Section 22-501
§ 22-501 Definitions. a. As used in section 22-502, the following
words and phrases shall mean and include:
1. "Strike". Any concerted act of the employees in a lawful refusal of
the employees to perform work or services for the employer, provided
such acts are not recognized as unlawful under New York state and
federal law, and if the employees are represented by a labor
organization, that the said labor organization shall have approved or
sanctioned the act.
2. "Lockout". A refusal by an employer to permit his employees to work
as a result of a dispute with such employees that affects wages, hours
and other terms and conditions of employment of said employees,
provided, however, that a lockout shall not include a termination of
employment for reasons deemed proper under New York state and federal
law.
3. "Employer". A person, firm or corporation who employs any employee
to perform services for a wage or salary and includes any person, firm
or corporation acting as an agent of any employer, directly or
indirectly.
4. "Employee". Any person who performs services for wages or salary
under a contract of employment, express or implied, for an employer.
5. "Labor organization". Any organization of any kind or any agency or
employee representation committee or plan in which employees participate
and which exists for the purpose, in whole or in part, of dealing with
employers concerning grievances, labor disputes, wages, rates of pay,
hours of employment or conditions of work.
6. "Strikebreaker". Any person who customarily and repeatedly offers
himself or herself for employment for the duration of a strike or
lockout in the place of employees involved in a strike or lockout.
Section 22-502
§ 22-502 Unlawful conduct. a. It shall be unlawful in the city of New
York for any employer wilfully and knowingly to employ any strikebreaker
to replace employees who are either on strike against or locked out by
such employer.
b. It shall be unlawful within the city of New York for any person,
firm or corporation not directly involved in a strike or lockout to
recruit any person or persons for employment or to secure or offer to
secure for a person or persons any employment when the purpose of such
recruiting, securing or offering to secure employment is to have such
person take the place in employment of employees in an industry or
establishment where a strike or lockout exists, provided that this
section shall not apply to any employment agency duly licensed in the
city of New York or any nurses registry and provided that such
employment is in the regular course of business of such employment
agency or nurses registry.
c. It shall be unlawful for any person, firm or corporation including
such duly licensed employment agency to transport or arrange to
transport to the city of New York any person or persons for employment
for the purpose of having such person take the place in employment of
employees in an industry or establishment where a strike or lockout
exists.
d. Any person violating the provisions of this section shall be guilty
of a misdemeanor and upon conviction thereof shall be subject to a fine
or not more than one thousand dollars or to suffer imprisonment for a
term not exceeding one year, or both.
Section 22-503
§ 22-503 Extension or renewal of licenses and permits issued to
persons performing active duty in the army, navy or marine corps. a.
Notwithstanding the provisions of any law, rule or regulation or the
terms or conditions of any license relating to the examination of
applicants for such licenses or the payment of fees therefor, the head
of each agency of the city authorized to issue licenses or permits shall
extend or renew any license issued by such agency to any person who
shall:
1. Engage in the performance of active duty in the army, navy or
marine corps of the United States,
2. Be honorably discharged therefrom or be relieved from active duty
therein without fault or delinquency, and
3. Hold such license at the time of entrance upon such performance of
active duty.
b. Upon application of any such person to the appropriate agency,
within one year from his or her discharge from active duty, and without
further examination as to the qualification of the applicant, the head
of such agency shall renew such license.
c. Where the license is one for which there is an annual fee and where
the business or occupation has been discontinued while the licensee was
in active service, the head of such agency shall credit against the fee
for the renewed license a sum equal to one-twelfth of the annual fee
paid by the applicant for the license held by him or her for each month
of such active duty until the expiration of such license. Application
for such renewal of license shall be made within sixty days after the
applicant's discharge from active duty. If at the time of renewal the
credit, computed as above provided, is greater than the fee charged for
the renewed license, the remainder of such credit shall be applied to
the fee charged for the next subsequent renewal of such license.
d. Nothing in this section shall affect any law, rule or regulation of
any agency relating to the premises where the business or occupation is
to be conducted or to the location or sanitary condition thereof.
e. The term "license" as used in this section shall include permits.
f. Notwithstanding the provisions of this section and section 19-505
of the code, the following persons shall be entitled to receive taxicab
licenses upon the following terms and conditions:
1. Any person who held a taxicab license and transferred same
immediately preceding entry into the performance of active duty in the
army, navy or marine corps of the United States, in anticipation of
engaging in the performance of such active duty, and was subsequently
honorably discharged therefrom.
2. Any person who held a taxicab license at the time of entry into the
performance of active duty in the army, navy or marine corps of the
United States and transferred such taxicab license while engaged in such
duty and was or is subsequently honorably discharged.
3. Applications for taxicab licenses under this subdivision must be
made to the taxicab and limosine commission within one hundred and
twenty days after his or her discharge from military service.
4. Taxicab licenses issued pursuant to the provisions of this
subdivision shall not be transferable except that licenses issued to
World War II veterans (if current and operative April fifteenth,
nineteen hundred sixty-three), shall be transferable provided said
licenses have not been previously revoked for cause or surrendered
voluntarily.
In the event that the holder of such a license has died prior to March
twenty-seventh, nineteen hundred sixty-seven, a transferable license
shall be issued to the legal representative of the deceased licensee,
provided said representative files a suitable application therefor and
is qualified to hold such license.
Section 22-504
§ 22-504 Experience; honorably discharged members of the armed forces
of the United States. Whenever, by the provisions of the code,
experience in a particular trade is a prerequisite for obtaining any
license, certificate or permit issued thereunder, the period of service
in the armed forces of the United States in an area designated by the
president of the United States by executive order as a "combat zone" at
any time during the period designated by the president as the period of
combatant activities in such zone, by an honorably discharged member
thereof who shall apply for such license, certificate or permit, shall
be deemed the equivalent of such experience on a year for year basis and
shall be accepted accordingly, provided, however, that such applicant
prior to his or her entry into the said armed forces possessed not less
than one year of the experience required under the code, and further
provided that such experience was interrupted by such entry into the
said armed forces. An applicant may apply the provisions of this section
and section 22-504.1 of this chapter to satisfy the experience
prerequisite in a particular trade for the applicable license,
certificate or permit. The provisions of this section shall not apply
to license of hoist machine operator, master rigger, master plumber,
site safety coordinator, site safety manager and license of
high-pressure boiler operating engineer, except that of an applicant for
a license of high-pressure boiler operating engineer, who has had,
during the ten years immediately preceding the filing of this
application, at least five years' experience required under the code, or
at least one year's experience prior to his or her entry into the said
armed forces, and while in the said armed forces served as a
firefighter, oiler, boilermaker, machinist, water tender or engineer, or
while in the said armed forces performed duties equivalent to the duties
performed by firefighter, oiler, boilermaker, machinist, water tender or
engineer for an additional period of time, to make a total of five
years' experience, shall be deemed to possess the required experience as
applicant for a license of high-pressure boiler operating engineer.
Notwithstanding any other provision of this section, the head of each
city agency issuing any license, certificate or permit for which
experience in a particular trade is a prerequisite shall have the
authority to determine whether additional experience is necessary before
issuing any such license, certificate or permit. The provisions of this
section shall apply only to applicants who are at least eighteen years
of age; and are able to read and write the English language.
Section 22-504.1
§ 22-504.1 Equivalent experience; honorably discharged members of the
armed forces of the United States. Whenever, by the provisions of the
code, experience in a particular trade is a prerequisite for obtaining
any license, certificate or permit issued thereunder, the period of
service in the armed forces of the United States by an honorably
discharged member thereof who shall apply for such license, certificate
or permit, shall be deemed the equivalent of such experience on a year
for year basis and shall be accepted accordingly, provided, however,
that such applicant while in said armed forces performed duties
equivalent to experience required for any such license, certificate or
permit, and provided further that only the period of service during
which such equivalent duties were performed shall be deemed equivalent
experience. An applicant may apply the provisions of this section and
section 22-504 of this chapter to satisfy the experience prerequisite in
a particular trade for the applicable license, certificate or permit.
Notwithstanding any other provision of this section, the head of each
city agency issuing any license, certificate or permit for which
experience in a particular trade is a prerequisite shall have the
authority to determine whether additional experience is necessary before
issuing any such license, certificate or permit. The provisions of this
section shall apply only to applicants who are at least eighteen years
of age; and are able to read and write the English language.
Section 22-505
§ 22-505 Displaced Building Service Workers a. For purposes of this
section only, the following terms shall have the following meaning:
(1) "Building service" means work performed in connection with the
care or maintenance of an existing building and includes, but is not
limited to, work performed by a watchman, guard, doorman, building
cleaner, porter, handyman, janitor, gardener, groundskeeper, stationary
fireman, elevator operator and starter, window cleaner, and
superintendents.
(2) "Building service contract" means a contract let to any covered
employer for the furnishing of building services, and includes any
subcontracts for such services.
(3) "Building service contractor" means any person who enters into a
building service contract.
(4) "Building service employee" means any person employed as a
building service employee by a covered employer who has been regularly
assigned to a building on a full or part-time basis for at least ninety
days immediately preceding any transition in employment subject to this
section except for (i) persons who are managerial, supervisory, or
confidential employees, provided that this exemption shall not apply to
building superintendents or resident managers, (ii) persons earning in
excess of twenty-five dollars per hour from a covered employer, and
(iii) persons regularly scheduled to work fewer than eight hours per
week at a building.
(5) "City of New York" means any city, county or borough,
administration, department, division, bureau, board or commission, or a
corporation, institution or agency of government the expenses of which
are paid in whole or in part from the city treasury.
(6) "Covered employer" means any person who owns or manages real
property, either on its own behalf or for another person, within the
City of New York, including, but not limited to, housing cooperatives,
condominium associations, building managing agents, and any building
service contractor, provided, however, that the requirements of this
subchapter shall not apply to (i) residential buildings of less than 50
units, (ii) commercial office, institutional or retail buildings of less
than 100,000 square feet, (iii) any building in which the city of New
York and/or any governmental entity, the head or majority of members of
which are appointed by one or more officers of the city of New York,
occupies fifty percent or more of the rentable square footage, or (iv)
to the extent that such requirements conflict with title 11, section 162
of the state finance law.
(7) "Person" means any individual, proprietorship, partnership, joint
venture, corporation, limited liability company, trust, association, or
other entity that may employ persons or enter into service contracts,
but shall not include the city of New York, the state of New York, and
the federal government or any other governmental entity, or any
individual or entity managing real property for a governmental entity.
(8) "Successor employer" means a covered employer that (i) has been
awarded a building service contract to provide, in whole or in part,
building services that are substantially similar to those provided under
a service contract that has recently been terminated, or (ii) has
purchased or acquired control of a property in which building service
employees were employed.
b. (1) No less than fifteen calendar days before terminating any
building service contract, any covered employer shall request the
terminated contractor to provide to the successor employer a full and
accurate list containing the name, address, date of hire, and employment
occupation classification of each building service employee currently
employed at the site or sites covered by the terminated contract.
(2) No less than fifteen calendar days before transferring a
controlling interest in any covered building in which building services
employees are employed, any covered employer shall provide to the
successor employer a full and accurate list containing the name,
address, date of hire, and employment occupation classification of each
building service employee currently employed at the site or sites
covered by the transfer of controlling interest.
(3) No more than seven calendar days after notice that its building
service contract has been terminated, any covered employer shall provide
to the successor employer a full and accurate list containing the name,
address, date of hire, and employment occupation classification of each
building service employee employed on the notice date at the site or
sites covered by the terminated building service contract.
(4) When providing the notice required under this subsection, each
covered employer shall ensure that a notice to building service
employees is posted setting forth the rights provided under this section
and which includes a copy of the list provided under the preceding
sections, and that such notice is also provided to the employees'
collective bargaining representative, if any. The notice and list shall
be posted in the same location and manner that other statutorily
required notices to employees are posted at the affected building(s).
(5) A successor employer shall retain for a ninety (90) day transition
employment period at the affected building(s) those building service
employee(s) of the terminated building service contractor (and its
subcontractors), or other covered employer, employed at the building(s)
covered by the terminated building service contract or owned or operated
by the former covered employer.
(6) If at any time the successor employer determines that fewer
building service employees are required to perform building services at
the affected building(s) than had been performing such services under
the former employer, the successor employer shall retain the predecessor
building service employees by seniority within job classification;
provided, that during such 90-day transition period, the successor
employer shall maintain a preferential hiring list of those building
service employees not retained at the building(s) who shall be given a
right of first refusal to any jobs within their classifications that
become available during that period.
(7) Except as provided in part (6) of this subsection, during such
90-day period, the successor contractor shall not discharge without
cause an employee retained pursuant to this section.
(8) At the end of the 90-day transition period, the successor employer
shall perform a written performance evaluation for each employee
retained pursuant to this section. If the employee's performance during
such 90-day period is satisfactory, the successor contractor shall offer
the employee continued employment under the terms and conditions
established by the successor employer or as required by law.
c. (1) A building service employee who has been discharged or not
retained in violation of this section may bring an action in Supreme
Court against a successor contractor and/or covered employer for
violation of any obligation imposed pursuant to this section.
(2) The court shall have authority to order injunctive relief to
prevent or remedy a violation of any obligation imposed pursuant to this
section.
(3) If the court finds that by reason of a violation of any obligation
imposed pursuant to subsection b, a building service employee has been
discharged or not retained in violation of this section, it shall award:
(i) Back pay for each day during which the violation continues, which
shall be calculated at a rate of compensation not less than the higher
of (a) the average regular rate of pay received by the employee during
the last three years of the employee's employment in the same occupation
classification; or (b) the final regular rate received by the employee.
(ii) Costs of benefits the successor employer would have incurred for
the employee under the successor contractor's or employer's benefit
plan(s).
(iii) The building service employee's reasonable attorneys fees and
costs.
(4) In any such action, the court shall have authority to order the
terminated contractor or former employer to provide the successor
employer with the information required pursuant to subsection b of this
section.
d. The provisions of this section shall not apply (i) to any successor
employer that, on or before the effective date of the transfer of
control from a predecessor covered employer to the successor employer or
the commencement of services by a successor building service contractor,
agrees to assume, or to be bound by, the collective bargaining agreement
of the predecessor covered employer covering building service employees,
provided that the collective bargaining agreement provides terms and
conditions for the discharge or laying off of employees; or (ii) where
there is no existing collective bargaining agreement as described in
subsection (i) above, to any successor employer that agrees, on or
before the effective date of the transfer of control from a predecessor
covered employer to the successor employer or the commencement of
services by a successor building service contractor, to enter into a new
collective bargaining agreement covering its building service employees,
provided that the collective bargaining agreement provides terms and
conditions for the discharge or laying off of employees; or (iii) to any
successor employer whose building service employees will be accreted to
a bargaining unit with a pre-existing collective bargaining agreement,
provided that the collective bargaining agreement provides terms and
conditions for the discharge or laying off of employees; or (iv) any
covered employer that obtains a written commitment from a successor
employer that the successor employer's building service employees will
be covered by a collective bargaining agreement falling within subparts
(i), (ii), or (iii) above.
Section 22-506
* § 22-506 a. Short title. This section shall be known and may be
cited as the "Health Care Security Act."
** b. Definitions. For purposes of this section, the following terms
shall have the following meanings:
(1) "Active retail floor space" means the floor space in any store
operated by a grocery employer that is utilized for the display and sale
of food; provided that such term shall not include any storage space,
loading dock, food preparation space or eating area designated for the
consumption of prepared food.
(2) "Administering agency" means any city agency, office, department,
division, bureau or institution of government, the expenses of which are
paid in whole or in part from the city treasury, as the mayor shall
designate.
(3) "City" means the city of New York.
(4) "Covered employer" means any grocery employer operating in the
city.
(5) "Covered industry" means the grocery industry operating in the
city.
(6) "Employee" means any person who is not a family member of a
covered employer and who works at any location in the city on a
full-time, part-time or seasonal basis for any grocery employer;
provided that such term shall not include persons who are managerial,
supervisory or confidential employees; and provided further that such
term shall not include persons who are hired to work exclusively for the
holiday period from November 1 through December 31.
(7) "Entity" or "Person" means any natural person, corporation, sole
proprietorship, partnership, association, joint venture, limited
liability company or other legal entity.
(8) "Family of employee" means the spouse or domestic partner as
defined in section 3-240 of the administrative code of an employee and
each dependent child of such employee.
(9) "Family member of a covered employer" means the spouse or domestic
partner as defined in section 3-240 of the administrative code of a
covered employer and each child, parent, sister or brother of such
employer.
(10) "Fiscal year" means the period from July 1 of each year through
June 30 of the following year.
(11) "Food" means nourishment for human consumption.
(12) "Grocery employer" means any entity operating one or more retail
stores in the city that (i) primarily sell food for off-site
consumption, where such entity employs fifty or more employees at any
one such store, provided that such entity shall be deemed to employ the
highest number of employees that such entity employed at any time during
the preceding fiscal year or (ii) contain 12,500 square feet or more of
active retail floor space for the sale of food for off-site consumption,
such as a "big box" retail store or warehouse club; provided that such
term shall not include any retail store for which pharmacy sales
comprise fifty percent or more of store sales.
(13) "Health care expenditure" means any amount paid by a covered
employer to its employees or to another party on behalf of its employees
and/or the families of its employees for the purpose of providing health
care services or reimbursing the cost of such services for its employees
and/or the families of its employees, including, but not limited to, (i)
contributions by such employer to a health savings account as defined
under section 223 of the United States internal revenue code or to any
other account having substantially the same purpose or effect without
regard to whether such contributions qualify for a tax deduction or are
excludable from employee income; (ii) reimbursement by such employer to
its employees and/or the families of its employees for incurred health
care expenses where such recipients had no entitlement to have expenses
reimbursed under any plan, fund or program maintained by such employer;
or (iii) contributions by such employer to any New York city health and
hospitals corporation facility or federally qualified health center that
is located in a borough where such employer operates a store or where
the majority of such employer's employees reside, provided that such
contributions shall not be designated for a particular individual or
group of individuals, notwithstanding anything herein to the contrary;
provided, however, that such term shall not include any payment made
directly or indirectly for workers' compensation, Medicare benefits or
any other health care costs, taxes or assessments that such employer is
required to pay pursuant to any federal, state or local law other than
this section, or any amount deducted from an employee's wages and not
reimbursed by such employer.
(14) "Health care services" means primary or secondary medical care or
services, including, but not limited to, (i) inpatient and outpatient
hospital services, (ii) physicians' surgical and medical services, (iii)
laboratory, diagnostic and x-ray services, (iv) prescription drug
coverage, (v) annual physical examinations, (vi) preventative services,
(vii) mental health services or (viii) substance abuse treatment
services; provided, however, that such term shall not include any
medical procedure or treatment which is solely cosmetic.
(15) "Prevailing health care expenditure rate" means the amount of
health care expenditure customarily made on behalf of a full-time
employee and/or the family of such employee in the same trade or
occupation in the covered industry, prorated on an hourly basis and
calculated pursuant to paragraph 2 of subdivision c of this section.
(16) "Required health care expenditure" means the total health care
expenditure that a covered employer is required to make each year for
its employees and/or the families of its employees pursuant to
subdivision c of this section.
(17) "Retaliatory action" means the discharge, suspension, demotion or
penalization of, or discrimination or taking other adverse action
against, an employee with respect to the terms and conditions of such
employee's employment.
** NB Validity of local law 1 of 2006 is currently a subject of
disagreement between the mayor and the city council.
c. Required health care expenditures. ** (1) Covered employers shall
make required health care expenditures on behalf of their employees
and/or the families of their employees each fiscal year, beginning on
July 1, 2006. Such expenditures may be made within thirty days after the
close of the fiscal year for which such expenditures are required to be
made; provided that no health care expenditures may be credited toward
more than one fiscal year.
* NB Validity of local law 1 of 2006 is currently a subject of
disagreement between the mayor and the city council.
(2) The administering agency shall annually determine the prevailing
health care expenditure rate for employees in the covered industry using
procedures and standards similar to those used to calculate prevailing
wages and fringe benefits pursuant to sections 230 and 220 of the New
York state labor law; provided that where thirty percent or more of such
employees are covered by a valid collective bargaining agreement, the
prevailing health care expenditure rate for such employees shall be
equal to the health care expenditure rate for full-time employees as
provided under such collective bargaining agreement; provided further
that where there are more than one such collective bargaining agreements
with differing health care expenditure rates for full-time employees
which together cover thirty percent or more of the employees in the
covered industry, the prevailing health care expenditure rate for such
employees shall be the average such rate of all such agreements; and
provided further that all employees employed in the covered industry
shall be deemed to be in the same trade or occupation for purposes of
determining the prevailing health care expenditure rate. Each prevailing
health care expenditure rate determined pursuant to this subdivision
shall be published by the administering agency by March 1 of each year
and shall take effect on July 1 of the fiscal year.
** (3) Each covered employer shall annually determine its required
health care expenditure by multiplying the prevailing health care
expenditure rate as determined by the administering agency pursuant to
this subdivision for such employer's covered industry by the total
number of hours worked during the fiscal year by all the employees of
such employer. A covered employer may use any reasonable methodology to
determine (i) the number of hours worked during the fiscal year by its
employees; (ii) such employer's required health care expenditure for the
fiscal year; and (iii) whether the health care expenditure made by such
employer during the fiscal year is at least equal to such employer's
required health care expenditure for such year. Each covered employer
shall file a concise statement describing such methodology with the
administering agency, or if no such agency has been designated, with the
city clerk, by April 1 of each year for the following fiscal year.
** NB Validity of local law 1 of 2006 is currently a subject of
disagreement between the mayor and the city council.
** (4) A covered employer shall (i) maintain an accurate work log that
includes, for each employee, such employee's name, trade or occupation,
and the dates and hours or time periods worked by such employee,
provided, however, that covered employers shall not be required to
maintain such records in any particular form; (ii) provide an employee
or such employee's designated representative(s) with access to such
employee's work log and payroll records for inspection and copying;
(iii) maintain accurate records of health care expenditures and required
health care expenditures, and proof of such expenditures each year,
provided, however, that covered employers shall not be required to
maintain such records in any particular form; and (iv) provide a report
to the administering agency on an annual basis containing the
information required to be maintained pursuant to subparagraphs (i) and
(iii) of this paragraph, and such other information as the administering
agency shall require. Such report shall be made available to the public
upon request without employee names or other personally identifying
information. A covered employer that is a signatory to one or more
collective bargaining agreements that cover at least seventy-five
percent of its employees may comply with this section as provided in
subdivision g.
** NB Validity of local law 1 of 2006 is currently a subject of
disagreement between the mayor and the city council.
d. Unlawful retaliation. It shall be unlawful for any covered employer
to deprive or threaten to deprive any person of employment, take or
threaten to take any retaliatory action against any person, or directly
or indirectly intimidate, threaten, coerce, command or influence or
attempt to intimidate, threaten, coerce, command or influence any person
because such person has taken an action to enforce, inquire about or
inform others about the requirements of this section. Taking any such
adverse action against any person within ninety days of such person's
exercise of rights pursuant to this section shall raise a rebuttable
presumption that such action was in retaliation for the exercise of such
rights.
e. Violations and penalties. (1) Any covered employer found to be in
violation of this section by failing to make health care expenditures
during the fiscal year at least equal to the required health care
expenditure for such employer shall be liable for a civil penalty equal
to the amount of the shortfall.
(2) Any covered employer found to be in violation of this section by
failing to make health care expenditures during the fiscal year at least
equal to the required health care expenditure for such employer shall
correct such violation within ninety days of such determination. The
administering agency shall serve a notice to correct such violation
which shall specify the date which is ninety days from such
determination by which the violation shall be corrected. Failure to
correct such violation pursuant to this paragraph shall subject a
covered employer to a civil penalty of not less than five hundred
dollars for each day such violation continues.
(3) Any covered employer found to have violated any of the
requirements of paragraph (4) of subdivision c of this section shall be
liable for a civil penalty of not less than five hundred dollars for
each such violation.
(4) In addition to being liable for civil penalties pursuant to this
subdivision, any covered employer found to have violated this section
may be subject to other action taken by the administering agency,
including, but not limited to, requesting that city agencies or
departments revoke or suspend any city-issued registration certificates,
permits or licenses held by such covered employer until such time as the
violation is remedied.
(5) Penalties imposed pursuant to this section shall not affect any
right or remedy available or civil or criminal penalty applicable under
law to any individual or entity, or in any way diminish or reduce the
remedy or damages recoverable in any action in equity or law before a
court of law with competent jurisdiction.
f. Enforcement. (1) The administering agency shall take appropriate
action to enforce this section, including, but not limited to,
periodically auditing covered employers to monitor compliance with this
section; establishing a system to receive complaints from any person
charging that a violation has occurred pursuant to this section;
investigating complaints received; and making findings of violations and
civil penalties in accordance with the provisions of this section.
** (2) Any proceeding to recover any civil penalty authorized pursuant
to this section shall be commenced by the service of a notice of
violation which shall be returnable to the administering agency. The
commissioner or other designated person of such administering agency
shall, after due notice and an opportunity for a hearing, be authorized
to impose the civil penalties prescribed by this section.
** NB Validity of local law 1 of 2006 is currently a subject of
disagreement between the mayor and the city council.
(3) Any action or proceeding that may be appropriate or necessary for
the correction of any violation issued pursuant to this section,
including, but not limited to, actions to secure permanent injunctions,
enjoining any acts or practices which constitute such violation,
mandating compliance with the provisions of this section or such other
relief as may be appropriate, may be initiated in any court of competent
jurisdiction by the corporation counsel or such other persons designated
by the corporation counsel on behalf of the administering agency.
** (4) Any joint-labor management committee established pursuant to
the federal Labor Management Cooperation Act of 1978 (section 175a of
title 29 of the United States code) operating in the covered industry or
any employee of a covered employer may bring an action in any court of
competent jurisdiction against a covered employer that fails to make
health care expenditures during the fiscal year at least equal to the
required health care expenditure for such employer in violation of this
section. Upon a determination of any such violation, the court may award
any appropriate equitable relief to secure compliance with this section
and shall award reasonable attorney's fees and costs incurred in
maintaining the action to any complaining party who prevails in any such
enforcement action.
** NB Validity of local law 1 of 2006 is currently a subject of
disagreement between the mayor and the city council.
(5) Any aggrieved person may bring an action in any court of competent
jurisdiction against a covered employer for violation of subdivision d
of this section. Upon a determination of any such violation, the court
may award any appropriate remedy at law or equity and shall award
reasonable attorney's fees and costs incurred in maintaining the action
to any complaining party who prevails in any such enforcement action.
(6) Any enforcement proceedings commenced under this section must be
commenced within three years after the date of the occurrence or
termination of the alleged violation, which ever occurs later.
g. Exemption. A covered employer that is a signatory to one or more
collective bargaining agreements that cover at least seventy-five
percent of its employees may fully comply with the requirements of this
section by filing annually with the administering agency proof of such
collective bargaining agreements and their terms, in such form and
manner as specified by the administering agency, and shall otherwise be
exempt from all other provisions of this section.
h. Rules. The administering agency shall promulgate rules in
accordance with this section and such other rules as may be necessary
for the purpose of implementing, construing and carrying out the
provisions of this section.
* NB Enacted without section heading.
To the extent possible under law, Friends of Devin Balkind for Public Advocate has waived all copyright and related or neighboring rights to New York City Administrative Code. This work is published from: United States.
Special thanks to Benjarmin Kallos and Thom Neale who made this content publicly available as a bulk download.