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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.
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.
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 dis- charged.
3. Applications for taxicab licenses under this subdivision must be made to the taxicab and limousine 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.
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.
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.
a. For purposes of this section, the following terms have the following meanings:
Building service. The term "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, security officer, fire safety director, doorman, building cleaner, porter, handyman, janitor, gardener, groundskeeper, stationary fireman, elevator operator and starter, window cleaner, and superintendent.
Building service contract. The term "building service contract" means a contract for the furnishing of building services, and includes any subcontracts for such services.
Building service employee. The term "building service employee" means any person employed to perform a building service 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 thirty-five dollars per hour from a covered employer, provided that this amount shall be adjusted on January 1, 2017 and annually thereafter by the mayor's office of labor standards based upon the preceding twelve-month percentage increase, if any, in the consumer price index for all urban consumers for all items, as published by the bureau of labor statistics of the United States department of labor; and (iii) persons regularly scheduled to work fewer than eight hours per week at a building.
City of New York. The term "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.
Covered employer. The term "covered employer" means any person who hires or retains building service employees or a building service contractor, including, but not limited to, a lessee of commercial space, housing cooperative, condominium association, building managing agent, or any other person who owns, leases or manages real property, either on its own behalf or for another person, within the city of New York, provided, however, that the requirements of this section shall not apply (i) to residential buildings of less than 50 units, (ii) to commercial office, institutional or retail buildings of less than 100,000 square feet, (iii) to any lessee of commercial office space whose leasehold is less than 35,000 square feet, or (iv) to the extent that such requirements conflict with section 162 of the state finance law.
Former building service contractor. The term "former building service contractor" means any person who furnishes building services pursuant to a building service contract prior to a termination of such contract.
Person. The term "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 does 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.
Successor building service contractor. The term "successor building service contractor" means any person who, pursuant to a contract, furnishes building services that are substantially similar to those that were provided under a terminated building service contract or to those that were provided by building service employees previously employed by a covered employer.
b. Terminated building service contract.
1. No less than 15 calendar days before terminating any building service contract or, in the situation where such contract covers multiple buildings, terminating such contract as to one or more buildings, any covered employer shall request the former building service contractor to provide, any covered employer or the successor building service contractor, whichever person intends to furnish substantially similar building services to those that were provided under the terminated building service contract, a full and accurate list containing the name, address, date of hire and employment classification of each building service employee employed at the buildings covered by the terminated contract. The former building service contractor shall provide such list within 72 hours of receipt of the request from the covered employer. At the same time that the former building service contractor provides such list, the former building service contractor shall post the list in a notice to the building service employees that also sets forth the rights provided by this section, in the same location and manner that other statutorily required notices to employees are posted at the affected building. Such notice shall also be provided to the employees' collective bargaining representative, if any.
2. Upon termination of a building service contract, any covered employer or the successor building service contractor, whichever person intends to furnish substantially similar building services to those that were provided under the terminated building service contract, shall retain those building service employees employed at the buildings covered by the terminated contract for a 90-day transition employment period.
3. If at any time the covered employer or successor building service contractor, whichever person intends to furnish substantially similar building services to those that were provided under the terminated building service contract, determines that fewer building service employees are required to perform building services at the affected buildings than had been performing such services by the former building service contractor, the covered employer or the successor building service contractor shall retain the building service employees by seniority within job classification; provided, that during the 90-day transition period, the covered employer or successor building service contractor shall maintain a preferential hiring list of those building service employees not retained at the buildings who shall be given a right of first refusal to any jobs within their classifications that become available during that period.
4. Except as provided in paragraph 3 of this subdivision, during the 90-day transition period, the covered employer or successor building service contractor, whichever person intends to furnish substantially similar building services to those that were provided under the terminated building service contract, shall not discharge without cause a building service employee retained pursuant to this section.
5. At the end of the 90-day transition period, the covered employer or successor building service contractor, whichever person intends to furnish substantially similar building services to those that were provided under the terminated building service contract, shall perform a written performance evaluation for each building service employee retained pursuant to this section. If such employee's performance during such 90-day transition period is satisfactory, the covered employer or successor building service contractor shall offer such employee continued employment under the terms and conditions established by the covered employer or successor building service contractor.
6. For purposes of this subdivision, "covered employer" includes any person to which a controlling interest in the affected building has been or is being transferred.
c. Transfer of controlling interest.
1. No less than 15 calendar days before transferring a controlling interest in any building in which building services employees are employed, the covered employer who is transferring the controlling interest in such building shall provide to the covered employer to which the controlling interest is being transferred a full and accurate list containing the name, address, date of hire and employment classification of each building service employee employed at the buildings covered by the transfer of such controlling interest. At the same time, the covered employer who is transferring the controlling interest in such building shall post such list in a notice to its building service employees that also sets forth the rights provided by this section, in the same location and manner that other statutorily required notices to employees are posted at the affected building. Such notice shall also be provided to the employees' collective bargaining representative, if any.
2. The covered employer to which the controlling interest is being transferred shall retain those building service employees employed at the buildings covered by the transfer of the controlling interest for a 90-day transition employment period.
3. If at any time the covered employer to which the controlling interest is being transferred determines that fewer building service employees are required to perform building services at the affected buildings than had been performing such services for the covered employer who is transferring the controlling interest, the covered employer to which the controlling interest is being transferred shall retain the building service employees by seniority within job classification; provided, that during the 90-day transition period, such covered employer maintain a preferential hiring list of those building service employees not retained at the buildings who shall be given a right of first refusal to any jobs within their classifications that become available during that period.
4. Except as provided in paragraph 3 of this subdivision, during the 90-day transition period, the covered employer to which the controlling interest is being transferred shall not discharge without cause a building service employee retained pursuant to this section.
5. At the end of the 90-day transition period, the covered employer to which the controlling interest is being transferred shall perform a written performance evaluation for each employee retained pursuant to this section. If such employee's performance during such 90-day transition period is satisfactory, the covered employer to which the controlling interest is being transferred shall offer such employee continued employment under the terms and conditions established by the covered employer.
d. Entering into a building service contract.
1. No less than 15 calendar days before entering into a building service contract, the covered employer that will enter into such contract shall provide to the successor building service contractor a full and accurate list containing the name, address, date of hire, and employment classification of each building service employee who is currently performing those services. At the same time the covered employer that will enter into such contract provides such list, such employer shall post a notice to the building service employees that also sets forth the rights provided by this section in the same location and manner that other statutorily required notices to employees are posted at the affected building. Such notice shall also be provided to the employees' collective bargaining representative, if any.
2. The successor building service contractor shall retain those building service employees who were providing those services for a covered employer for a 90-day transition employment period.
3. If at any time the successor building service contractor determines that fewer building service employees are required to perform building services at the affected building than had been performing such services for the covered employer, the successor building service contractor shall retain the building service employees by seniority within job classification; provided, that during the 90-day transition period, the successor building service contractor shall maintain a preferential hiring list of those building service employees not retained at the buildings who shall be given a right of first refusal to any jobs within their classifications that become available during that period.
4. Except as provided in paragraph 3 of this subdivision, during the 90-day transition period, the successor building service contractor shall not discharge without cause an employee retained pursuant to this section.
5. At the end of the 90-day transition period, the successor building service contractor shall perform a written performance evaluation for each building service employee retained pursuant to this section. If such employee's performance during such 90-day transition period is satisfactory, the successor building service contractor shall offer such employee continued employment under the terms and conditions established by such contractor.
e. Remedies.
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 former building service contractor, covered employer or successor building service contractor for violation of any obligation imposed pursuant to this section.
2. The court shall have authority to order preliminary and permanent equitable relief, including, but not limited to, reinstatement of any employee who has been discharged or not retained in violation of this section.
3. If the court finds that by reason of a violation of any obligation imposed pursuant to subdivision b, c, or d of this section a building service employee has been discharged or not retained in violation of this section, it shall award:
(a) Back pay, and an equal amount as liquidated damages, for each day during which the violation continues, which shall be calculated at a rate of compensation not less than the higher of (1) 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 (2) the final regular rate received by the employee. Back pay shall apply to the period commencing with the date of the discharge or refusal-to-retain by the covered employer or successor building service contractor through the effective date of any offer of instatement or reinstatement of the employee.
(b) Costs of benefits the covered employer or successor building service contractor would have incurred for the employee under such employee's benefit plan.
(c) The building service employee's reasonable attorney's fees and costs.
4. In any such action, the court shall have authority to order the covered employer or the former building service contractor, as applicable, to provide any information required pursuant to subdivision b, c or d of this section.
f. The provisions of this section shall not apply to the following:
1. any covered employer or successor building service contractor that, on or before the effective date of a termination of a building service contract, agrees to assume, or to be bound by, the collective bargaining agreement of the former building service contractor, provided that the collective bargaining agreement provides terms and conditions for the discharge or laying off of employees;
2. any covered employer to which a controlling interest in a building is being transferred that, on or before the effective date of the transfer of such controlling interest, agrees to assume, or to be bound by, the collective bargaining agreement of the covered employer that is transferring the controlling interest, provided that the collective bargaining agreement provides terms and conditions for the discharge or laying off of employees;
3. any successor building service contractor that, on or before the effective date of the entering into a building service contract by a covered employer, agrees to assume or to be bound by, the collective bargaining agreement of the covered employer, provided that the collective bargaining agreement provides terms and conditions for the discharge or laying off of employees;
4. if there was no existing collective bargaining agreement as described in paragraphs 1, 2, or 3 of this subdivision, any covered employer or successor building service contractor that agrees, on or before the effective date of the termination of the contract, transfer of a controlling interest, or entering into a building service contract, 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;
5. any covered employer or successor building service contractor 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
6. any covered employer or former building service contractor that obtains a written commitment from a covered employer or successor building service contractor that the covered employer or successor building service contractor's building service employees will be covered by a collective bargaining agreement falling within paragraphs (1) through (5) of this subdivision.
(Am. L.L. 2016/058, 5/10/2016, eff. 5/10/2016)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2002/039.
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