Chapter 575 Living Wage

Editor's Note: This local law was adopted by the Legislature after disapproval by the County Executive on 6-28-2001.

§ 575-1 Legislative intent.

This Legislature hereby finds and determines that the County of Suffolk provides grants, loans, tax incentives, contracts and other forms of assistance to businesses that result in the creation or maintenance of a wide variety of employment opportunities.

This Legislature further finds and determines that Suffolk County has a limited amount of taxpayer resources to expend, which must be spent wisely.

This Legislature also finds and determines that, even in the current booming economy, far too many working Suffolk County residents and their families live below or near the poverty line.

This Legislature hereby determines that employees of Suffolk County government currently receive a wage and benefit package that meets the living wage requirements contemplated by this chapter.

This Legislature finds that the use of taxpayer dollars to promote sustenance and the creation of living wage jobs will increase consumer income, decrease levels of poverty, reinvigorate neighborhood businesses and reduce the need for taxpayer-funded social programs.

This Legislature finds that the disclosure provisions contained in Resolution No. 232-2000 for County purchases of textile or apparel goods represents a first step on the road to a County-wide policy of living wages.

Therefore, the purpose of this chapter is to ensure that employees of County contractors and subcontractors and beneficiaries of tax, loan, grant and other subsidy assistance provided by the County earn an hourly wage that is sufficient for a family of four to live at or above the federal poverty level.

§ 575-2 Definitions.

[Amended 8-6-2002 by L.L. No. 18-2002; 8-5-2003 by L.L. No. 24-2003[1]]

As used in this chapter, the following terms shall have the meanings indicated:

AWARDING AGENCY

That subordinate or component entity or person of the County that is responsible for solicitation of proposals or bids and responsible for the administration of service contracts or financial compensation agreements.

[Amended 3-15-2005 by L.L. No. 9-2005]

COMPENSATION

[Amended 3-15-2005 by L.L. No. 9-2005]

Any grant, loan, tax incentive or abatement, bond financing, subsidy or other form of compensation of more than $50,000 which is realized by or provided to an employer of at least 10 employees by or through the authority or approval of the County of Suffolk, including, but not limited to, industrial development bonds, Community Development Block Grant (CDBG) loans and Enterprise-Zone-related incentives.

Any service contract or subcontract let to a contractor with 10 or more employees by the County of Suffolk for the furnishing of services to or for the County of Suffolk (except contracts where services are incidental to the delivery of products, equipment or commodities) which involves an expenditure equal to or greater than $10,000.

For the purposes of this definition, the amount of expenditure for more than one contract for the same service within one calendar year shall be aggregated. A contract for the purchase or lease of goods, products, equipment, supplies or other property is not "compensation" for the purposes of this definition.

COUNTY

The County of Suffolk, any agency, office, position, administration, department, division, bureau, board, commission, corporation, public authority or unit of government, the expenses of which are paid in whole or in part by the County, or over which majority control is exercised by officers of the County or of a County-affiliated agency or their appointees.

COVERED EMPLOYEE

A person employed by a covered employer on either a full-time, part-time or temporary basis to perform work on or for the project or matter for which the recipient has received compensation; provided, however, that persons who are employed in construction work covered pursuant to federal, state or local prevailing wage laws shall be exempt from this chapter.

[Amended 3-15-2005 by L.L. No. 9-2005]

COVERED EMPLOYER

A recipient of, or an applicant for, compensation that has not been granted an exemption from this chapter, and who has at least one covered employee working within the County of Suffolk or the County of Nassau.

[Amended 3-15-2005 by L.L. No. 9-2005]

LIVING WAGE

Shall have the meaning stated in § 575-3 of this chapter.

PERSON

One or more of the following or their agents, employees, representatives and legal representatives: individuals, corporations, partnerships, joint ventures, associations, labor organizations, educational institutions, mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees, trustees in bankruptcy, receivers, fiduciaries and all other entities recognized at law by this County.

RECIPIENT

Any person or entity that is a recipient of compensation, as defined in this chapter; and:

[Amended 3-15-2005 by L.L. No. 9-2005]

Any tenant or leaseholder of a recipient that employs at least 10 persons and occupies property or uses equipment or property that is improved or developed as a result of compensation; and

Any contractor or subcontractor of a recipient that employs at least 10 persons in producing or providing goods or services to a recipient that are used by that recipient in the project or matter for which the recipient has received compensation.

SEASONAL EMPLOYEE

An employee hired temporarily for a period not to exceed 90 consecutive days at any given time within a six-month period.

§ 575-3 Living wage and other benefits.

Editor's Note: This local law was adopted by the Legislature after disapproval by the County Executive on 7-24-2003.

[Amended 8-6-2002 by L.L. No. 18-2002; 12-18-2002 by L.L. No. 2-2003; 8-5-2003 by L.L. No. 24-2003[1]; 4-20-2004 by L.L. No. 9-2004; 3-15-2005 by L.L. No. 9-2005]

Applicability. Covered employers shall pay no less than a living wage to their covered employees who actually perform work or render services on or for a project, matter, contract, or subcontract for which the recipient has received compensation, provided that in the case of employees performing nonconstruction work that is covered by state or local prevailing wage laws, covered employers shall pay the greater of a living wage or said prevailing wage for nonconstruction work.

Amount of wage. The living wage shall be calculated on an hourly basis and shall be no less than $9 per hour worked with health benefits, as described in this chapter, or otherwise $10.25 per hour. For the employees of child-care providers only, the living wage shall be calculated on an hourly basis and shall be no less than $9 per hour worked, with or without health benefits, of which no less than $7.75 shall be attributable to non-benefit employee compensation until January 1, 2005. In the event that health benefits are not provided, then such employees shall receive $9 per hour worked. Beginning on January 1, 2005, the living wage for employees of child-care providers shall be calculated on an hourly basis and shall be no less than $9.75 per hour worked, with or without health benefits, of which no less than $8.50 shall be attributable to non-benefit employee compensation. In the event that the health benefits are not provided, then such employees shall receive $9.75 per hour worked. Beginning on January 1, 2006, the living wage for all covered employees of child-care providers will increase by $0.75 per hour worked. The living wage shall be adjusted upwardly only, if applicable, each year beginning in 2010 in proportion to the increase of the area consumer price index as published by the U.S. Department of Labor and calculated on a period of 12 months ending in September of the previous year. The covered employer shall provide written notification of the rate adjustments to each of its covered employees and to its subcontractors and/or tenants, who shall provide written notices to each of their employees, if any, and make the necessary payroll adjustments by January 1, beginning in 2010.

[Amended 6-9-2009 by L.L. No. 21-2009]

Health benefits. Health benefits required by this chapter shall consist of the payment of at least $1.25 per hour towards the provision of health-care benefits for employees and their dependents. Proof of the provision of such benefits must be submitted to the agency not later than 30 days after execution of the contract to qualify for the wage rate in this section for employees with health benefits. Any employee-elected/-needed benefit (health care and non-health-care options) shall be considered as an eligible item for the purpose of calculating the $1.25 per hour benefit mandated if offered through a cafeteria-like plan, as long as the benefit is not mandated by state or federal law.

Certification of employers paying less than living wage barred. Prior to entering into any agreement with the County of Suffolk for any form of compensation, a covered employer must certify for the County Department of Labor that it will pay each of its covered employees no less than the living wage. A copy of this certification must be made available to the public, upon request, by the recipient and by the County Clerk.

No reduction in collective bargaining wage rates. Nothing in this chapter shall be construed to require or authorize any beneficiary to reduce wages established by a collective bargaining agreement or required under any prevailing wage law. Nothing in this chapter, however, shall be construed to increase or affect the wages, paid time-off entitlement, or benefits established in a collective bargaining agreement with regard to those employees of a recipient or covered employer during any period of time that an employee is not actually performing applicable work as defined in Subsection A of this section.

Cuts in nonwage benefits prohibited. No recipient shall fund wage increases required by this chapter, or otherwise respond to the provisions of this chapter, by reducing the health, insurance, pension, vacation, or other nonwage benefits of any of its employees.

Living wage reporting. The County Department of Human Resources, Personnel and Civil Service shall report to the Legislature within 60 days after enactment as to which full-time County positions pay less than the living wage standard. The County of Suffolk shall then use this information to comply with the standards of this chapter.[2]

Payroll recordkeeping and reporting. Each covered employer shall maintain payrolls for all covered employees and basic records relating thereto and shall preserve them for a period of three years. The records shall contain the number of hours worked each day, the gross wages, deduction made, actual wages paid, a record of fringe benefit payments, and any other data as may be required by the County Department of Labor from time to time, on a New York State Department of Labor Bureau of Public Works Form PW12, as modified by the County Department of Labor to conform to the requirements of this chapter. Upon request by the County Department of Labor, a covered employer shall produce, for inspection and copying, its payroll records for any or all of its covered employees for the prior three-year period. Covered employers shall maintain a listing of the name, date of hire, occupation classification, rate of pay, and benefits paid for each of its nonexempt covered employees.

Notice of application for compensation. Any and all contracts or agreements to provide compensation shall be void, and no compensation may be awarded, unless, at least 21 days before compensation is awarded or an agreement to provide compensation is signed, the applicant for compensation files with the Office of the County Clerk a publicly available application for compensation which shall include the following:

The name, address, and phone number of both the prospective recipient and, if different, the specific project for which the compensation is sought;

The amount and origin of compensation sought (e.g., state or County compensation program or contracting department);

A brief description of the project or service for which the compensation is sought;

A statement of projected employment needs, by job classification, under the prospective compensation, including calculation of estimated net increase or decrease in jobs as a result of compensation;

(e)

A statement of the projected wage levels of all covered employees in each of the years for which compensation is sought; and

(f)

A written commitment to pay all covered employees a living wage, as defined by this chapter.

County compensation reports. Each awarding agency shall file a County Compensation Report with the County Department of Labor. The report shall include, for each compensation package or contract approved, by or through the authority or administration of the County Department of Labor, during the preceding year:

The name of the awarding agency, the name of the specific program under which the compensation was awarded, and the origin of funds for compensation;

A calculation of the total cost to the County of compensation provided to each recipient, including both the face value of compensation as well as revenue not collected by the County as a result of the compensation;

A description of the purpose or project for which the compensation is awarded;

An accounting of the total number of jobs created per each project for which compensation was given; and

(e)

An accounting of the average wage paid on all jobs created by compensation granted by the awarding agency during the quarter.

[2]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. IV).

Compensated days off. Employers shall provide at least 12 days off per year for sick leave, vacation, or personal necessity at the employee's request. Employees shall accrue one compensated day off per month of full-time employment. Part-time employees who work 20 or more hours per week shall accrue compensated time off in increments proportional to that accrued by full-time employees. The employees shall be eligible to use accrued days off after the first six months of employment or consistent with company policy, whichever is sooner. Paid holidays, consistent with established employer policy, may be counted toward provision of the required 12 compensated days off. Part-time employees earning 200% of the living wage rate may be exempted from receiving compensated time off.

No covered employer shall adjust the number of hours of work per day, per week, or per month required for a covered employee, who receives a salary instead of an hourly wage, for the purpose of evading or undermining, by punitive measure, the requirements of Subsection B or C of this section. In order to avoid being deemed an evasion or punitive measure under this chapter, any adjustment in the number of hours of work of a salaried covered employee must be by negotiated employment agreement or by a business-wide change in hours of the covered employees by the covered employer, implemented in the ordinary course of business, and shall be accompanied by a corresponding adjustment in the covered employee's salary and/or benefits to ensure compliance with Subsection B or C of this section based on the new hourly work requirements.

Editor's Note: This local law was vetoed 7-24-2003 by the County Executive and was subsequently overridden by the County Legislature.

§ 575-4 Recordkeeping.

[Amended 8-6-2002 by L.L. No. 18-2002; 3-15-2005 by L.L. No. 9-2005]

The County Department of Labor shall promulgate rules and regulations necessary and appropriate for the implementation of this chapter.

The County Department of Labor shall submit annual reports to the County Legislature, which shall include the following information at a minimum:

§ 575-5 Noncompliance review and appeal; Living Wage Advisory Committee.

A listing and the status of all RFPs and RFQs, service contracts and lease agreements executed and financial compensation awarded, to which this chapter applies, including the term, dollar amount, and the service performed or compensation provided.

The County Department of Labor shall review the records of any covered employer at least once every three years to verify compliance with the provisions of this chapter.

The Department of Labor shall not require not-for-profit corporations which have no employees to submit the certification of compliance described in § 575-7 of this chapter; rather, not-for-profit corporations shall certify on a form established by the Department of Labor that the corporation has no employees. A not-for-profit corporation must submit this form only once annually even if that corporation is the recipient of compensation under multiple contracts. If a not-for-profit corporation submits this form and thereafter hires an employee during the calendar year, the not-for-profit corporation must immediately notify the Department of Labor or the awarding agency and thereafter comply with all applicable provisions of this chapter.

[Added 8-5-2008 by L.L. No. 31-2008]

[Amended 4-20-2004 by L.L. No. 9-2004]

Covered employers who fail to submit documents, certification or information required to demonstrate compliance with this chapter shall be deemed nonresponsive and subject to disqualification and other sanctions set forth herein.

The County Department of Labor shall develop an administrative procedure and appeal process for determining compliance with this chapter, subject to the following conditions:

The appeals process shall be available to every bidder/proposer who has been deemed noncompliant with this chapter, or who disputes the determination of applicability of this chapter to its business operation which will be involved in the proposed contract. A contract shall not be executed until there is resolution of the relevant appeal.

Appeals shall be filed with the County Department of Labor within seven calendar days after the date of the notice of the County's written determination of noncompliance and reasons therefor, or written determination of the applicability of this chapter.

The County Department of Labor shall maintain records pertaining to all complaints, hearings, determinations and findings, waivers requested and granted, and shall submit a regular report on compliance with this chapter to the County Legislature no less than annually. Special reports and recommendations on significant issues of interest to the Legislature shall be submitted as deemed appropriate by the County Department of Labor or as directed or requested by the Suffolk County Legislature.

Living Wage Advisory Committee.

A living wage Advisory Committee (Committee) is hereby created to review the effectiveness of this chapter at creating and retaining living-wage jobs in Suffolk County, to review all proposed changes to this chapter and to recommend to the County Legislature changes that will enhance the effectiveness of the Living Wage Law.

[Amended 3-22-2011 by L.L. No. 20-2011]

The Committee shall be comprised of nine members as follows:

[Amended 3-22-2011 by L.L. No. 20-2011]

Two members of the Suffolk County Legislature, one to be appointed by the majority leader, and one to be appointed by the minority leader of the County Legislature.

Two labor union members to be selected by labor union affiliates of the Long Island Federation of Labor, AFL-CIO.

Three members to be appointed by the County Executive, including two representatives of covered employers, and one member from the community at large.

Two representatives of the Department of Labor to be selected by the Commissioner of the Department of Labor. The Commissioner shall designate one representative to serve as Chairperson of the Committee.

Members of this Committee shall serve a three-year term.

§ 575-6 RFP, contract and financial assistance agreement language.

The Committee shall meet at least once a year and in special session as required. All meetings of the Committee shall be open to the public and shall allow for public testimony on the uses of County assistance generally, and on specific instances of assistance or proposed assistance as received or sought by individual enterprises.

[Amended 3-15-2005 by L.L. No. 9-2005]

All RFPs, County contracts and financial compensation agreements subject to this chapter shall contain the following two paragraphs or substantially equivalent language:

"This contract is subject to the Living Wage Law of the County of Suffolk. The law requires that, unless specific exemptions apply, or a waiver is granted, all employers (as defined) under service contracts and recipients of County financial assistance (as defined) shall provide payment of a minimum wage to employees (as defined) of $9 per hour with health benefits of at least $1.25 per hour or otherwise $10.25 per hour. Such rate shall be adjusted annually pursuant to the terms of the Living Wage Law of the County of Suffolk. For the employees of child-care providers only, the living wage shall be no less than $9 per hour worked, with or without health benefits, of which no less than $7.75 shall be attributable to nonbenefit employee compensation until January 1, 2005. In the event that health benefits are not provided, then such employees shall receive $9 per hour worked. Beginning January 1, 2005, the living wage for employees of child-care providers shall be no less than $9.75 per hour worked, of which no less than $8.50 shall be attributable to nonbenefit employee compensation. In the event that health benefits are not provided, then such employees shall receive $9.75 per hour worked. Beginning on January 1, 2006, the living wage for all covered employees of child-care providers will increase by $0.75 per hour worked."

"Under the provisions of the Living Wage Law, the County shall have the authority, under appropriate circumstances, to terminate this contract and to seek other remedies as set forth therein for violations of this law."

§ 575-7 Obligations of covered employers.

[Amended 8-6-2002 by L.L. No. 18-2002; 8-5-2003 by L.L. No. 24-2003[1]; 4-20-2004 by L.L. No. 9-2004; 3-15-2005 by L.L. No. 9-2005]

All covered employers subject to the provisions of this chapter shall submit a completed sworn (under penalty of perjury) "Certification of Compliance Subject to Audit" form, signed by an authorized representative, as part of an executed contract with the County of Suffolk. The completed certification of compliance form shall be made a part of any executed contract or project agreement and shall be made available to the public upon request.

Covered employers shall inform their subcontractors to comply with the provisions of this chapter for as long as the covered employer is in receipt of compensation and shall inform tenants/leaseholders that they are required to comply with the provisions of this chapter for as long as they use and occupy a premises or lease equipment or property that is in receipt of compensation. Language indicating the subcontractor's or tenant's/leaseholder's requirement to comply shall be included in any contract or agreement between a covered employer and its contractors, subcontractors, tenants or leaseholders. A copy of such subcontracts or other such agreements shall be submitted to the County and made available to the public upon request.

Covered employers shall give written notification to each current and new covered employee, at time of hire, of his or her rights to receive the benefits under the provisions of this chapter. The notification shall be posted prominently in communal areas at the work site. A copy of said notification shall be forwarded to the County and shall include the following:

Minimum compensation and health benefits. The initial rates of $9 an hour with health benefits, or $10.25 without health benefits, will be adjusted each year no later than April 1 in proportion to the increase at the immediately preceding December 31 over the year-earlier level of the consumer price index, as published by the U.S. Department of Labor, applied to $10.25. Proof of the provision of qualified health benefits shall be submitted to the County not later than 30 days after execution of the contract to qualify for the wage rate in § 575-3. Health benefits shall be provided to part-time covered employees as well as full-time covered employees.

Notice that the covered employers are required to file a certification of compliance form as part of the contract with the County and that the County will make said certifications available for public inspection and copying during its regular business hours.

Any recipient shall permit access to work sites and relevant payroll records by authorized County representatives for the purpose of monitoring compliance with this chapter, investigating employee complaints of noncompliance, and evaluating the operation and effects of this chapter, including the production for inspection and copying of its payroll records for any or all of its employees for the term of the contract or for five years, whichever period of compliance is applicable.

Covered employers shall inform covered employees making less than $12 per hour of their possible right to the federal earned income credit (EIC) under Section 32 of the Internal Revenue Code of 1954, 26 U.S.C. § 32, and shall make available to employees forms informing them of the EIC and forms required to secure advance EIC payments from the employer. These forms shall be provided to the eligible covered employees in English, Spanish, and other languages spoken by a significant number of the covered employees within 30 days of employment under the terms of this section, and as required by the Internal Revenue Code.

§ 575-8 Retaliation and discrimination barred.

Editor's Note: This local law was adopted by the Legislature after disapproval by the County Executive on 7-24-2003.

Covered employers shall not discharge, reduce the compensation of or otherwise discriminate against any employee for making a complaint to the County, participating in any of its proceedings, using any civil remedies to enforce his or her rights or otherwise asserting his or her rights under this chapter. Covered employers shall also be in compliance with federal law proscribing retaliation for union organizing.

§ 575-9 Monitoring, investigation and compliance.

The provisions of this chapter shall augment the County's normal and customary procedure for administering its contracts. The County shall administer the requirements of this chapter as follows:

[Amended 8-6-2002 by L.L. No. 18-2002; 3-15-2005 by L.L. No. 9-2005]

The County Department of Labor shall develop rules and regulations necessary and appropriate to review contract documents to ensure that relevant language and information are included in County RFPs, agreements and other pertinent documents.

The County Department of Labor shall develop rules and regulations necessary and appropriate for the monitoring of the operations of the contractors, subcontractors, and financial assistance recipients to ensure compliance, including the review, investigation, and resolution of specific concerns or complaints about the employment practices of a covered employer relative to this chapter. In such cases, the County shall attempt to resolve the problem within 30 days.

Where a violation of any provision of this chapter has been determined, the contractor shall be given a written notice by the County per the rules and regulations promulgated by the County Department of Labor. If the violation continues and/or no resolution is imminent, the County shall pursue all available legal remedies, including but not limited to any or all of the following penalties and relief:

Suspension and/or termination of the contract, subcontract, or financial compensation agreement, for cause.

Payback of any or all of the contract or financial compensation awarded by the County of Suffolk.

Deem the covered employer ineligible for future County contracts and/or financial compensation until all penalties and restitution have been paid in full.

§ 575-10 Covered employee complaint process.

A fine payable to the County of Suffolk in the sum of $500 for each week for each covered employee found not to have been paid in accordance with this chapter.

(e)

Wage restitution for each affected covered employee.

The Suffolk County Attorney shall promulgate procedures for legal enforcement of the requirements of this chapter.

[Amended 8-6-2002 by L.L. No. 18-2002]

A covered employee who alleges violation of any provision of this chapter may report such acts to the County and, at the covered employee's discretion, exhaust available employer internal remedies. The complaint to the County shall be handled as follows:

The covered employee shall submit to the County a completed complaint form and copies of all documents supporting the allegation.

The County shall notify the awarding agency and the covered employer of the complaint and seek resolution within five days from receipt of the complaint form. If resolution is not accomplished, the County shall initiate an investigation and seek legal remedies, if appropriate.

A covered employee claiming retaliation (such as termination, reduction in wages or benefits, or adverse changes in working conditions) for alleging noncompliance with this chapter may report the alleged retaliation in the same manner as the initial complaint.

§ 575-11 Applicability.

[Amended 8-6-2002 by L.L. No. 18-2002; 3-15-2005 by L.L. No. 9-2005]

This chapter shall apply to all actions occurring on or after July 1, 2002, and shall apply to:

A contract or subcontract entered into or renewed and after the applicability date of this chapter;

Financial compensation awarded after the applicability date of this chapter;

A contract amendment consummated after the applicability date of this chapter which itself meets the financial threshold requirement of this chapter, and

Supplemental financial compensation provided for after the applicability date of this chapter which itself meets the requirements of this chapter.

This chapter shall not apply to:

Employees working in a bona fide executive, administrative or professional capacity; and

Employees earning annually at least $23,660; or

Persons with disabilities (earning or productive capacity is impaired by age, physical deformity, mental deficiency, or injury) working in employment programs where the employer holds a current subminimum wage certificate issued by the United States Department of Labor, or where such certificate could be issued but for the fact that the employer is paying a wage higher than the minimum wage.

§ 575-12 Duration of requirements.

[Amended 3-15-2005 by L.L. No. 9-2005]

Receipts of compensation in an amount greater than $50,000 in any twelve-month period shall require compliance with this chapter for the life of the project and for as long as such compensation is being received by a recipient.

Compensation in the form of a service contract or subcontract of at least $10,000, as defined in Subsection B of the definition of "compensation" in § 575-2 of this chapter, shall require compliance with this chapter for the term of the contract or subcontract.

§ 575-13 Exemptions.

[Amended 8-6-2002 by L.L. No. 18-2002; 12-18-2002 by L.L. No. 2-2003; 8-5-2003 by L.L. No. 24-2003[1]; 3-15-2005 by L.L. No. 9-2005]

Grounds for granting exemptions.

General exemption. Exemptions may be granted by the County Department of Labor where application of this chapter to a particular form of compensation is found by the County to violate a specific state or federal statutory, regulatory or constitutional provision or provisions.

Youth employment exemption. An exemption to this chapter may be granted where a recipient is an organization that regularly employs individuals under the age of 21 in a summer youth or school-to-work program. The exemption shall only apply to such employees.

Not-for-profit and for-profit corporations. An exemption to this chapter may be granted for a maximum period of one year after the enactment of this chapter to any not-for-profit organization which is exempt from federal income tax under Section 501(c) of the Internal Revenue Code of 1986 and to any for-profit corporation and which performs services for the County or its departments for the benefit of the people of Suffolk County, provided:

The Chief Executive Officer of such organization or corporation provides proof to the County of Suffolk that the highest paid employee of the organization or corporation earns a salary which, when calculated on an hourly basis, is less than six times the lowest wage or salary paid by the organization or corporation; or

An applicant for an exemption demonstrates that fulfilling the requirements of this chapter will present a hardship in that fulfilling the requirements of this chapter will directly increase the expected total annual budget of the applicant in an amount greater than 10% of the prior year's adopted budget.

An applicant for an exemption pursuant to Subsection A(3) of this section shall submit in writing to the Suffolk County Department of Labor an application for an exemption containing the following information:

The anticipated total annual budget of the applicant should the exemption be granted;

[2]

The annual cost of the application of this chapter to the applicant;

[3]

The percentage increase of the anticipated total annual budget of the applicant if the application for an exemption is denied; and

[4]

The number of employees that would be affected by the application of this chapter to the applicant.

The applicant agrees to submit all books and records to the Suffolk County Department of Labor, upon request, for examination and documentation of the basis for the request for such an exemption.

Seasonal employees. A corporation that employs seasonal employees may be granted a permanent exemption from this chapter with respect only to those seasonal employees. Proof that employees are seasonal employees as defined in this chapter, and therefore eligible for an exemption, must be provided to the County before an exemption can be granted.

(5)

An applicant for exemption for contracts awarded through competitive bidding or a request for proposal process shall request such exemption by completing a Request for Exemption — Living Wage form contained in each bid or request for proposal solicitation issued by the County of Suffolk.

Applicants who are requesting an exemption to this section may submit more than one proposal or bid; i.e., one based on an approved exemption and one based on a disapproved exemption.

The application requesting such exemption shall contain the following information:

The anticipated total annual budget of the applicant should the exemption be granted;

[2]

The annual cost of the application of this chapter to the applicant;

[3]

The percentage increase of the anticipated total annual budget of the applicant if the application for an exemption is denied; and

[4]

The number of employees that would be affected by the application of this chapter to the applicant.

Contents of exemption requests. All general exemption requests shall include the following:

The nature of compensation to which this chapter applies;

The specific or official name of the compensation and compensation program, the statutory or regulatory authority for the granting of the compensation, and a copy of that authority;

The conflicting statutory, regulatory or constitutional provision or provisions that make compliance with the chapter unlawful, and a copy of each such provision; and

A factual explication and legal analysis of how compliance with this chapter would violate the cited provision or provisions, and the legal consequences that would attach if this violation were to occur.

The exemptions in Subsection A(3)(a) and (b) of this section shall not apply to child-care providers.