Chapter 11: Living Wage Law

Subchapter A: General

§ 11-01 Definitions.

   (a)   For purposes of this chapter, the following terms mean:

      Additional Covered Employer. The term "Additional Covered Employer" has the same meaning as set forth in the Living Wage Executive Order.

      Case. The term "Case" means an enforcement proceeding commenced by the Department before OATH based upon an alleged violation of the Living Wage Law and the Living Wage Executive Order.

      City. The term "City" means the City of New York or any City Economic Development Entity.

      City Economic Development Entity. The term "City Economic Development Entity" has the same meaning as set forth in the Living Wage Law.

      Commissioner. The term "Commissioner" means the Commissioner of the Department or his or her designee.

      Comptroller. The term "Comptroller" means the Office of the Comptroller of the City of New York.

      Covered Employer. The term "Covered Employer" has the same meaning as set forth in the Living Wage Law.

      Department. The term "Department" means the New York City Department of Consumer Affairs.

      Employee. The term "Employee" means any person employed by a Covered Employer or an Additional Covered Employer. This definition includes persons performing work on a full-time, part-time, temporary or seasonal basis, and includes employees, independent contractors, and contingent or contracted workers, including persons made available to work through the services of a temporary services, staffing or employment agency or similar entity. Provided, however, that if the financial assistance is targeted to particular real property, then only persons employed at the real property to which the financial assistance pertains shall be deemed employees.

      Financial Assistance. The term "Financial Assistance" has the same meaning as set forth in the Living Wage Law.

      Living Wage. The term "Living Wage" has the same meaning as set forth in the Living Wage Law.

      Living Wage Executive Order. The term "Living Wage Executive Order" means Executive Order No. 7 of 2014, dated September 30, 2014, entitled "Living Wage for City Economic Development Projects."

      Living Wage Law. The term "Living Wage Law" means § 6-134 of Chapter 1 of Title 6 of the New York City Administrative Code, entitled "Living Wage for Employees in City Financially Assisted Facilities."

      Payroll Records. The term "Payroll Records" means all time cards, cancelled checks, cash receipts, books, documents, schedules, forms, reports, receipts or other evidence that reflect job assignments, work schedules by days and hours, and the disbursement of funds to an employee by cash, check, or in any other form or manner.

   (b)   Other Terms. The terms "Administrative Law Judge," "OATH," "Petition," "Petitioner," and "Respondent" have the same meanings as set forth in 48 RCNY § 1-01.

(Added City Record 9/15/2016, eff. 10/15/2016)

§ 11-02 Compliance by Covered Employers and Additional Covered Employers.

   Every Covered Employer and Additional Covered Employer must pay their Employees no less than the Living Wage.

(Added City Record 9/15/2016, eff. 10/15/2016)

§ 11-03 Employee Notices.

   (a)   Covered Employers and Additional Covered Employers must post the notices required by the Living Wage Law in a prominent and accessible location and deliver the notices to all Employees at each work location. Prominent and accessible locations for posting of the notice include areas frequented by Employees such as break rooms, pantries and employee lounges. Covered Employers and Additional Covered Employers must promptly replace any posted notice that is damaged, defaced, illegible or removed for any reason. 

   (b)   The notices must be delivered to Employees in a manner that reasonably ensures that Employees receive the notice, including delivery by the Covered Employer or Additional Covered Employer by hand, electronic mail or certified mail, return receipt requested.

   (c)   Covered Employers and Additional Covered Employers must post and deliver versions of the notices in English, Spanish and any other languages that are spoken by Employees at each work location if the City has prepared forms of the notice in those languages and provided them to the Covered Employer or Additional Covered Employer. The City may make copies of the notice available to Covered Employers and Additional Covered Employers on one or more websites maintained by the City.

(Added City Record 9/15/2016, eff. 10/15/2016)