NY State Senate Bill 2023-S4930

Senate Bill S4930

2023-2024 Legislative Session

Requires human service providers that contract with the state to pay their employees a certain minimum wage

download bill text pdf

Current Bill Status - In Senate Committee Labor Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 05, 2024	print number 4930a
Mar 05, 2024	amend and recommit to labor
Jan 03, 2024	referred to labor
Feb 17, 2023	referred to labor

Bill Amendments

Original

A (Active)

2023-S4930 - Details

Current Committee:: Senate Labor
Law Section:: Labor Law
Laws Affected:: Add §224-f, Lab L

2023-S4930 - Summary

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.

2023-S4930 - Sponsor Memo

                                 
BILL NUMBER: S4930

SPONSOR: RAMOS
 
TITLE OF BILL:

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

 
PURPOSE:

This bill requires human services providers who contract with the state
to pay their employees 150% of the minimum wage

 
SUMMARY OF PROVISIONS:

The bill adds a new section 224-f to the labor law that defines terms
and establishes a requirement mandating that human services providers
contracting with the state pay their employees 150% of the minimum wage

 
JUSTIFICATION:

Nonprofits provide publicly funded human services under contract with
State agencies but there has never been a requirement or even a well-es-
tablished practice to ensure that contracts keep up with the cost of
providing quality services, resulting in a system that pays only 70
cents on the dollar for direct program expenses. When these contracts
systematically underfund services, they are relying on low-wage workers,
predominantly of color, to fill in those gaps.

Currently, the human services work force is overwhelmingly female (66%),
with more than two-thirds of the full-time staff are workers of color
(68%), and nearly half (46%) are women of color. They are highly
educated and were lauded as heroes during COVID-19 but are paid only 70%
of the salaries given to their government counterparts.  This has
resulted in human services workers being some of the lowest paid workers
in New York's economy. The relatively low pay at the core human services
sector resulted in nearly 25% of all human services workers qualifying
for food stamps in recent years. The poverty-level wages appear to be
built into how New York State currently contracts for human services and
are a direct result of the decade of disinvestment that was included in
the state budgets that were enacted beginning in 2008.

This legislation seeks to address the impact of the chronically low wage
scale upon the human services workers who provide such essential
services.

 
FISCAL IMPACT:

To be determined.

 
LEGISLATIVE HISTORY:

New Bill

 
EFFECTIVE DATE:
Immediately

2023-S4930 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4930
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 17, 2023
                                ___________
 
 Introduced  by  Sen.  RAMOS  -- 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  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:
 
   Section  1.  The labor law is amended by adding a new section 224-f to
 read as follows:
   § 224-F. WAGE REQUIREMENTS FOR CERTAIN HUMAN SERVICES WORKERS. 1.  FOR
 THE PURPOSES OF THIS SECTION:
   (A) "HUMAN SERVICES" SHALL MEAN ANY SERVICE PROVIDED TO INDIVIDUALS OR
 GROUPS  OF  INDIVIDUALS,  FOR THE PURPOSE OF IMPROVING OR ENHANCING SUCH
 INDIVIDUALS'  HEALTH  AND/OR  WELFARE,  BY  ADDRESSING  SOCIAL  PROBLEMS
 INCLUDING  BUT  NOT  LIMITED  TO:  DOMESTIC VIOLENCE, TEENAGE PREGNANCY,
 MIGRANT HEALTH PROBLEMS, CHILD ABUSE, NUTRITIONAL DEFICIENCIES, SUICIDE,
 HUNGER, UNEMPLOYMENT, LACK OF SUITABLE SHELTER, CRIME, DRUG AND  ALCOHOL
 ABUSE AND POVERTY.
   (B)  "HUMAN  SERVICES  PROVIDER" SHALL MEAN ANY: (I) NOT-FOR-PROFIT OR
 CHARITABLE ORGANIZATION, OR (II) LOCAL AGENCY AS  DEFINED  IN  PARAGRAPH
 (C)  OF  THIS  SUBDIVISION,  THAT (1) CONTRACTS WITH ANY STATE AGENCY OR
 OTHER PUBLIC ENTITY, AS DEFINED IN PARAGRAPH (E) OF THIS SUBDIVISION  TO
 PROVIDE  HUMAN SERVICES AS DEFINED IN PARAGRAPH (A) OF THIS SUBDIVISION,
 OR (2) DIRECTLY OR INDIRECTLY RECEIVES ANY PUBLIC FUNDS  TO  PROVIDE  OR
 CONTRACT WITH THIRD PERSONS TO PROVIDE HUMAN SERVICES FOR THE BENEFIT OF
 THE GENERAL PUBLIC OR SPECIFIC CLIENT GROUPS.
   (C)  "LOCAL  AGENCY"  SHALL INCLUDE ALL COUNTY, CITY, TOWN AND VILLAGE
 GOVERNING BODIES, ALL OTHER PUBLIC CORPORATIONS, SPECIAL  DISTRICTS  AND
 SCHOOL DISTRICTS IN THE STATE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04314-03-3
 S. 4930                             2

   (D)  "STATE  AGENCY"  SHALL  INCLUDE  ANY DEPARTMENT, DIVISION, BOARD,
 BUREAU, COMMISSION, OFFICE, AGENCY, AUTHORITY OR PUBLIC  CORPORATION  OF
 THE STATE.
   (E)  "PUBLIC  ENTITY"  SHALL MEAN ANY LOCAL AGENCY AS DEFINED IN PARA-
 GRAPH (C) OF THIS SUBDIVISION AND ANY STATE AGENCY AS DEFINED  IN  PARA-
 GRAPH (D) OF THIS SUBDIVISION.
   2.  EVERY  CONTRACT  FOR  HUMAN SERVICES ENTERED INTO BETWEEN A PUBLIC
 ENTITY AND A HUMAN SERVICES PROVIDER, AND ANY SUCH CONTRACT ENTERED INTO
 BY A THIRD PARTY ACTING IN PLACE OF, ON BEHALF OF AND FOR THE BENEFIT OF
 SUCH PUBLIC ENTITY PURSUANT TO ANY  LEASE,  PERMIT  OR  OTHER  AGREEMENT
 BETWEEN SUCH THIRD PARTY AND THE PUBLIC ENTITY, SHALL STIPULATE THAT:
   (A) THE PUBLIC ENTITY SHALL PAY TO EACH HUMAN SERVICES WORKER FOR EACH
 HOUR WORKED NO LESS THAN ONE HUNDRED FIFTY PERCENT OF THE HIGHER OF: (I)
 THE  OTHERWISE  APPLICABLE MINIMUM WAGE UNDER SECTION SIX HUNDRED FIFTY-
 TWO OF THIS CHAPTER; OR (II) ANY OTHERWISE APPLICABLE WAGE RULE OR ORDER
 UNDER ARTICLE NINETEEN OF THIS CHAPTER; AND
   (B) ADEQUATE FUNDING HAS BEEN APPROPRIATED TO ENSURE  COMPLIANCE  WITH
 THE  MINIMUM WAGE REQUIREMENTS SET FORTH IN PARAGRAPH (A) OF THIS SUBDI-
 VISION.
   § 2. This act  shall  take  effect  immediately  and  shall  apply  to
 contracts  and  agreements issued, renewed, modified, altered or amended
 on or after such date.

2023-S4930A (ACTIVE) - Details

Current Committee:: Senate Labor
Law Section:: Labor Law
Laws Affected:: Add §224-f, Lab L

2023-S4930A (ACTIVE) - Summary

2023-S4930A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S4930A

SPONSOR: RAMOS
 
TITLE OF BILL:

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

 
PURPOSE:

This bill requires human services providers who contract with the state
to pay their employees 150% of the minimum wage

 
SUMMARY OF PROVISIONS:  The bill adds a new section 224-g to the labor
law that defines terms and establishes a requirement mandating that
human services providers contracting with the state pay their employees
150% of the minimum wage

 
JUSTIFICATION:

Nonprofits provide publicly funded human services under contract with
State agencies but there has never been a requirement or even a well-es-
tablished practice to ensure that contracts keep up with the cost of
providing quality services, resulting in a system that pays only 70
cents on the dollar for direct program expenses. When these contracts
systematically underfund services, they are relying on low-wage workers,
predominantly of color, to fill in those gaps.

Currently, the human services work force is overwhelmingly female (66%),
with more than two-thirds of the full-time staff are workers of color
(68%), and nearly half (46%) are women of color. They are highly
educated and were lauded as heroes during COVID-19 but are paid only 70%
of the salaries given to their government counterparts.  This has
resulted in human services workers being some of the lowest paid workers
in New York's economy. The relatively low pay at the core human services
sector resulted in nearly 25% of all human services workers qualifying
for food stamps in recent years. The poverty-level wages appear to be
built into how New York State currently contracts for human services and
are a direct result of the decade of disinvestment that was included in
the state budgets that were enacted beginning in 2008.  This legislation
seeks to address the impact of the chronically low wage scale upon the
human services workers who provide such essential services.

 
FISCAL IMPACT:

To be determined.

 
LEGISLATIVE HISTORY:

New Bill

 
EFFECTIVE DATE:
Immediately

2023-S4930A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4930--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 17, 2023
                                ___________
 
 Introduced  by  Sen.  RAMOS  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Labor  --  recommitted  to
   the  Committee  on  Labor  in accordance with Senate Rule 6, sec. 8 --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted to said committee

 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:
 
   Section 1. The labor law is amended by adding a new section  224-g  to
 read as follows:
   §  224-G. WAGE REQUIREMENTS FOR CERTAIN HUMAN SERVICES WORKERS. 1. FOR
 THE PURPOSES OF THIS SECTION:
   (A) "HUMAN SERVICES" SHALL MEAN ANY SERVICE PROVIDED TO INDIVIDUALS OR
 GROUPS OF INDIVIDUALS, FOR THE PURPOSE OF IMPROVING  OR  ENHANCING  SUCH
 INDIVIDUALS'  HEALTH  AND/OR  WELFARE,  BY  ADDRESSING  SOCIAL  PROBLEMS
 INCLUDING BUT NOT LIMITED  TO:  DOMESTIC  VIOLENCE,  TEENAGE  PREGNANCY,
 MIGRANT HEALTH PROBLEMS, CHILD ABUSE, NUTRITIONAL DEFICIENCIES, SUICIDE,
 HUNGER,  UNEMPLOYMENT, LACK OF SUITABLE SHELTER, CRIME, DRUG AND ALCOHOL
 ABUSE AND POVERTY.
   (B) "HUMAN SERVICES PROVIDER" SHALL MEAN ANY:  (I)  NOT-FOR-PROFIT  OR
 CHARITABLE  ORGANIZATION,  OR  (II) LOCAL AGENCY AS DEFINED IN PARAGRAPH
 (C) OF THIS SUBDIVISION, THAT (1) CONTRACTS WITH  ANY  STATE  AGENCY  OR
 OTHER  PUBLIC ENTITY, AS DEFINED IN PARAGRAPH (E) OF THIS SUBDIVISION TO
 PROVIDE HUMAN SERVICES AS DEFINED IN PARAGRAPH (A) OF THIS  SUBDIVISION,
 OR  (2)  DIRECTLY  OR INDIRECTLY RECEIVES ANY PUBLIC FUNDS TO PROVIDE OR
 CONTRACT WITH THIRD PERSONS TO PROVIDE HUMAN SERVICES FOR THE BENEFIT OF
 THE GENERAL PUBLIC OR SPECIFIC CLIENT GROUPS.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04314-05-4
 S. 4930--A                          2

   (C) "LOCAL AGENCY" SHALL INCLUDE ALL COUNTY, CITY,  TOWN  AND  VILLAGE
 GOVERNING  BODIES,  ALL OTHER PUBLIC CORPORATIONS, SPECIAL DISTRICTS AND
 SCHOOL DISTRICTS IN THE STATE.
   (D)  "STATE  AGENCY"  SHALL  INCLUDE  ANY DEPARTMENT, DIVISION, BOARD,
 BUREAU, COMMISSION, OFFICE, AGENCY, AUTHORITY OR PUBLIC  CORPORATION  OF
 THE STATE.
   (E)  "PUBLIC  ENTITY"  SHALL MEAN ANY LOCAL AGENCY AS DEFINED IN PARA-
 GRAPH (C) OF THIS SUBDIVISION AND ANY STATE AGENCY AS DEFINED  IN  PARA-
 GRAPH (D) OF THIS SUBDIVISION.
   2.  EVERY  CONTRACT  FOR  HUMAN SERVICES ENTERED INTO BETWEEN A PUBLIC
 ENTITY AND A HUMAN SERVICES PROVIDER, AND ANY SUCH CONTRACT ENTERED INTO
 BY A THIRD PARTY ACTING IN PLACE OF, ON BEHALF OF AND FOR THE BENEFIT OF
 SUCH PUBLIC ENTITY PURSUANT TO ANY  LEASE,  PERMIT  OR  OTHER  AGREEMENT
 BETWEEN SUCH THIRD PARTY AND THE PUBLIC ENTITY, SHALL STIPULATE THAT:
   (A) THE PUBLIC ENTITY SHALL PAY TO EACH HUMAN SERVICES WORKER FOR EACH
 HOUR WORKED NO LESS THAN ONE HUNDRED FIFTY PERCENT OF THE HIGHER OF: (I)
 THE  OTHERWISE  APPLICABLE MINIMUM WAGE UNDER SECTION SIX HUNDRED FIFTY-
 TWO OF THIS CHAPTER; OR (II) ANY OTHERWISE APPLICABLE WAGE RULE OR ORDER
 UNDER ARTICLE NINETEEN OF THIS CHAPTER; AND
   (B) ADEQUATE FUNDING HAS BEEN APPROPRIATED TO ENSURE  COMPLIANCE  WITH
 THE  MINIMUM WAGE REQUIREMENTS SET FORTH IN PARAGRAPH (A) OF THIS SUBDI-
 VISION.
   § 2. This act  shall  take  effect  immediately  and  shall  apply  to
 contracts  and  agreements issued, renewed, modified, altered or amended
 on or after such date.

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