTRACTOR, AND INCLUDES ANY  INDI-
 VIDUAL,  PARTNERSHIP, ASSOCIATION, CORPORATION, LIMITED LIABILITY COMPA-
 NY, BUSINESS TRUST, LEGAL REPRESENTATIVE,  OR  ANY  ORGANIZED  GROUP  OF
 PERSONS ACTING AS SUCH AN EMPLOYER;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD16176-02-0

 A. 10359                            2
 
   (C)  "FORMULA  RETAIL STORE" MEANS ANY EMPLOYER THAT OPERATES A RETAIL
 SALES OR RESTAURANT ESTABLISHMENT EITHER DIRECTLY OR THROUGH FRANCHISEES
 AND THAT, ALONG WITH ELEVEN OR MORE OTHER  RETAIL  SALES  OR  RESTAURANT
 ESTABLISHMENTS  LOCATED  IN  THE UNITED STATES, MAINTAINS TWO OR MORE OF
 THE  FOLLOWING  FEATURES:  (I)  A  STANDARDIZED  ARRAY OF MERCHANDISE, A
 STANDARDIZED FACADE, A STANDARDIZED DECOR AND COLOR  SCHEME,  A  UNIFORM
 APPAREL, STANDARDIZED SIGNAGE, A TRADEMARK; OR (II) A SERVICEMARK;
   (D)  "LARGE EMPLOYER" MEANS ANY EMPLOYER THAT HAS ANNUAL GROSS REVENUE
 OF FIFTY MILLION DOLLARS OR MORE, BUT SHALL NOT INCLUDE: (I) AN EMPLOYER
 WHOSE PRINCIPAL INDUSTRY IS  MANUFACTURING;  OR  (II)  A  NOT-FOR-PROFIT
 ORGANIZATION.  AN  EMPLOYER SHALL BE DEEMED TO HAVE ANNUAL GROSS REVENUE
 OF FIFTY MILLION DOLLARS OR MORE IF IT HAD REVENUE AT OR EXCEEDING  THAT
 LEVEL IN ANY OF THE PAST THREE FISCAL OR CALENDAR YEARS;
   (E)  "MANUFACTURING"  MEANS  THE PROCESS OF WORKING RAW MATERIALS INTO
 PRODUCTS SUITABLE FOR USE OR WHICH GIVES NEW SHAPES, NEW QUALITY OR  NEW
 COMBINATIONS  TO  MATTER  WHICH HAS ALREADY GONE THROUGH SOME ARTIFICIAL
 PROCESS BY THE USE OF MACHINERY, TOOLS,  APPLIANCES,  OR  OTHER  SIMILAR
 EQUIPMENT;
   (F) "NOT-FOR-PROFIT ORGANIZATION" MEANS AN ENTITY EXEMPT FROM TAXATION
 UNDER SECTION 501(C)(3) OF THE FEDERAL INTERNAL REVENUE CODE;
   (G)  "TRANSPORTATION BUSINESS" MEANS ANY INDUSTRY, BUSINESS, OR ESTAB-
 LISHMENT OPERATED FOR THE PURPOSE OF CONVEYING PERSONS OR PROPERTY  FROM
 ONE  PLACE  TO  ANOTHER WHETHER BY RAIL, HIGHWAY, AIR, OR WATER, AND ALL
 OPERATIONS AND SERVICES IN CONNECTION THEREWITH; AND
   (H) "FRANCHISEE OR SUBCONTRACTOR" MEANS  ANY  EMPLOYER  THAT  OPERATES
 UNDER A FRANCHISE AGREEMENT WITH A FORMULA RETAIL STORE OR LARGE EMPLOY-
 ER,  OR THAT PROVIDES SERVICES, INCLUDING BUT NOT LIMITED TO JANITORIAL,
 MAINTENANCE, SECURITY, STAFFING, PASSENGER SERVICES, FOOD  SERVICES,  OR
 TEMPORARY  SERVICES TO A FORMULA RETAIL STORE, LARGE EMPLOYER, OR TRANS-
 PORTATION BUSINESS.
   2. DURING A STATE  DISASTER  EMERGENCY,  WHEN  ESSENTIAL  WORKERS  ARE
 EXPOSED  AS  A RESULT OF THEIR WORK ASSIGNMENTS TO AN UNAVOIDABLE, CLEAR
 AND DIRECT RISK AND HAZARD TO SAFETY AND HEALTH, THE COMMISSIONER  SHALL
 DIRECT  ALL  EMPLOYERS  OF  ESSENTIAL WORKERS TO MAKE HAZARD PAYMENTS TO
 SUCH ESSENTIAL WORKERS. SUCH PAYMENT SHALL BE A PERCENTAGE  OR  A  FIXED
 DOLLAR  AMOUNT, AS PRESCRIBED BY THE COMMISSIONER, PROVIDED, HOWEVER, NO
 HAZARD PAYMENT SHALL EXCEED TWENTY-FIVE THOUSAND DOLLARS IN ANY YEAR FOR
 ANY ESSENTIAL WORKER EARNING LESS THAN TWO HUNDRED THOUSAND DOLLARS  PER
 YEAR OR FIVE THOUSAND DOLLARS FOR ANY ESSENTIAL WORKER EARNING MORE THAN
 TWO  HUNDRED THOUSAND DOLLARS. SUCH PAYMENTS SHALL BE IN ADDITION TO AND
 SHALL NOT BE PART OF AN ESSENTIAL  WORKER'S  BASIC  ANNUAL  SALARY,  AND
 SHALL  NOT  AFFECT  OR  IMPAIR  ANY  PERFORMANCE  ADVANCEMENT  PAYMENTS,
 PERFORMANCE AWARDS, LONGEVITY PAYMENTS OR OTHER RIGHTS  OR  BENEFITS  TO
 WHICH  AN  ESSENTIAL  WORKER  MAY BE ENTITLED. A HAZARD PAYMENT SHALL BE
 TERMINATED UPON THE CESSATION OF THE STATE DISASTER EMERGENCY.
   3. THE COMMISSIONER SHALL ADOPT REGULATIONS NECESSARY TO CARRY OUT THE
 PROVISIONS OF THIS SECTION.
   § 2. This act shall take effect immediately.