S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6686
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 15, 2019
                                ___________
 
 Introduced  by M. of A. CRESPO, BLAKE, D'URSO, GOTTFRIED, ORTIZ, MOSLEY,
   BENEDETTO, CARROLL, PAULIN, ROZIC, RAMOS,  NIOU,  CYMBROWITZ,  JOYNER,
   PHEFFER AMATO,   WILLIAMS,  BARNWELL,  BICHOTTE,  BRAUNSTEIN,  BARRON,
   RIVERA, L. ROSENTHAL, ABINANTI, WRIGHT,  PICHARDO,  WEPRIN  --  Multi-
   Sponsored  by  --  M.  of  A.    COOK,  NOLAN, THIELE -- read once and
   referred to the Committee on Labor
 
 AN ACT to amend the labor law, in relation to  minimum  wage  rates  for
   subcontracted transportation center workers
 
   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  article  19-D  to
 read as follows:
                               ARTICLE 19-D
        MINIMUM WAGE RATES FOR SUBCONTRACTED TRANSPORTATION CENTER
                              SERVICE WORKERS
 SECTION 696-A. DEFINITIONS.
         696-B. MINIMUM WAGE RATE FOR SUBCONTRACTED TRANSPORTATION CENTER
                  SERVICE WORKERS.
         696-C. COMMISSIONER'S POWER OF INVESTIGATION.
         696-D. RECORDS OF EMPLOYERS.
         696-E. PENALTIES;  FAILURE  TO  PAY  MINIMUM  WAGE  OR  OVERTIME
                  COMPENSATION; FAILURE TO KEEP RECORDS.
         696-F. CIVIL ACTION.
         696-G. REGULATIONS.
         696-H. SAVINGS CLAUSE.
   § 696-A. DEFINITIONS. AS USED IN THIS ARTICLE: 1. "COVERED TRANSPORTA-
 TION CENTER" MEANS JOHN  F.  KENNEDY  INTERNATIONAL  AIRPORT,  LAGUARDIA
 AIRPORT, THE PORT AUTHORITY BUS TERMINAL, PENNSYLVANIA STATION AND GRAND
 CENTRAL STATION.
   2.  "COVERED  TRANSPORTATION CENTER SERVICE PROVIDER" MEANS ANY PERSON
 OR ENTITY THAT EMPLOYS COVERED TRANSPORTATION CENTER SERVICES  EMPLOYEES
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10584-01-9

 A. 6686                             2
 
 TO  PROVIDE  ONE  OR MORE COVERED TRANSPORTATION CENTER SERVICES UNDER A
 SERVICE CONTRACT OR SUBCONTRACT WITH  A  PRIVATE  ENTITY  AT  A  COVERED
 TRANSPORTATION CENTER.
   3. "SUBCONTRACTED TRANSPORTATION CENTER SERVICE WORKER" MEANS A WORKER
 PERFORMING  COVERED  TRANSPORTATION CENTER SERVICES FOR A COVERED TRANS-
 PORTATION CENTER SERVICE PROVIDER.
   4. "COVERED TRANSPORTATION CENTER SERVICES" MEANS WORK PERFORMED AT  A
 COVERED TRANSPORTATION CENTER AND INCLUDES:
   A. PASSENGER RELATED SECURITY SERVICES WHICH INCLUDES ESCORT SERVICES;
 CATERING  SECURITY; PASSENGER AIRCRAFT, TRAIN OR BUS SECURITY; FIREGUARD
 SERVICES; TERMINAL OR STATION SECURITY; AND TRAFFIC SECURITY.
   B. CARGO RELATED AND RAMP  SERVICES  WHICH  INCLUDES  CARGO  SCREENING
 (INCLUDING  GUARDS)  AND WAREHOUSE SECURITY; BAGGAGE AND CARGO HANDLING;
 LOAD CONTROL AND RAMP COMMUNICATION; AIRCRAFT, TRAIN  OR  BUS  MECHANICS
 AND   FUELING   OF  AIRCRAFT,  TRAINS  OR  BUSES;  PROVISION  OF  WATER,
 COOLING/HEATING, POWER;  EQUIPMENT  AND  TOILET  SERVICES  TO  AIRCRAFT,
 TRAINS  OR  BUSES;  PASSENGER  AIRCRAFT,  TRAIN  OR BUS SERVICING; CABIN
 EQUIPMENT MAINTENANCE; GUIDING AIRCRAFT, TRAINS OR BUSES IN AND  OUT  OF
 GATES; GATESIDE AIRCRAFT, TRAIN OR BUS MAINTENANCE; RAMP AREA CLEANING;
   C. IN-TERMINAL AND IN-STATION AND PASSENGER HANDLING SERVICES; BAGGAGE
 HANDLING  SKYCAP  OR  REDCAP;  WHEELCHAIR  ATTENDANT;  TICKETING  AGENT;
 CUSTOMER SERVICE REPRESENTATIVES; QUEUE MANAGERS AND ID CHECKERS; PORTER
 SERVICE FOR BAGGAGE; PASSENGER AND EMPLOYEE SHUTTLE DRIVERS;
   D. CLEANING SERVICES; BUILDING CLEANING; AIRCRAFT, CABIN, TRAIN OR BUS
 CLEANING; PLANE, TRAIN OR BUS WASHERS; AND
   E. CONCESSION SERVICES; FOOD SERVICE  (INCLUDING,  FOOD  AND  BEVERAGE
 SERVICE,  WAIT  SERVICE,  BUSING,  CASHIERS);  RETAIL SERVICE (INCLUDING
 NEWS/GIFTS AND DUTY-FREE); CLEANING FOR  CONCESSION  SERVICES;  SECURITY
 FOR  CONCESSION  SERVICES;  AIRPORT, STATION OR TERMINAL LOUNGE SERVICES
 (FOOD, RETAIL, CLEANING AND SECURITY SERVICES);
   5. "APPLICABLE STANDARD RATE  FOR  SUBCONTRACTED  PASSENGER  SERVICES"
 SHALL MEAN THE GREATER OF:
   A. THE WAGE AND BENEFIT RATES AND PAID TIME OFF MINIMUMS DESIGNATED BY
 THE  COMMISSIONER  BASED  ON  THE  DETERMINATIONS  MADE  BY  THE GENERAL
 SERVICES ADMINISTRATION PURSUANT TO THE FEDERAL "SERVICE CONTRACT ACT OF
 1965" (41 U.S.C. § 351 ET SEQ.), FOR THE CLASSIFICATION OF "GUARD I" FOR
 THE COUNTY OF NEW YORK; OR
   B. THE WAGE AND BENEFIT RATES AND PAID TIME OFF MINIMUMS DESIGNATED IN
 THE PREVAILING WAGES SCHEDULE BY THE FISCAL OFFICER  UNDER  SECTION  TWO
 HUNDRED THIRTY-ONE OF THIS CHAPTER APPLICABLE TO UNARMED SECURITY GUARDS
 PERFORMING SERVICES IN THE CITY OF NEW YORK.
   §  696-B.  MINIMUM  WAGE  RATE FOR SUBCONTRACTED TRANSPORTATION CENTER
 SERVICE WORKERS. 1.  EVERY SUBCONTRACTED TRANSPORTATION  CENTER  SERVICE
 WORKER  SHALL BE COMPENSATED AT A RATE THAT IS NO LESS THAN THE APPLICA-
 BLE STANDARD RATE FOR SUBCONTRACTED TRANSPORTATION CENTER SERVICE  WORK-
 ERS.
   2.  NOTWITHSTANDING  SUBDIVISION ONE OF THIS SECTION, THE MINIMUM WAGE
 RATE FOR A SUBCONTRACTED TRANSPORTATION CENTER SERVICE WORKER WHO  IS  A
 FOOD SERVICE WORKER, A SKYCAP OR A REDCAP RECEIVING TIPS SHALL BE A CASH
 WAGE OF AT LEAST TWO-THIRDS OF THE MINIMUM WAGE RATE SET FORTH IN SUBDI-
 VISION  ONE OF THIS SECTION, ROUNDED TO THE NEAREST FIVE CENTS, PROVIDED
 THAT THE TIPS OF SUCH AN EMPLOYEE, WHEN ADDED TO  SUCH  CASH  WAGE,  ARE
 EQUAL  TO  OR EXCEED THE MINIMUM WAGE RATE FOR SUBCONTRACTED TRANSPORTA-
 TION CENTER SERVICE WORKERS IN EFFECT PURSUANT  TO  SUBDIVISION  ONE  OF
 THIS  SECTION.  TIPPED  SKYCAPS, REDCAPS, AND FOOD SERVICE WORKERS SHALL

 A. 6686                             3
 
 ALSO RECEIVE THE FULL AMOUNT OF BENEFITS AND PAID TIME OFF  MINIMUMS  AS
 PROVIDED UNDER SUBDIVISION ONE OF THIS SECTION.
   §  696-C.  COMMISSIONER'S  POWER OF INVESTIGATION. THE COMMISSIONER OR
 HIS OR HER AUTHORIZED REPRESENTATIVE SHALL HAVE POWER:
   1. TO INVESTIGATE THE WAGES OF PERSONS EMPLOYED BY A COVERED TRANSPOR-
 TATION CENTER SERVICE PROVIDER IN THE STATE;
   2. TO ENTER THE PLACE OF BUSINESS OR EMPLOYMENT OF  ANY  EMPLOYER  FOR
 THE PURPOSE OF:
   A. EXAMINING AND INSPECTING ANY AND ALL BOOKS, REGISTERS, PAYROLLS AND
 OTHER RECORDS THAT IN ANY WAY RELATE TO OR HAVE A BEARING UPON THE WAGES
 PAID TO, OR THE HOURS WORKED BY ANY EMPLOYEES; AND
   B.  ASCERTAINING WHETHER THE PROVISIONS OF THIS ARTICLE AND THE ORDERS
 AND REGULATIONS PROMULGATED HEREUNDER ARE BEING COMPLIED WITH.
   3. TO REQUIRE FROM  ANY  EMPLOYER  FULL  AND  CORRECT  STATEMENTS  AND
 REPORTS  IN  WRITING OF THE WAGES PAID TO AND THE HOURS WORKED BY HIS OR
 HER EMPLOYEES, AT SUCH TIMES AS THE COMMISSIONER MAY DEEM NECESSARY.
   § 696-D. RECORDS OF EMPLOYERS. 1. FOR ALL EMPLOYEES  COVERED  BY  THIS
 ARTICLE,  EVERY EMPLOYER SHALL ESTABLISH, MAINTAIN, AND PRESERVE FOR NOT
 LESS THAN SIX YEARS CONTEMPORANEOUS, TRUE, AND ACCURATE PAYROLL  RECORDS
 SHOWING  FOR EACH WEEK WORKED THE HOURS WORKED, THE RATE OR RATES OF PAY
 AND BASIS THEREOF, WHETHER PAID BY THE HOUR, SHIFT, DAY,  WEEK,  SALARY,
 PIECE,  COMMISSION, OR OTHER BASIS; GROSS WAGES; DEDUCTIONS; ALLOWANCES,
 IF ANY, CLAIMED AS PART OF THE MINIMUM WAGE;  AND  NET  WAGES  FOR  EACH
 EMPLOYEE, PLUS SUCH OTHER INFORMATION AS THE COMMISSIONER DEEMS MATERIAL
 AND NECESSARY.
   2.  FOR ALL EMPLOYEES WHO ARE NOT EXEMPT FROM OVERTIME COMPENSATION AS
 ESTABLISHED IN THE  COMMISSIONER'S  MINIMUM  WAGE  ORDERS  OR  OTHERWISE
 PROVIDED  BY  STATE  LAW OR REGULATION, THE PAYROLL RECORDS MUST INCLUDE
 THE REGULAR HOURLY RATE OR RATES OF PAY, THE OVERTIME RATE OR  RATES  OF
 PAY,  THE  NUMBER  OF  REGULAR  HOURS WORKED, AND THE NUMBER OF OVERTIME
 HOURS WORKED.
   3. FOR ALL EMPLOYEES PAID A PIECE  RATE,  THE  PAYROLL  RECORDS  SHALL
 INCLUDE  THE  APPLICABLE PIECE RATE OR RATES OF PAY AND NUMBER OF PIECES
 COMPLETED AT EACH PIECE RATE.
   4. ON DEMAND, THE EMPLOYER SHALL FURNISH TO THE COMMISSIONER OR HIS OR
 HER DULY AUTHORIZED  REPRESENTATIVE  A  SWORN  STATEMENT  OF  THE  HOURS
 WORKED,  RATE  OR  RATES  OF  PAY AND BASIS THEREOF, WHETHER PAID BY THE
 HOUR, SHIFT, DAY, WEEK, SALARY, PIECE, COMMISSION, OR OTHER BASIS; GROSS
 WAGES; DEDUCTIONS; AND ALLOWANCES, IF ANY, CLAIMED AS PART OF THE  MINI-
 MUM  WAGE, FOR EACH EMPLOYEE, PLUS SUCH OTHER INFORMATION AS THE COMMIS-
 SIONER DEEMS MATERIAL AND NECESSARY.
   5. EVERY EMPLOYER SHALL KEEP SUCH RECORDS OPEN TO  INSPECTION  BY  THE
 COMMISSIONER OR HIS OR HER DULY AUTHORIZED REPRESENTATIVE AT ANY REASON-
 ABLE TIME.
   6.  EVERY  EMPLOYER  OF AN EMPLOYEE SHALL KEEP A DIGEST AND SUMMARY OF
 THIS ARTICLE OR APPLICABLE WAGE ORDER, WHICH SHALL BE  PREPARED  BY  THE
 COMMISSIONER,  POSTED IN A CONSPICUOUS PLACE IN HIS OR HER ESTABLISHMENT
 AND SHALL ALSO KEEP POSTED SUCH ADDITIONAL COPIES  OF  SAID  DIGEST  AND
 SUMMARY AS THE COMMISSIONER PRESCRIBES.
   7. EMPLOYERS SHALL, ON REQUEST, BE FURNISHED WITH COPIES OF THIS ARTI-
 CLE AND OF ORDERS, AND OF DIGESTS AND SUMMARIES THEREOF, WITHOUT CHARGE.
   8.  EMPLOYERS SHALL PERMIT THE COMMISSIONER OR HIS OR HER DULY AUTHOR-
 IZED REPRESENTATIVE TO QUESTION WITHOUT  INTERFERENCE  ANY  EMPLOYEE  OF
 SUCH  EMPLOYER  IN  A  PRIVATE  LOCATION  AT THE PLACE OF EMPLOYMENT AND
 DURING WORKING HOURS IN RESPECT TO THE  WAGES  PAID  TO  AND  THE  HOURS
 WORKED BY SUCH EMPLOYEE OR OTHER EMPLOYEES.

 A. 6686                             4
 
   §  696-E.  PENALTIES;  FAILURE TO PAY MINIMUM WAGE OR OVERTIME COMPEN-
 SATION; FAILURE TO KEEP RECORDS. 1. ANY EMPLOYER OR HIS OR HER AGENT, OR
 THE OFFICER OR AGENT OF ANY CORPORATION, PARTNERSHIP, OR LIMITED LIABIL-
 ITY COMPANY, WHO PAYS OR AGREES TO PAY TO ANY  EMPLOYEE  LESS  THAN  THE
 WAGE  APPLICABLE UNDER THIS ARTICLE SHALL BE GUILTY OF A MISDEMEANOR AND
 UPON CONVICTION THEREFOR SHALL BE FINED NOT LESS THAN FIVE  HUNDRED  NOR
 MORE  THAN  TWENTY  THOUSAND DOLLARS OR IMPRISONED FOR NOT MORE THAN ONE
 YEAR, AND, IN THE EVENT THAT ANY SECOND  OR  SUBSEQUENT  OFFENSE  OCCURS
 WITHIN SIX YEARS OF THE DATE OF CONVICTION FOR A PRIOR OFFENSE, SHALL BE
 GUILTY  OF  A  FELONY  FOR  THE  SECOND  OR SUBSEQUENT OFFENSE, AND UPON
 CONVICTION THEREFOR, SHALL BE FINED NOT LESS THAN FIVE HUNDRED NOR  MORE
 THAN  TWENTY  THOUSAND  DOLLARS OR IMPRISONED FOR NOT MORE THAN ONE YEAR
 PLUS ONE DAY, OR PUNISHED BY BOTH SUCH FINE AND IMPRISONMENT,  FOR  EACH
 SUCH  OFFENSE. EACH PAYMENT TO ANY EMPLOYEE IN ANY WEEK OF LESS THAN THE
 WAGE APPLICABLE UNDER THIS ARTICLE SHALL CONSTITUTE A SEPARATE OFFENSE.
   2. ANY EMPLOYER OR HIS OR HER AGENT, OR THE OFFICER OR  AGENT  OF  ANY
 CORPORATION,  PARTNERSHIP,  OR  LIMITED  LIABILITY COMPANY, WHO FAILS TO
 KEEP THE RECORDS REQUIRED UNDER THIS ARTICLE OR TO FURNISH SUCH  RECORDS
 OR  ANY  INFORMATION  REQUIRED TO BE FURNISHED UNDER THIS ARTICLE TO THE
 COMMISSIONER OR HIS OR HER AUTHORIZED REPRESENTATIVE  UPON  REQUEST,  OR
 WHO  HINDERS  OR DELAYS THE COMMISSIONER OR HIS OR HER AUTHORIZED REPRE-
 SENTATIVE IN THE PERFORMANCE OF HIS OR HER DUTIES IN THE ENFORCEMENT  OF
 THIS ARTICLE, OR REFUSES TO ADMIT THE COMMISSIONER OR HIS OR HER AUTHOR-
 IZED  REPRESENTATIVE  TO  ANY PLACE OF EMPLOYMENT, OR FALSIFIES ANY SUCH
 RECORDS OR REFUSES TO MAKE SUCH RECORDS ACCESSIBLE TO  THE  COMMISSIONER
 OR  HIS  OR HER AUTHORIZED REPRESENTATIVE, OR REFUSES TO FURNISH A SWORN
 STATEMENT OF SUCH RECORDS OR ANY  OTHER  INFORMATION  REQUIRED  FOR  THE
 PROPER  ENFORCEMENT  OF  THIS  ARTICLE TO THE COMMISSIONER OR HIS OR HER
 AUTHORIZED REPRESENTATIVE, SHALL BE GUILTY OF  A  MISDEMEANOR  AND  UPON
 CONVICTION  THEREFOR  SHALL BE FINED NOT LESS THAN FIVE HUNDRED NOR MORE
 THAN FIVE THOUSAND DOLLARS OR IMPRISONED FOR NOT  MORE  THAN  ONE  YEAR,
 AND,  IN  THE  EVENT THAT ANY SECOND OR SUBSEQUENT OFFENSE OCCURS WITHIN
 SIX YEARS OF THE DATE OF CONVICTION FOR A PRIOR OFFENSE, SHALL BE GUILTY
 OF A FELONY FOR THE SECOND OR SUBSEQUENT OFFENSE,  AND  UPON  CONVICTION
 THEREFOR, SHALL BE FINED NOT LESS THAN FIVE HUNDRED NOR MORE THAN TWENTY
 THOUSAND  DOLLARS OR IMPRISONED FOR NOT MORE THAN ONE YEAR PLUS ONE DAY,
 OR PUNISHED BY BOTH SUCH FINE AND IMPRISONMENT, FOR EACH  SUCH  OFFENSE.
 EACH  DAY'S  FAILURE TO KEEP THE RECORDS REQUESTED UNDER THIS ARTICLE OR
 TO FURNISH SUCH RECORDS OR INFORMATION TO THE COMMISSIONER OR HIS OR HER
 AUTHORIZED REPRESENTATIVE SHALL CONSTITUTE A SEPARATE OFFENSE.
   § 696-F. CIVIL ACTION. 1. IF ANY  EMPLOYEE  IS  PAID  BY  HIS  OR  HER
 EMPLOYER  LESS  THAN  THE  WAGE TO WHICH HE OR SHE IS ENTITLED UNDER THE
 PROVISIONS OF THIS ARTICLE, HE OR SHE SHALL RECOVER IN  A  CIVIL  ACTION
 THE  AMOUNT  OF  ANY  SUCH  UNDERPAYMENTS,  TOGETHER WITH ALL REASONABLE
 ATTORNEY'S FEES, PREJUDGMENT INTEREST AS REQUIRED UNDER THE CIVIL  PRAC-
 TICE LAW AND RULES, AND UNLESS THE EMPLOYER PROVES A GOOD FAITH BASIS TO
 BELIEVE  THAT  ITS UNDERPAYMENT OF WAGES WAS IN COMPLIANCE WITH THE LAW,
 AN ADDITIONAL AMOUNT AS LIQUIDATED DAMAGES EQUAL TO ONE HUNDRED  PERCENT
 OF  THE  TOTAL  OF  SUCH  UNDERPAYMENTS  FOUND  TO BE DUE. ANY AGREEMENT
 BETWEEN THE EMPLOYEE, AND THE EMPLOYER TO WORK FOR LESS THAN  SUCH  WAGE
 SHALL BE NO DEFENSE TO SUCH ACTION.
   2.  ON  BEHALF  OF  ANY  EMPLOYEE PAID LESS THAN THE WAGE TO WHICH THE
 EMPLOYEE IS ENTITLED UNDER THE PROVISIONS OF THIS ARTICLE,  THE  COMMIS-
 SIONER  MAY  BRING  ANY LEGAL ACTION NECESSARY, INCLUDING ADMINISTRATIVE
 ACTION, TO COLLECT SUCH CLAIM, AND THE EMPLOYER SHALL BE REQUIRED TO PAY
 THE FULL AMOUNT OF THE UNDERPAYMENT, PLUS COSTS, AND UNLESS THE EMPLOYER

 A. 6686                             5
 
 PROVES A GOOD FAITH BASIS  TO  BELIEVE  THAT  ITS  UNDERPAYMENT  WAS  IN
 COMPLIANCE  WITH  THE  LAW,  AN ADDITIONAL AMOUNT AS LIQUIDATED DAMAGES.
 LIQUIDATED DAMAGES SHALL BE CALCULATED BY THE COMMISSIONER  AS  NO  MORE
 THAN  ONE  HUNDRED PERCENT OF THE TOTAL AMOUNT OF UNDERPAYMENTS FOUND TO
 BE DUE THE EMPLOYEE. IN ANY ACTION BROUGHT  BY  THE  COMMISSIONER  IN  A
 COURT  OF COMPETENT JURISDICTION, LIQUIDATED DAMAGES SHALL BE CALCULATED
 AS AN AMOUNT EQUAL TO ONE HUNDRED PERCENT OF UNDERPAYMENTS FOUND  TO  BE
 DUE THE EMPLOYEE.
   3.  NOTWITHSTANDING  ANY  OTHER PROVISION OF LAW, AN ACTION TO RECOVER
 UPON A LIABILITY IMPOSED BY THIS ARTICLE MUST BE  COMMENCED  WITHIN  SIX
 YEARS.  THE  STATUTE  OF  LIMITATIONS  SHALL  BE TOLLED FROM THE DATE AN
 EMPLOYEE FILES A COMPLAINT WITH THE  COMMISSIONER  OR  THE  COMMISSIONER
 COMMENCES  AN  INVESTIGATION,  WHICHEVER  IS  EARLIER, UNTIL AN ORDER TO
 COMPLY ISSUED BY THE COMMISSIONER BECOMES FINAL, OR  WHERE  THE  COMMIS-
 SIONER DOES NOT ISSUE AN ORDER, UNTIL THE DATE ON WHICH THE COMMISSIONER
 NOTIFIES THE COMPLAINANT THAT THE INVESTIGATION HAS CONCLUDED.  INVESTI-
 GATION  BY  THE  COMMISSIONER  SHALL  NOT BE A PREREQUISITE TO NOR A BAR
 AGAINST A PERSON BRINGING A CIVIL ACTION UNDER THIS ARTICLE.
   4. IN ANY CIVIL ACTION BY AN EMPLOYEE  OR  BY  THE  COMMISSIONER,  THE
 EMPLOYEE OR COMMISSIONER SHALL HAVE THE RIGHT TO COLLECT ATTORNEYS' FEES
 AND  COSTS  INCURRED  IN  ENFORCING  ANY COURT JUDGMENT. ANY JUDGMENT OR
 COURT ORDER AWARDING REMEDIES UNDER THIS SECTION SHALL PROVIDE  THAT  IF
 ANY  AMOUNTS  REMAIN UNPAID UPON THE EXPIRATION OF NINETY DAYS FOLLOWING
 ISSUANCE OF JUDGMENT, OR NINETY DAYS AFTER EXPIRATION  OF  THE  TIME  TO
 APPEAL  AND NO APPEAL THEREFROM IS THEN PENDING, WHICHEVER IS LATER, THE
 TOTAL  AMOUNT  OF  JUDGMENT  SHALL  AUTOMATICALLY  INCREASE  BY  FIFTEEN
 PERCENT.
   §  696-G.  REGULATIONS.  1. THE COMMISSIONER MAY PROMULGATE SUCH REGU-
 LATIONS AS HE OR SHE DEEMS APPROPRIATE TO CARRY OUT THE PURPOSES OF THIS
 ARTICLE AND TO SAFEGUARD MINIMUM WAGE STANDARDS.
   2. SUCH REGULATIONS SHALL BE PROMULGATED BY THE COMMISSIONER  AFTER  A
 PUBLIC HEARING HELD AFTER DUE NOTICE.
   3.  A NOTICE OF THE PUBLIC HEARING AND A NOTICE OF THE PROMULGATION OF
 ANY SUCH REGULATION SHALL BE PUBLISHED IN THE STATE BULLETIN. THE NOTICE
 OF THE PROMULGATION OF ANY SUCH REGULATION SHALL BE PUBLISHED  AT  LEAST
 TWENTY DAYS BEFORE THE EFFECTIVE DATE OF THE REGULATION.
   §  696-H.  SAVINGS  CLAUSE.  IF  ANY  PROVISION OF THIS ARTICLE OR THE
 APPLICATION THEREOF TO ANY PERSON, EMPLOYER, OCCUPATION OR  CIRCUMSTANCE
 IS  HELD  INVALID,  THE  REMAINDER OF THE ARTICLE AND THE APPLICATION OF
 SUCH PROVISION TO OTHER  PERSONS,  EMPLOYEES,  OCCUPATIONS,  OR  CIRCUM-
 STANCES SHALL NOT BE AFFECTED THEREBY.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.