Relates to the definition of building service employee

1 Co-sponsor

• Tony Avella

BILL NUMBER:S6690A

Title of bill

An act to amend the labor law, in relation to the definition of building service employee

Purpose

To provide equal pay for custodian-helpers employed by the New York City School Custodians who do the same work as those employed by private companies.

Summary of provisions

To amend the labor law by expanding the definition of building service employee and contractor to § 230(1) and (4) of Article 9 of the New York State Labor Law.

Justification

This bill would correct a legal anomaly whereby custodian-helpers employed by the New York City School Custodians are paid at a lower wage than employees doing the same work for private companies. Passage of this bill would correct this inequality and hold New York City Public Schools accountable to New York's Prevailing Wage Law.

New York City Department of Education ("DOE") schools have two mechanisms for providing custodial services. In the first system, the DOE contracts with a private company for its custodial services. The private company must pay its employees a prevailing wage under § 230 of Article 9 of the New York State Labor Law. Under the alternative, referred to as the "indirect system," the DOE employs custodian-engineers in accordance with civil service regulations, who in turn employ helpers. The workers employed under the indirect system receive approximately $7 per hour less, even though these employees perform the same exact work as their counterparts that work for a private company providing the same services to the DOE. This bill would provide parity for all custodial-helpers at DOE facilities.

Legislative history

This is a new bill in the Senate.

Fiscal impact on the state

None.

Effective date

This act shall take effect immediately.