S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2569
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 26, 2023
                                ___________
 
 Introduced  by  M.  of A. ROZIC, SEAWRIGHT, HEVESI, REYES, L. ROSENTHAL,
   EPSTEIN, THIELE, J. M. GIGLIO, McDONOUGH, CRUZ, SIMON, LUNSFORD, OTIS,
   WEPRIN -- 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-e  to
 read as follows:
   § 196-E. 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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06756-01-3
              

 A. 2569                             2
 
 NY, BUSINESS TRUST, LEGAL REPRESENTATIVE,  OR  ANY  ORGANIZED  GROUP  OF
 PERSONS ACTING AS SUCH AN EMPLOYER;
   (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.