[HISTORY: Adopted by the Town Board of the Town of Oyster
Bay 8-21-2001 by L.L. No. 4-2001. Amendments noted where applicable.]
This chapter is promulgated for the purpose of ensuring that
employees of the Town of Oyster Bay's contractors and subcontractors
for service contracts and subcontracts earn an hourly wage to meet
their basic needs, based upon the following findings:
A.
That the Town of Oyster Bay provides service contracts and subcontracts
to businesses that result in the creation or maintenance of a wide
variety of employment opportunities in the Town of Oyster Bay.
B.
That, while the Town of Oyster Bay has limited taxpayer resources
to expend, it has a responsibility to set a standard for wages that
permits employees and their dependents of the above referenced businesses
to meet their basic needs.
C.
That the use of taxpayer dollars to promote sustenance and the creation
of living wage jobs will increase consumer income, reinvigorate neighborhood
businesses and reduce the need for taxpayer-funded social programs.
D.
That the creation of the living wage standards will relieve the undue
burden placed upon the community and taxpayers who otherwise must
further subsidize employers paying subpoverty wages to the abovementioned
employees and their dependents.
As used in this chapter, the following terms shall have the
meanings indicated:
Any service contract or subcontract let to a contractor with
10 or more employees by the Town of Oyster Bay for the furnishing
of services to or for the Town of Oyster Bay (except contracts where
services are incidental to the delivery of products, equipment or
commodities) which involves an expenditure equal to or greater than
$50,000. A contract for the purchase or lease of goods, products,
equipment, supplies or other property is not an "assistance" for the
purposes of this definition.
An applicant for assistance that has not been granted an
exemption from this chapter.
A person employed on a full-time basis by a covered employer
to perform work on or for the project or matter for which the covered
employer has received assistance; 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.
Defined in the language set forth in § 149-3 of this chapter.
The Department of the Town of Oyster Bay in which any contract
or subcontract is entered into to provide services for the Town of
Oyster Bay.
A.
Applicability. Covered Employers shall pay no less than a Living
Wage to their Covered Employees, who perform at least 40 hours of
work per week, 50 weeks a year, 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 non-construction 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. The Living
Wage may, by duly enacted resolution of the Town of Oyster Bay, be
upwardly adjusted each year no later than April 1 in proportion to
the increase immediately preceding December 31 over the year earlier
level of the area Consumer Price Index as published by the U.S. Department
of Commerce, Bureau of Economic Analysis, applied to $10.25. The contractor
shall provide written notification of the rate adjustments to each
of its 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 July 1.
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 Subsection B for employees with health benefits.
D.
Certification of employers paying less than living wage barred. Prior
to entering into any agreement with the Town of Oyster Bay for any
form of Assistance, a Covered Employer must certify for the town department
that it will pay each of its covered employees no less than the Living
Wage.
E.
Living wage reporting. Each Covered Employer shall maintain payrolls
for all Covered Employees and basic records relating thereto. The
records shall contain: the zip code of each employee's place
of residence, the number of hours worked each day, the gross wages,
deduction made, actual wages paid and any other data as may be required.
Upon request by the Town Board, a Covered Employer shall produce for
inspection and copying its payroll records for any or all of its Covered
Employees.
A.
The town department shall promulgate rules and regulations necessary
and appropriate for the implementation of this chapter.
A.
Covered Employers who fail to submit documents, declaration 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 town department shall develop an administrative procedure and
appeal process for determining compliance with this chapter.
All RFP's, town contracts and financial assistance agreements
subject to this chapter shall contain the following two paragraphs
or substantially equivalent language:
A.
"This contract is subject to the Living Wage Law of the Town of Oyster
Bay. The Law requires that, unless specific exemptions apply, or a
waiver is granted, all employers (as defined) under service contracts
(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 Town of Oyster Bay Living Wage
Law, of the Town of Oyster Bay."
B.
"Under the provisions of the Living Wage Law, the Town 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."
A.
All Covered Employers subject to the provisions of this chapter shall
submit a completed sworn (under penalty of perjury) Declaration of
Compliance form, signed by an authorized representative, along with
each proposal.
B.
Covered Employers shall require their subcontractors and tenants/leaseholders
to comply with the provisions of this chapter. Language indicating
the subcontractor's or tenants/leaseholders agreement to comply
shall be included in any contract or agreement between a covered employer
and their contractors, subcontractors, tenants or leaseholders.
C.
Covered Employers shall maintain a listing of the name, address,
date of hire, occupation classification, rate of pay and benefits
paid for each of its employees, if any, and submit a copy of the list
to the town. Covered Employers shall maintain payrolls for all employees
and basic records relating thereto, and shall preserve them for a
period of three years after termination of their contracts.
D.
Covered Employers shall give written notification to each current
and new employee, at time of hire, of his or her rights to receive
the benefits under the provisions of this chapter.
The provisions of this chapter shall augment the town's
normal and customary procedure for administering its contracts. The
town shall administer the requirements of this chapter as follows:
A.
The Town Department shall develop rules and regulations necessary
and appropriate to review contract documents to ensure that relevant
language and information are included in town RFP's, agreements
and other pertinent documents.
B.
The Town Department shall develop rules and regulations necessary
and appropriate for the monitoring of the operations of the contractors
and subcontractors, 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 town shall attempt to resolve the problem within 30 days.
C.
Where a violation of any provision of this chapter has been determined,
the contractor or subcontractor shall be given a written notice by
the town per the rules and regulations promulgated by the respective
town department. If the violation continues and/or no resolution is
imminent, the town shall pursue all available legal remedies, including,
but not limited to, any or all of the following penalties and relief:
This chapter shall apply to all actions occurring on or after
the effective date of this chapter and shall apply to:
A.
Grounds for granting exemptions:
(1)
General exemption. Exemptions may be granted by the town where application
of this chapter to a particular form of assistance is found by the
town to violate 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 beneficiary is an organization who regularly employs individuals
under the age of 21 in a summer youth or school-to-work program. The
exemption shall only apply to these employees.
B.
Contents of exemption requests. All general exemption requests shall
include the following:
(1)
The nature of Assistance to which this chapter applies;
(2)
The specific or official name of the Assistance and Assistance program,
the statutory or regulatory authority for the granting of the Assistance
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 explanation 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.
