[HISTORY: Adopted by the Suffolk County Legislature 7-27-2001 by L.L. No.
12-2001[1] (Ch. 347 of the 1985 Code). Amendments noted where applicable.
Uncodified sections of local laws amending these provisions are included
at the end of this chapter.]
GENERAL REFERENCES
Day-care facilities for County employees — See Ch. 38.
Business practices — See Ch. 353.
Union organizing — See Ch. 803.
Requests for proposals — See Ch. 1087.
Prevailing wage — See Ch. 1173.
[1]
Editor's Note: This local law was adopted by the Legislature
after disapproval by the County Executive on 6-28-2001.
A.
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.
B.
This Legislature further finds and determines that Suffolk County
has a limited amount of taxpayer resources to expend, which must be
spent wisely.
C.
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.
D.
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.
E.
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.
F.
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.
G.
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.
As used in this chapter, the following terms shall have the
meanings indicated:
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]
[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.
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.
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]
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]
Shall have the meaning stated in § 575-3 of this chapter.
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.
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.
An employee hired temporarily for a period not to exceed
90 consecutive days at any given time within a six-month period.
[1]
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]
A.
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.
B.
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]
C.
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.
D.
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.
E.
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.
F.
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.
G.
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]
(1)
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.
(2)
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:
(a)
The name, address, and phone number of both the prospective
recipient and, if different, the specific project for which the compensation
is sought;
(b)
The amount and origin of compensation sought (e.g., state or
County compensation program or contracting department);
(c)
A brief description of the project or service for which the
compensation is sought;
(d)
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.
(3)
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:
(a)
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;
(b)
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;
(c)
A description of the purpose or project for which the compensation
is awarded;
(d)
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.
H.
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.
I.
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.
[1]
Editor's Note: This local law was vetoed 7-24-2003 by
the County Executive and was subsequently overridden by the County
Legislature.
[Amended 8-6-2002 by L.L. No. 18-2002; 3-15-2005 by L.L. No.
9-2005]
A.
The County Department of Labor shall promulgate rules and regulations
necessary and appropriate for the implementation of this chapter.
B.
The County Department of Labor shall submit annual reports to the
County Legislature, which shall include the following information
at a minimum:
(1)
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.
C.
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.
D.
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]
A.
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.
B.
The County Department of Labor shall develop an administrative procedure
and appeal process for determining compliance with this chapter, subject
to the following conditions:
(1)
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.
(2)
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.
(3)
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.
C.
Living Wage Advisory Committee.
(1)
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]
(2)
The Committee shall be comprised of nine members as follows:
[Amended 3-22-2011 by L.L. No. 20-2011]
(a)
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.
(b)
Two labor union members to be selected by labor union affiliates
of the Long Island Federation of Labor, AFL-CIO.
(c)
Three members to be appointed by the County Executive, including
two representatives of covered employers, and one member from the
community at large.
(d)
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.
(3)
Members of this Committee shall serve a three-year term.
(4)
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."
[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]
A.
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.
B.
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.
C.
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:
(1)
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.
(2)
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.
D.
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.
E.
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.
[1]
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.
A.
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]
(1)
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.
(2)
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.
(3)
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:
(a)
Suspension and/or termination of the contract, subcontract,
or financial compensation agreement, for cause.
(b)
Payback of any or all of the contract or financial compensation
awarded by the County of Suffolk.
(c)
Deem the covered employer ineligible for future County contracts
and/or financial compensation until all penalties and restitution
have been paid in full.
(d)
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.
B.
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:
A.
The covered employee shall submit to the County a completed complaint
form and copies of all documents supporting the allegation.
B.
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.
C.
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.
[Amended 8-6-2002 by L.L. No. 18-2002; 3-15-2005 by L.L. No.
9-2005]
A.
This chapter shall apply to all actions occurring on or after July
1, 2002, and shall apply to:
(1)
A contract or subcontract entered into or renewed and after the applicability
date of this chapter;
(2)
Financial compensation awarded after the applicability date of this
chapter;
(3)
A contract amendment consummated after the applicability date of
this chapter which itself meets the financial threshold requirement
of this chapter, and
(4)
Supplemental financial compensation provided for after the applicability
date of this chapter which itself meets the requirements of this chapter.
B.
This chapter shall not apply to:
(1)
Employees working in a bona fide executive, administrative or professional
capacity; and
(2)
Employees earning annually at least $23,660; or
(3)
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.
[Amended 3-15-2005 by L.L. No. 9-2005]
A.
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.
[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]
A.
Grounds for granting exemptions.
(1)
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.
(2)
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.
(3)
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:
(a)
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
(b)
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.
(c)
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:
[1]
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.
(d)
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.
(4)
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.
(a)
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.
(b)
The application requesting such exemption shall contain the
following information:
[1]
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.
B.
Contents of exemption requests. All general exemption requests shall
include the following:
(1)
The nature of compensation to which this chapter applies;
(2)
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;
(3)
The conflicting statutory, regulatory or constitutional provision
or provisions that make compliance with the chapter unlawful, and
a copy of each such provision; and
(4)
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.
[1]
Editor's Note: This local law was adopted by the Legislature
after disapproval by the County Executive on 7-24-2003.
The County Department of Labor is hereby authorized and empowered
to issue and promulgate such rules and regulations as shall be necessary
and appropriate to implement this chapter.
[Added 12-18-2002 by L.L. No. 2-2003; amended 3-15-2005 by L.L. No.
9-2005]
Not-for-profit corporations and all child-care providers shall
be eligible for upfront financial assistance from the Suffolk County
Living Wage Contingency Fund, or any successor fund thereto, in order
to meet increased payroll expenses upon filing a pertinent request
with the Suffolk County Department of Labor in such form as shall
be prescribed by said Department of Labor. The Suffolk County Department
of Labor shall require periodic documentation to verify the proper
use of these moneys and shall conduct an annual audit until such time
as the contingency fund, or any successor fund thereto, has been fully
exhausted and the County is no longer providing financial assistance
to implement this chapter.
