S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3953
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 31, 2025
                                ___________
 
 Introduced  by  Sens.  RAMOS,  CLEARE, COMRIE, FERNANDEZ, HOYLMAN-SIGAL,
   JACKSON, MAYER, PARKER -- 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 the convening of a human
   services employee wage board

   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-E to
 read as follows:
 
                               ARTICLE 19-E
                         HUMAN SERVICES EMPLOYEES
 
 SECTION 697. STATEMENT OF PUBLIC POLICY.
         697-A. DEFINITIONS.
         697-B. HUMAN SERVICES EMPLOYEE WAGE BOARD.
   § 697. STATEMENT OF PUBLIC POLICY. THE LEGISLATURE  HEREBY  FINDS  AND
 DECLARES  THAT THERE ARE PERSONS EMPLOYED BY HUMAN SERVICES PROVIDERS IN
 THE STATE OF NEW YORK AT WAGES INSUFFICIENT TO PROVIDE ADEQUATE  MAINTE-
 NANCE FOR THEMSELVES AND THEIR FAMILIES.
   HUMAN  SERVICES  WORKERS  ARE  ESSENTIAL  TO THE STATE AND LOCALITIES'
 ABILITY TO ASSIST NEW YORKERS CONFRONTING A RANGE OF SOCIAL  CHALLENGES.
 TO  ACHIEVE  COST  SAVINGS,  GOVERNMENT  HAS  TRANSFERRED  MOST  LEGALLY
 MANDATED HUMAN SERVICES FOR NEW YORKERS TO NONPROFITS AND IN  TURN  HAVE
 CREATED MASSIVE PAY DISPARITIES WITHIN THE FIELD. GOVERNMENT IS NOT JUST
 THE  PREDOMINANT  FUNDER  OF  HUMAN SERVICES IN NEW YORK, IT IS ALSO THE
 MAIN DRIVER OF HUMAN SERVICES SALARIES AS IT DIRECTLY SETS SALARY  RATES
 ON  CONTRACTS  OR DOES SO INDIRECTLY BY ESTABLISHING COSTS FOR A UNIT OR
 SERVICE, ALONG WITH REQUIRED STAFFING ON A CONTRACT.
   NONPROFITS CONTRACTED TO PROVIDE HUMAN SERVICES ARE NOT ONLY  PROVIDED
 INSUFFICIENT  FUNDING  TO  PAY THEIR EMPLOYEES, BUT ARE MET WITH CHRONIC
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08513-01-5
              

 S. 3953                             2
 
 DELAYS IN PAYMENT, UNDERFUNDING, AND A LACK OF SINCERE COLLABORATION  TO
 CREATE  MEANINGFUL AND LASTING INTERVENTIONS. BETWEEN TWO THOUSAND EIGHT
 AND TWO THOUSAND EIGHTEEN, THE STATE CUT HUMAN SERVICES FUNDING BY TWEN-
 TY-SIX  PERCENT,  WITH  LOWER RATES NOW THAN IN NINETEEN HUNDRED EIGHTY.
 THESE CONTRACTING PRACTICES HAVE CREATED EXTREME PAY  DISPARITIES  WHERE
 HUMAN  SERVICES  WORKERS  MAKE  ON  AVERAGE  SEVENTY-ONE PERCENT OF WHAT
 GOVERNMENT EMPLOYEES MAKE, AND EIGHTY-TWO PERCENT OF WHAT PRIVATE SECTOR
 WORKERS RECEIVE.
   THE PAY DISPARITIES IN THE HUMAN SERVICES SECTOR ALSO  HAVE  IMPORTANT
 CONSEQUENCES  FOR  RACE  AND  GENDER EQUITY. THE HUMAN SERVICES PROVIDER
 WORKFORCE OF NEARLY EIGHT  HUNDRED  THOUSAND  PEOPLE  IS  OVERWHELMINGLY
 FEMALE  (SIXTY-SIX  PERCENT),  OVER  TWO-THIRDS ARE FULL-TIME WORKERS OF
 COLOR (SIXTY-EIGHT PERCENT), AND NEARLY  HALF  (FORTY-SIX  PERCENT)  ARE
 WOMEN  OF  COLOR.  THE  MAJORITY  (SIXTY-THREE PERCENT) HAVE A FOUR YEAR
 COLLEGE DEGREE OR BETTER; YET THEY MAKE ABOUT TWENTY THOUSAND DOLLARS  A
 YEAR LESS THAN A PUBLIC SECTOR WORKER WITH A COMPARABLE EDUCATION.
   GOVERNMENT  SAVINGS  ARE BEING BORNE ON THE BACKS OF LOW-INCOME NEIGH-
 BORHOODS AND BLACK, INDIGENOUS, AND PEOPLE OF COLOR (BIPOC)  COMMUNITIES
 WHO  GET  REDUCED SERVICES AND A WORKFORCE THAT IS PREDOMINANTLY MADE UP
 OF WOMEN AND PEOPLE OF COLOR WHO ARE PAID POVERTY-LEVEL WAGES. THE RELA-
 TIVELY LOW PAY IN THE CORE HUMAN  SERVICES  SECTOR  MEANS  THAT  FIFTEEN
 PERCENT  OF  ALL  WORKERS  (BOTH FULL- AND PART-TIME) QUALIFIED FOR FOOD
 STAMPS IN TWO THOUSAND SIXTEEN THROUGH TWO THOUSAND EIGHTEEN.
   A HUMAN SERVICES EMPLOYEE WAGE BOARD IS NECESSARY TO  INVESTIGATE  THE
 PAY DISPARITIES BETWEEN GOVERNMENT EMPLOYEES AND EMPLOYEES OF CONTRACTED
 HUMAN  SERVICES  PROVIDERS  AND  DEVELOP RECOMMENDATIONS ON ADEQUATE AND
 EQUITABLE WAGES.
   § 697-A. DEFINITIONS. AS USED IN THIS ARTICLE:
   1. "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, ENVIRONMENTAL JUSTICE, AND POVERTY.
   2.  "HUMAN  SERVICES  PROVIDER"  SHALL MEAN ANY: (A) NOT-FOR-PROFIT OR
 CHARITABLE ORGANIZATION, OR (B) LOCAL AGENCY AS DEFINED  IN  SUBDIVISION
 THREE OF THIS SECTION, THAT (I) CONTRACTS WITH ANY STATE AGENCY OR OTHER
 PUBLIC  ENTITY, AS DEFINED IN SUBDIVISIONS FOUR AND FIVE OF THIS SECTION
 TO PROVIDE HUMAN SERVICES AS DEFINED IN SUBDIVISION ONE OF THIS SECTION,
 OR (II) 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.
   3.  "LOCAL  AGENCY"  SHALL  INCLUDE ALL COUNTY, CITY, TOWN AND VILLAGE
 GOVERNING BODIES, ALL OTHER PUBLIC CORPORATIONS, SPECIAL  DISTRICTS  AND
 SCHOOL DISTRICTS IN THE STATE.
   4.  "STATE  AGENCY"  SHALL  INCLUDE  ANY  DEPARTMENT, DIVISION, BOARD,
 BUREAU, COMMISSION, OFFICE, AGENCY, AUTHORITY OR PUBLIC  CORPORATION  OF
 THE STATE.
   5.  "PUBLIC ENTITY" SHALL MEAN ANY LOCAL AGENCY AS DEFINED IN SUBDIVI-
 SION THREE OF THIS SECTION AND ANY STATE AGENCY AS DEFINED  IN  SUBDIVI-
 SION FOUR OF THIS SECTION.
   §  697-B.  HUMAN  SERVICES  EMPLOYEE  WAGE  BOARD.  1. MEMBERSHIP. THE
 COMMISSIONER SHALL HEREBY CONVENE A HUMAN SERVICES EMPLOYEE WAGE  BOARD.
 THE  WAGE  BOARD  SHALL  BE  COMPRISED  OF  TWELVE  MEMBERS: THREE HUMAN
 SERVICES EMPLOYEES, THREE HUMAN  SERVICES  PROVIDERS,  THREE  COALITIONS
 S. 3953                             3
 
 REPRESENTING  HUMAN  SERVICES  PROVIDERS, AND THREE MEMBERS APPOINTED BY
 THE COMMISSIONER, WHO SHALL BE SELECTED FROM THE GENERAL PUBLIC AND  ONE
 OF  WHOM  SHALL  BE DESIGNATED AS CHAIRPERSON. THE WAGE BOARD SHALL HOLD
 ITS  FIRST  HEARING NO LATER THAN MARCH FIRST, TWO THOUSAND TWENTY-FIVE.
 THE MEMBERS OF THE BOARD SHALL NOT RECEIVE A  SALARY  OR  OTHER  COMPEN-
 SATION,  BUT SHALL BE PAID ACTUAL AND NECESSARY TRAVELING EXPENSES WHILE
 ENGAGED IN THE PERFORMANCE OF THEIR DUTIES.
   2. ORGANIZATION. TWO-THIRDS OF THE MEMBERS OF THE BOARD SHALL  CONSTI-
 TUTE  A  QUORUM.  THE  CHAIRPERSON MAY FROM TIME TO TIME FORMULATE RULES
 GOVERNING THE MANNER IN WHICH THE WAGE BOARD SHALL FUNCTION AND  PERFORM
 ITS DUTIES UNDER THIS ARTICLE.
   3. POWERS. THE WAGE BOARD SHALL HAVE POWER TO CONDUCT PUBLIC HEARINGS.
 THE  BOARD  MAY  ALSO  CONSULT  WITH  HUMAN SERVICES PROVIDERS AND HUMAN
 SERVICES EMPLOYEES, AND THEIR RESPECTIVE REPRESENTATIVES, IN THE OCCUPA-
 TION OR OCCUPATIONS INVOLVED, AND WITH SUCH OTHER PERSONS, INCLUDING THE
 COMMISSIONER, THE COMMISSIONER OF  CHILDREN  AND  FAMILY  SERVICES,  THE
 COMMISSIONER OF TEMPORARY AND DISABILITY ASSISTANCE, THE COMMISSIONER OF
 ADDICTION  SERVICES  AND  SUPPORTS, THE DIRECTOR OF THE STATE OFFICE FOR
 THE AGING, THE COMMISSIONER OF PEOPLE WITH  DEVELOPMENTAL  DISABILITIES,
 THE  COMMISSIONER  OF MENTAL HEALTH, THE COMMISSIONER OF HEALTH, AND THE
 DEPUTY SECRETARY FOR HUMAN SERVICES AND  MENTAL  HYGIENE,  AS  IT  SHALL
 DETERMINE.  THE  BOARD  SHALL ALSO HAVE POWER TO ADMINISTER OATHS AND TO
 REQUIRE BY SUBPOENA THE ATTENDANCE AND TESTIMONY OF WITNESSES,  AND  THE
 PRODUCTION  OF  ALL  BOOKS,  RECORDS, AND OTHER EVIDENCE RELATIVE TO ANY
 MATTERS UNDER INQUIRY. SUCH SUBPOENAS SHALL BE SIGNED AND ISSUED BY  THE
 CHAIRPERSON OF THE BOARD AND SHALL BE SERVED AND HAVE THE SAME EFFECT AS
 IF  ISSUED OUT OF THE SUPREME COURT. THE BOARD SHALL HAVE POWER TO CAUSE
 DEPOSITIONS OF WITNESSES RESIDING WITHIN OR  WITHOUT  THE  STATE  TO  BE
 TAKEN  IN THE MANNER PRESCRIBED FOR LIKE DEPOSITIONS IN CIVIL ACTIONS IN
 THE SUPREME COURT. THE BOARD SHALL NOT BE BOUND BY COMMON LAW OR  STATU-
 TORY RULES OF PROCEDURE OR EVIDENCE.
   4.  PUBLIC  HEARINGS. WITHIN FORTY-FIVE DAYS OF THE APPOINTMENT OF THE
 WAGE BOARD, THE BOARD SHALL CONDUCT  PUBLIC  HEARINGS.  THE  WAGE  BOARD
 SHALL  ONLY MEET WITHIN THE STATE AND SHALL HOLD AT LEAST THREE HEARINGS
 AT WHICH THE PUBLIC WILL BE AFFORDED AN OPPORTUNITY TO PROVIDE COMMENTS.
 AT LEAST ONE SPANISH LANGUAGE  INTERPRETER  SHALL  BE  PRESENT  AT  EACH
 PUBLIC HEARING TO INTERPRET ORAL TESTIMONY DELIVERED IN SPANISH. WHERE A
 WITNESS REQUESTS IN ADVANCE OF SUCH HEARING AN INTERPRETER IN A LANGUAGE
 OTHER  THAN  SPANISH,  INCLUDING  BUT  NOT  LIMITED TO SIGN LANGUAGE, AN
 INTERPRETER IN THAT LANGUAGE SHALL BE PROVIDED. ANY MATERIALS  ADVERTIS-
 ING  SUCH  HEARINGS  SHALL  BE  BILINGUAL IN ENGLISH, SPANISH, AND OTHER
 LANGUAGES COMMONLY SPOKEN BY HUMAN SERVICES EMPLOYEES IN THE  GEOGRAPHIC
 REGION OF THE HEARING. ANY WRITTEN MATERIALS DISBURSED AT THE HEARING OR
 SUBSEQUENT TO THE HEARING, INCLUDING WRITTEN TESTIMONY AND HEARING TRAN-
 SCRIPTS,  SHALL BE AVAILABLE IN ENGLISH, SPANISH, AND ANY OTHER LANGUAGE
 UPON REQUEST AND SHALL BE MADE AVAILABLE IN A FORMAT ACCESSIBLE TO THOSE
 WITH VISUAL DISABILITIES UPON REQUEST. ANY VISUAL MATERIALS PRESENTED AT
 THE HEARING OR SUBSEQUENT TO THE HEARING SHALL BE MADE  AVAILABLE  IN  A
 FORMAT ACCESSIBLE TO THOSE WITH VISUAL DISABILITIES UPON REQUEST.
   5.  REPORT. THE WAGE BOARD SHALL MAKE A REPORT TO THE GOVERNOR AND THE
 LEGISLATURE. SUCH REPORT SHALL BE  PUBLISHED  CONTEMPORANEOUSLY  ON  THE
 WEBSITE  OF  THE DEPARTMENT. THE REPORT AND RECOMMENDATIONS OF THE BOARD
 SHALL BE SUBMITTED ONLY AFTER A VOTE OF NOT LESS THAN A MAJORITY OF  ALL
 ITS  MEMBERS  IN SUPPORT OF SUCH REPORT AND RECOMMENDATIONS. SUCH REPORT
 SHALL BE SUBMITTED NO LATER THAN  DECEMBER  THIRTY-FIRST,  TWO  THOUSAND
 TWENTY-FIVE.
 S. 3953                             4
 
   6.  CONSIDERATIONS.  THE WAGE BOARD SHALL CONSIDER THE PAY DISPARITIES
 BETWEEN HUMAN SERVICES  EMPLOYEES  AND  GOVERNMENT  AND  PRIVATE  SECTOR
 EMPLOYEES PERFORMING THE SAME DUTIES, FRINGE BENEFITS AND OTHER EMPLOYEE
 BENEFITS,  HUMAN SERVICES EMPLOYEE WAGES RELATIVE TO THE FEDERAL POVERTY
 GUIDELINES,  THE  IMPACT  OF  COST  OF  LIVING ON HUMAN SERVICE EMPLOYEE
 WAGES, AND RECOMMENDATIONS FOR WAGES THAT  WOULD  PROVIDE  FOR  ADEQUATE
 MAINTENANCE AND TO PROTECT THE HEALTH OF HUMAN SERVICES EMPLOYEES.
   7.  COMMISSIONER'S ACTIONS. THE COMMISSIONER SHALL COMPLY WITH SECTION
 SIX HUNDRED FIFTY-SIX OF THIS CHAPTER UPON RECEIPT OF THE  WAGE  BOARD'S
 RECOMMENDATIONS.  THE  COMMISSIONER MAY RECONVENE THE SAME WAGE BOARD OR
 APPOINT A NEW WAGE BOARD IN COMPLIANCE WITH SECTION SIX  HUNDRED  FIFTY-
 NINE OF THIS CHAPTER.
   § 2. This act shall take effect immediately.