L.L. 2015/104

Enactment date: 11/30/2015

Int. No. 743-A

By the Speaker (Council Member Mark-Viverito) and Council Members Lancman, Johnson, Levin, Ferreras-Copeland, Miller, Arroyo, Cabrera, Chin, Constantinides, Dromm, Eugene, Gibson, Koo, Koslowitz, Palma, Richards, Cohen, Rodriguez, Rosenthal, Torres, Menchaca, Kallos, Lander and Barron

A Local Law to amend the New York city charter and the administrative code of the city of New York, in relation to the establishment of an office of labor standards, and to repeal subdivision (i) of section 20-a of such charter and section 20-925 of such code, relating to the designation of an agency to enforce the Earned Sick Time Act

Be it enacted by the Council as follows:

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[Consolidated provisions are not included in this Appendix A]

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§ 7. Section three of local law number 53 for the year 2014 is amended to read as follows:

§ 3. This local law shall take effect January 1, 2016, provided that (i) the [commissioner of consumer affairs] the head of such office or agency as the mayor shall designate pursuant to section 20-a of the New York city charter, as added by section one of this local law, shall, prior to the effective date of this local law, promulgate such rules, and take such other steps, as may be necessary to effectuate the provisions of this local law on its effective date and (ii) in the event qualified transportation benefits are no longer permitted to be excluded from an employee's gross income for federal income tax purposes and from an employer's wages for federal payroll tax purposes, this local law shall no longer be effective.

§ 8. Any rule promulgated by the department of consumer affairs pursuant to a power transferred by this local law to the office of labor standards, as described in section 20-a of the New York city charter, as added by section one of this local law or such office or agency as the mayor shall designate pursuant to subdivision g of such section, and in force upon the effective date of such transfer shall continue in force as the rule of the agency or officer to whom such power is transferred, unless and until such rule is superseded, amended, or repealed.

§ 9. Unless otherwise provided by law, all actions and proceedings commenced by the department of consumer affairs under or by virtue of a power transferred by this local law to the office of labor standards, as described in section 20-a of the New York city charter, as added by section one of this local law or such office or agency as the mayor shall designate pursuant to subdivision g of such section, and pending immediately prior to such transfer may be prosecuted and defended to final effect in the same manner by the agency or officer to whom such power is transferred as if such power were not so transferred. All interested parties to such actions shall be informed by the designated office or agency of the transfer of the action or proceeding within thirty days of the transfer.

§ 10. The enactment of this local law shall not affect or impair any act done, offense committed or right accruing, accrued or acquired, or liability, penalty, forfeiture or punishment incurred prior to the time such enactment takes effect, but the same may be enjoyed, asserted, enforced, prosecuted or inflicted, as fully and to the same extent as if such local law had not been enacted.

§ 11. This local law takes effect one hundred and twenty days after its enactment into law except that:

   a.   Prior to such date the director of the office of labor standards, as described in section 20-a of the New York city charter, as added by section one of this local law, shall take such actions, including the promulgating of rules, as are necessary to implement the provisions of this local law;

   b.   Sections six and seven of this local law shall take effect on the same date and in the same manner as local law number 53 for the year 2014; and

   c.   Any reference to chapter 9 of title 20 of the administrative code of the city of New York set forth in sections one and three of this local law shall take effect on the same date on the same date and in the same manner as local law number 53 for the year 2014.