New York State Assembly

1997 Annual Report

Committee on Labor

Sheldon Silver, Speaker
Catherine Nolan, Chairwoman

Dear Speaker Silver,

It is with great pleasure that I submit the 1997 Annual Report, compiled for the New York State Assembly's Standing Committee on Labor. This past session has been an important one, and I am proud to note our accomplishments.

The Labor Committee's charge is extensive, and includes all legislative proposals with potential impact on the Labor Law, Workers' Compensation Law, the Volunteer Firefighters' Benefit Law or the Volunteer Ambulance Workers' Benefit Law. The breadth of the legislation we have considered impacts the working lives of New Yorkers and their families in a very real and compelling way. It is my sincere belief that every member of our Committee undertook his or her Committee obligations with a decided dedication to those we serve. It is the responsibility of the Labor Committee to reflect upon and weigh the impact of changes to these and other laws, and to act in the interest of New Yorkers.

The Committee has reviewed legislation on the collection of unpaid wages; raising the State's minimum wage; enhancing enforcement of the prevailing wage law; indexing of workers' compensation benefits; evaluating proposed reforms of the welfare system; the protection of the rights of striking employees; the equity of unemployment insurance and disability benefits; collective bargaining for those now unrepresented and unorganized; the implementation of various safety precautions and requirements in the area of occupational health and safety; and generally the need to ensure that workers in this state are fairly treated.

The Committee is mindful of the impact on our workforce by the twin revolutions prevailing in contemporary commerce, namely, the globalization of American industry and the radical infusion of technology at the worksite. Legislation which enables, facilities, and empowers our workers to readily meet and exceed the anticipated demands of employers such as job training, transition services, and dislocation assistance will be of great interest to the Committee. It will be a priority for us to find imaginative solutions in partnership with organized labor and the business community to meet the challenges confronting our workforce during the twenty-first century.

I know that the coming legislative session will be a demanding one. Certainly, our imperative continues to be advancing legislation which will benefit working men and women.

This report and the accomplishments of the Committee must be seen as a collective product. Reflecting on this session, I would like to express my thanks to my colleagues and committee staff for their dedication in ensuring the success of the 1997 session. All members of this Committee exhibited a steadfast commitment to reviewing legislation, attending the many Committee meetings and participating in a reasoned discourse on the issues before us. I thank the minority members of the Committee for their assistance and add a special acknowledgment to the ranking minority member, David R.Townsend, Jr., for his cooperation.

I wish to express my sincere thanks, Speaker Silver, for your leadership. Your informed and unwavering support for initiatives which benefit working men and women has greatly improved the lives of New Yorkers throughout this State. I look forward to our continued collaboration on labor issues during the upcoming legislative session.

Sincerely,

Catherine Nolan

Catherine Nolan was first elected to the New York State Assembly in 1984, and represents the 37th Assembly District in Queens County. Her district encompasses the New York City neighborhoods of Sunnyside, Ridgewood, Astoria, Woodside, Long Island City, Maspeth, Queensbridge, Ravenswood, Dutch Kills, and Blissville.

Assemblywoman Nolan was appointed to serve as Chair of the Assembly's Standing Committee on Labor in January of 1994.

As Chair of the Labor Committee Ms. Nolan has pushed for enhanced safety for workers and improved oversight and regulation of labor laws.

The jurisdiction of the Labor Committee encompasses four significant areas of the Consolidated Laws: the Labor Law, the Workers' Compensation Law, the Volunteer Firefighters' Benefit Law, and the Volunteer Ambulance Workers' Benefit law.

Included within these parameters are issues of Unemployment Insurance Law; workers' compensation and disability benefits; hours of work and minimum wages; labor-management relations; prevailing wage on public work projects; working conditions for farm workers; employment restrictions of minors; apprenticeship training; the payment of wages; industrial conflicts; discrimination in employment; industrial home work; and occupational safety and health.

The Assembly's Labor Committee considered two-hundred eighty bills in 1997, of which one-hundred six were reported in eleven committee meetings. Thirty-five labor bills passed the Assembly. Eight bills passed both houses. Seven of these bills became law. One labor bill was vetoed by the executive in 1997.

2. A.4280 (Tonko)/S.2585 (Farley): This bill exempts minors who serve as caddies at bridge tournaments from various employment restrictions contained in the labor law. The bill passed both houses and was signed into law as Chapter 123 of the laws of 1997.

3. A.906 (Tocci): This bill would establish rights for employees regarding the maintenance of their employee personnel records. It requires that all employers notify each employee of the existence of personnel records and of the employees' rights with respect to review, copy, and correction of such personnel records. The bill passed the Assembly.

4. A.2122-A (Nolan)/S.1384-A (Spano): This bill prohibits retaliatory personnel actions by employers against employees who provide information to the press concerning alleged violations of the law, rule or regulation, occurring at a hospital, clinic or other health care facility, which creates and presents a substantial and specific danger to the health or safety of a patient at such facility or to the public. It also prohibits restrictions by health care facilities on health care providers regarding disclosure by health care providers of information which may negatively impact upon the quality of or access to patient care. The bill passed the Assembly and was delivered to the Senate.

5. A.2517 (Nolan): This bill would create the "Parent/Child School Visitation Act" to grant employees school conference and activity leave when such activities cannot be rescheduled at times other than during an employee's hours of work. The bill passed the Assembly.

6. A.3001 (Butler)/S.1956 (Farley): This bill would change the Unemployment Insurance Law to authorize payment of Unemployment Insurance benefits to a claimant who has had his or her employment terminated but who is receiving compensation from his or her employer for accrued vacation or holiday time. The bill passed the Assembly.

7. A.3128 (Nolan)/S.1975 (Connor): Improved Worker Rights - This bill would enact the "New York State Mass-layoff/Plant Closing Act". It requires notification from employers to employees of a mass-layoff or plant closing of at least 60 days prior to such mass-layoff or plant closing. It includes definition of mass-layoff and plant closing. This bill only applies to businesses of 50 or more employees. The bill passed the Assembly.

8. A.3471 (Wright): This bill would provide civil penalties for violations of article 5 of the Labor Law concerning hours of work in a particular meal period and day of rest provisions. The bill passed the Assembly.

9. A.7892 Rules (Nolan): This bill increases the minimum wage from $4.25 per hour to $5.15 per hour on and after September 1, 1997. It makes corresponding increases for minimum wage standards for farm workers. The bill passed the Assembly.

10. A.7702 Rules (Nolan)/S.4807 (Spano): This bill increases the maximum unemployment benefit to $350 until October 1, 1998 and to one-half of the claimant's average weekly wage of covered employment in the previous calendar year on and after October 1, 1998. The bill was ordered to the third rules reading calendar 12.

1. A.76 (Feldman)/S.1689 (Farley): This bill prohibits disclosure of workers' compensation records by a recipient or user without the express written permission of the data subject. It makes special provisions for the extension of benefits for disabled workers. This bill passed the Assembly.

2. A.366 (Parment): This bill adds a new §126 to the Workers' Compensation Law to allow members of religious sects that are opposed to accepting public or private benefits to file an application with the Department of Labor to be exempt from workers' compensation benefits. The bill was referred to the Codes Committee.

3. A.376 (Tocci): This bill prohibits employers on public works projects from paying cash in lieu of required supplementary benefits to workers. This bill passed the Assembly.

4. A.391 (Brodsky)/S.2715 (Lavalle): This bill includes Lyme disease (Lyme Borrcliosis) as a compensable disease for purposes of Workers' Compensation when contracted in an event arising from and in the course of employment. The bill was starred on the third reading rules calendar 411.

5. A.392 (Brodsky): This bill directs the New York State research and development authority and the operator of each nuclear facility to establish a nuclear whistle blower access and assistance program. It makes related provisions as to elements of the program. The bill was order to the third reading calendar 688.

6. A.393 (Brodsky): This bill provides for written notification of workers employed on public work projects of the right to receive prevailing wages and other notice and posting requirements. The bill passed the Assembly.

7. A.717 (Colman): The bill increases the penalties which may be imposed for the failure to pay benefits or wage supplements. This legislation would raise the criminal fine for non-payments of wages from not less than $100 to not less than $1000. The statutory ceiling on the fine is raised from $10,000 to any higher amount not exceeding double the amount of the employer's gain from the commission of the offense. Thus, an employer who does not pay the wages of his employees, thereby gaining that amount, may be fined twice the sum of unpaid wages. The bill was referred to the Codes Committee.

8. A.906 (Tocci): This bill would establish rights for employees regarding the maintenance of their employee personnel records. It requires that all employers notify each employee of the existence of personnel records and of the employees' rights with respect to review, copy, and correction of such personnel records. The bill passed the Assembly.

9. A.925 (Sanders): This bill restores authority to the Commissioner of Labor to overlook, rather than recover overpayments made to unemployment compensation benefit recipients provided that they were accepted by the claimant in good faith and no false statements or misrepresentations were made in connection with the claim for benefits. The bill passed the Assembly.

10. A.959 (Lafayette): This bill would authorize the Superintendent of Insurance to set rates based upon actual use and cost to the New York State Insurance Fund rather than private insurance rates in determining the worker's compensation rates. Reported to Ways and Means.

11. A.1265 (Stringer): This bill provides that public and private employers shall grant a leave of absence to any pregnant employee or spouse during the seventh month of pregnancy and ending one year after childbirth. It also provides for reinstatement to their position without diminution in salary and for accrual of seniority during leave. It allows such rights to every parent adopting a child one year old or younger with leave for a period of one year following such adoption. The bill was order to the third reading calendar 20.

12. A.1278-A (Lopez): This bill establishes the senior citizen employment program for the purpose of providing marginally poor senior citizens with part-time employment in public agencies, not-for-profit corporations and private business firms. It appropriates $2.5 million for the program. This bill was referred to the Ways and Means.

13. A.1282 (Luster)/S.954 (Seward): The bill provides for the pro-rating of experience rating charges for unemployment recipients who work for more than one employer during any single week. It establishes a more accurate reflection of an employer's liability regarding the experience rating for a former employee who worked for a number of employers. Under the present system it is possible for an employer to be charged a total amount for unemployment insurance benefits which actually exceeds his payments to the employee. This bill passed the Assembly.

14. A.1417 (Luster): This bill extends application of the New York State labor relations unfair labor practice protections to grant recipients as well as employers. This bill was referred to the Assembly Rules Committee.

15. A.1420 (Destito): This bill makes provisions relating to payment of unemployment insurance compensation by employers of household employees to permit such contributions to be made and report with the filing of the personal income tax return. This bill passed the Assembly.

16. A.1465 (Boyland)/S.792 (Sampson): This bill would enhance civil penalties for willful or repeat employer violations of the Public Employee Safety and Health Act up to $300 a day. It defines "willful" as the employer having been aware of the applicable requirement or regulation and the condition or practice in violation or was aware that it was hazardous to employees. It also defines "repeat" violation as being one where an employer had previously been issued an order to comply for a substantially similar violation at the same site. The bill passed the Assembly.

17. A.1516-A (Lopez): This bill would establish an on-the-job training program for 10,000 eligible high school students between the ages of 14 and 19 in community settings such as non-profit agencies, youth centers, social service agencies and senior citizen centers. It will enable young people from low income families to earn additional income and make valuable contributions to the community. The program appropriates $14 million. The bill was referred to the Ways and Means Committee.

18. A.2116 (Canestrari)/S.1380 (Spano): This bill would provide for eligibility for unemployment insurance benefits for certain individuals otherwise ineligible due to certain illnesses. It provides unemployment benefits to persons who had at least 60 weeks of employment in the last three years preceding the base period, but did not work due to illness 15 weeks in the past 52 weeks. This bill was referred to the Ways and Means Committee.

19. A.2117 (Canestrari)/S.1381 (Spano): This bill excludes employer's experience rating charges for unemployment insurance purposes voluntary separation from employment due to unemployment insurance claimants following spouses to other localities. This bill was referred to the Ways and Means Committee.

20. A.2122-A (Nolan)/S. 1384-A (Spano): This bill prohibits retaliatory personnel actions by employers against employees who provide information to the press concerning alleged violations of the law, rule or regulation, occurring at a hospital, clinic or other health care facility, which creates and presents a substantial and specific danger to the health or safety of a patient at such facility or to the public. It also prohibits restrictions by health care facilities on health care providers regarding disclosure by health care providers of information which may negatively impact upon the quality of or access to patient care. The bill passed the Assembly.

21. A.2176 (Schimminger)/S.1417 (Wright): This bill creates an appeals process of premiums and premium increases for workers' compensation insurance. The bill was referred to the Rules Committee.

22. A.2195 (Crowley): This bill authorizes the workers' compensation chair to designate certain members of the self-insurance advisory committee and to schedule its meetings. The bill passed the Assembly.

23. A.2289 (Nolan)/S.1514 (Onorato): This bill would require that employers keep accurate records of the use of toxic substances by employees, noting which substance was handled by which employee. It requires notification to workers regarding their rights concerning their safety and health. The bill passed the Assembly.

24. A.2359 (Griffith): This bill would provide a legal remedy for compensatory and punitive damages for employees injured or killed as a result of a violation of federal or state safety standards. The bill was referred to the Codes Committee.

25. A.2400 (Davis): This bill requires the commissioner of labor to establish an advocacy of training, education and career planing for pregnant teenagers pilot program to provide services including career exploration and referral to supportive services. It appropriates $100,000 for the program. This bill was referred to the Ways and Means Committee.

26. A.2516 (Nolan): This bill includes state and local agency and public authority work contracts within prevailing wage requirements. It expands upon arrangements and contracts subject to the public work hours, wages and supplements requirements. It would expand the definition of "public works" to include all construction, demolition, reconstruction, excavation, rehabilitation, repairs, renovation or alteration of a building or improvement to property performed pursuant to a contract or other agreement entered into by the state or other public entity involving the employment of laborers. The bill was referred to the Ways and Means Committee.

27. A.2517 (Nolan): This bill would create the "Parent/Child School Visitation Act" to grant employees school conference and activity leave when such activities cannot be rescheduled at times other than during an employee's hours of work. The bill passed the Assembly.

28. A.2518 (Nolan): This bill provides that the Commissioner of Labor shall ensure that all supplements shall be paid to or on behalf of an employee. It provides that the Commissioner shall require proof that the pension plan for which any supplement has been paid is qualified as a bonafide plan by the United States Internal Revenue Service. The bill passed the Assembly.

29. A.2519-A (Nolan): This bill would expand the definition of occupational disease under the Workers Compensation Law to include diseases incurred as a result of the conditions of employment. This bill was referred to the Assembly Rules Committee.

30. A.2520 (Nolan): This bill requires contractors of contracts which succeed contracts for public building services to give present employees a right of first refusal for jobs for which employees are otherwise qualified. The bill was referred to the Assembly Rules Committee.

31. A.2532 (Robach)/S.3777 (Lack): This bill provides that employers who are eligible for a tax credit shall not solicit employment of apprentices who are previously under the terms of an apprenticeship agreement with another employer who participates in a qualified apprenticeship program certified by the Commissioner of Labor. This bill was referred to the Ways and Means Committee.

32. A.2665 (Nolan): This bill provides for the protection of employees from violence in the workplace through the use of temporary restraining orders and permanent injunctions to enjoin credible threats of violence. It also defines terms of violence in the workplace. The bill was referred to the Codes Committee.

33. A.2666 (Nolan): This bill requires employers to develop and implement programs to prevent workplace violence. It provides methods of enforcement for non-compliance with such requirement. This bill was referred to the Ways and Means Committee.

34. A.2719 (Butler)/S.1835 (Onorato): The bill mandates contents of signs to be posted in each workplace where toxic materials are found and directs the Department of Health to develop posters and information sheets for this purpose. It also provides for civil penalties for violations. The bill was ordered to the third reading calendar 98.

35. A.2808 (Butler)/S.4936 (Maltese): This bill would provide for temporary restraining orders to be issued to enjoin violations of the industrial homework prohibition without a showing of irreparable injury or special damages. The bill passed the Assembly.

36. A.2851 (Tonko): This bill provides for the regulation and licensing of professional employer organizations who employ all or part of a client company's workforce and where employer responsibilities are allocated between or shared by the organization and the client company. The bill was referred to the Codes Committee.

37. A.2964 (Butler): This bill would direct all public and private employers of 600 or more employees to hold annual pre-retirement seminars for employees who are within 3 years of eligibility for retirement, and further directs the Office of the Aging to make suggestions as to the content of the seminars. The bill was ordered to the third rules reading calendar 27.

38. A.2975 (Nolan)/S.110 (DeFrancisco): This bill provides that the accumulation of a claimant's benefit rights shall be suspended because of a strike or industrial controversy only in the event that such claimant participates in such strike or industrial controversy. It is also know as the "Innocent Bystander" legislation. The bill was referred to the Assembly Rules Committee.

39. A.2989 (Nolan)/S.2172 (Spano): This bill makes provisions with respect to the classification of independent contractors. It ensures that employees are fairly categorized and do not suffer the loss of rights or benefits through improper or misleading classification of their employment status. The bill was referred to the Assembly Rules Committee.

40. A.3001 (Butler)/S.1956 (Farley): This bill would change the Unemployment Insurance Law to authorize payment of Unemployment Insurance benefits to claimants who are receiving compensation from his or her employer for accrued vacation or holiday time after termination of employment. The bill passed the Assembly.

41. A.3027 (Butler)/S.4197 (Spano): This bill would prohibit employers who avoid payment of employee benefits by relocating outside state from bidding on public contracts for a period of two years after due payments are made. It directs the Commissioner of Labor to promulgate regulations. The bill passed the Assembly.

42. A.3128 (Nolan)/S.1975 (Connor): This bill would enact the "New York State Mass-layoff/Plant Closing Act". It requires notification from employers to employees of a mass-layoff or plant closing of at least 60 days prior to such mass-layoff or plant closing. It includes definition of mass-layoff and plant closing. This bill only applies to businesses of 50 or more employees to provide prior notice if 150 or more employees are laid off. The bill passed the Assembly.

43. A.3336 (Ortiz)/S.2063 (Spano): This bill provides penalties against individuals who provide for the transportation of goods for or to unregistered apparel manufacturers and contractors and authorizes the Commissioner of Labor to enjoin unlawful garment operations. It provides that the penalties will apply to manufacturers or contractors who knew or should have known that the manufacturer or contractor they are doing business with is unregistered. The bill passed the Assembly.

44. A.3337 (Tokasz)/S.1673 (Stachowski): This bill defines the lowest responsible bidder for the purposes of the prevailing wage law to include only those who have not been found guilty of an unfair labor practice within a three year period preceding the award of a public works project. The bill referred to the Ways and Means Committee.

45. A.3471 (Wright): This bill would provide civil penalties for violations of article 5 of the Labor Law concerning hours of work in a particular meal period and day of rest provisions. The bill passed the Assembly.

46. A.3528 (McEneny)/S.1821 (Farley): This bill would amend the Labor Law as it applies to extending unemployment insurance to certain non-tenured policy making or advisory position holders having been continuously employed in government service for ten or more years. The bill was referred to the Ways and Means Committee.

47. A.3800 (Hill): This bill would permit the Workers' Compensation Board Chair and Board members to teach in institutions of higher education provided there was no conflict with their duties as board members. The bill passed the Assembly.

48. A.3847 (Nolan)/S.1793 (Spano): This bill permits voluntary withholdings of federal income taxes from unemployment insurance benefits to comply with the requirements of federal law. The bill passed both houses and was signed into law as Chapter 29 of the laws of 1997.

49. A.3875 (Dinowitz): This bill establishes the drug-free workplace incentive act and provides discounts in workers' compensation insurance premiums for employers implementing such programs. The bill was referred to the Codes Committee.

50. A.3990 (Perry): This bill prohibits employers of replacement workers from eligibility to engage in contracts for or on behalf of the state or a municipality for the construction, alteration or repair or any public building or public work or the manufacture, sale or distribution of materials, equipment or supplies. The bill was ordered to the third rules reading calendar 59.

51. A.4015 (Nolan): This bill provides the imposition of civil liability on persons engaged in the business of garment manufacturing for certain violations of employment practices committed by contractors under contract with such persons. The bill was starred on the third rules reading calendar 600.

52. A.4016 (Nolan): This bill prohibits retaliatory personnel actions against employees for disclosures by employees of employer violations of law, rules or regulations which the employee reasonably believes to be true and reasonably believes to be a violation of such law, rule or regulation. The bill passed the Assembly.

53. A.4017 (Nolan)/S.2289 (Spano): This bill provides that for those employers in the restaurant industry subject to wage orders, the tip allowance established pursuant to state law shall be no less than 80 percent of the tip allowance established pursuant to federal law. The bill was starred on third rules reading calendar 60.

54. A.4018-C (Nolan)/S.5017-C (Marcellino): This bill enacts the "Unpaid Wages Prohibition Act". It provides the Department of Labor and working people with stronger and more varied tools with which to collect unpaid wages. It seeks to ensure that the most vulnerable workers have access to the department's enforcement mechanism with respect to unpaid wages. The bill passed both houses and was signed into law as Chapter 605 of the laws of 1997.

55. A.4280 (Tonko)/S.2585 (Farley): This bill exempts minors who serve as caddies at bridge tournaments from various employment restrictions contained in the labor law. The bill was passed by both houses and signed into law as Chapter 123 of the laws of 1997.

56. A.4333 (Nolan)/S.2675 (Mendez): This bill provides that increases in the minimum wage shall take effect with and apply the same as increases for other types of workers. The bill was referred to the Ways and Means Committee.

57. A.4435-A (Nolan)/S.3483-A (Spano): This bill provides that a manufacturer or contractor who contracts with another for the performance of any apparel industry service shall be responsible for any failure by such other manufacturer or contractor to comply with wage or minimum wage provisions of the Labor Law in the performance of such service. The bill passed the Assembly.

58. A.4437 (Nolan): The bill requires the posting of a surety bond from certain apparel industry employers who have previously in the last five year period been found in violation of provisions of the Labor law which pertain to payment of wages and the minimum wage, or if an apparel industry employer has failed to comply with a commissioner's order within the last five years. The bill was referred to the Codes Committee.

59. A.4438 (Nolan): This bill provides for criminal penalties for the failure to maintain payroll records or failing to establish payroll records as required by law. The bill was referred to the Codes Committee.

60. A.4572 (Koon)/S.4237 (Alesi): The bill directs the workers' compensation Board to redetermine disability benefits award to Peter Nescaster of Rochester, N.Y. under the volunteer firefghters' benefit law as if the injuries had occurred after July 1, 1992. The bill passed both houses and was signed into law as Chapter 563 of the laws of 1997.

61. A.4666 (Aubry)/S.2801 (Waldon): This bill permits the Workers' Compensation Board to summarily suspend a license or authorization to provide representation before the board, pending proceedings for revocation of the license or authorization, if the licensee has been convicted of a felony or if the board finds that public health, safety or welfare requires emergency action. The bill was referred to the Codes Committee.

62. A.4698 (Clark): This bill authorizes the Commissioner of Labor to order the special task force to confiscate any partially or completely assembled articles of apparel and any equipment used in the assembly of apparel from any manufacturer or contractor upon multiple violations of the Labor Law. The bill was referred to the Codes Committee.

63. A.4699-A (Clark): This bill provides for payments of unemployment insurance benefits to persons who voluntary separate from their employment as a consequence of harassment based upon the claimant's age, race, creed, color, national origin, sex or disability. The bill was ordered to the third reading calendar 4699.

64. A.4797-A (Nolan)/S.3003-A (Spano): This bill provides that funds accumulated in the public work enforcement fund shall be dedicated to labor law enforcement. The bill passed both house and was signed into law as Chapter 513 of the laws of 1997.

65. A.4798 (Nolan)/S.2821 (Spano): This bill authorizes the Department of Labor and the New York City Comptroller's Office to recover prevailing wage under payments from successors, subsidiaries, principals and other entities related to public works building service contractors who have violated the prevailing wage law. It debars such entities from bidding under certain circumstances. The bill passed the Assembly.

66. A.4821 (Koon)/S.2840 (Nozzolio): This bill authorizes and directs the Workers' Compensation Board to redetermine the award of volunteer firefighter disability benefits to Tom Smurthwaite of Webster, New York who was injured in the line of duty. This bill passed the Assembly.

67. A.4913 (Morelle)/S.5090 (Maziarz): This bill permits workers' compensation claimants to be reimbursed by their health insurer for medical and or hospital expenses that are covered under their individual insurance policy. In the event that the claimant is awarded payments for such injury or accident under their employer's workers' compensation benefit, their employer's insurance carrier shall issue payments, with interest, to the claimant's health insurance carrier for medical or hospital services received. The bill was referred to the Ways and Means Committee.

68. A.6027 (Nolan): This bill entitles a permanently injured employee or the beneficiary-dependent of a deceased employee to a cost of living adjustment allowance, payable annually. The increase shall not exceed the sum of $15 per week in any year under the Workers' Compensation Law. The bill was referred to the Ways and Means Committee.

69. A.6029 (Nolan): This bill requires workers' compensation claimant seeking specialist consultations, surgery, therapy or certain X-rays to request authorization from his or her employer or the workers' compensation board. It requires a timely response by the board. The bill requires that controverted claims shall be determined by an arbitration committee. Finally, it creates a special medical care payment fund to reimburse prevailing employers who controvert an employee's claim. The bill was referred to the Codes Committee.

70. A.6031 (Nolan): This bill defines soliciting of employees to replace employees or to fill positions which arose as the result of a labor dispute, without disclosing that a labor dispute exists, as "misleading in a material respect" for the purposes of false advertising provisions. The bill passed the Assembly.

71. A.6042 (Weinstein)/S.3261 (Montgomery): This bill provides for low interest loans for displaced homemakers. It directs that such loans are not to exceed $2,660 per applicant,bear interest at not more than two percent per year and for a term of not more than forty-eight months following the employment of the applicant. The loan program appropriates $270,000. The bill was referred to the Ways and Means Committee.

72. A.6043 (Weinstein)/S.3262 (Montgomery): This bill provides that certain monies received by the comptroller be deposited into a special revenue fund to be known as the displaced homemakers fund. It provides further that such monies be made available generally for cost and expenses of the Commissioner of Labor in administering the provisions of the displaced homemakers act. The bill was referred to the Assembly Rules Committee.

73. A.6099 (Green): This bill clarifies certain criminal liability to which an employer may be subject pursuant to the prevailing wage law and to require that when a contractor or subcontractor has been disbarred, any officer or major shareholder of such bidder knowingly participated in the activity which resulted in the debarment shall also be debarred. The bill was referred to the Codes Committee.

74. A.6124 (Nolan): This bill provides for additional penalties for failure to pay prevailing wages or supplements. It encourages private actions for recovery of wrongfully withheld wages or supplements by persons employed on a public work contract. The bill was referred to the Codes Committee.

75. A.6125 (Nolan)/S.2116 (Mendez): This bill would remove the exemption of farm laborers from employees who have the right to organize and collectively bargain. The bill passed the Assembly and was referred to the Senate Rules Committee.

75. A.6126-A (Nolan): This bill includes in claims for legal services, claims of licensed representatives and doctors for services in controverted workers' compensation cases. It requires the chair of the board to submit a report to the Governor and the legislature no later than December 31, 1998 analyzing the board's experience with such program. The bill passed the Assembly.

76. A.6127 (Nolan): This bill requires the reinstatement of occupationally disabled employee to his or her former position or a comparable position, unless such employee is permanently incapacitated. The bill was referred to the Codes Committee.

77. A.6153 (Weinstein): This bill provides special services to older women in the displaced homemakers program. It appropriates $125,000. The bill was referred to the Ways and Means Committee.

78. A.6176 (Nolan): This bill entitles public and private employees to use their sick leave to care for ill or injured children and parents after such employees have used up all their personal leave. It does not apply to employees subject to contrary agreements or collective bargaining agreements in effect prior to the effective date. The bill passed the Assembly.

79. A.6256 (Nolan)/S.3412 (Lack): This bill adds service as a policeman or fireman in a county, a city with a population of less than one million, town or village to the list of employment deemed hazardous for purposes of workers' compensation benefits. The bill passed the Assembly.

80. A.6277 (Nolan): This bill enacts the New York State Medical Monitoring Act. It establishes medical monitoring of worker populations at risk of contracting occupational diseases. It also appropriates $1.2 million for expenses of the medical monitoring of such workers. Finally, it requires record keeping to facilitate research to improve means of identifying/preventing occupational disease. The bill was referred to the Codes Committee.

81. A.6371 (Meeks): This bill allows persons infected with HIV or AIDS in the course of their employment to receive Workers Compensation benefits. The bill was referred to Ways and Means.

82. A.6381 (Colton): This bill repeals article 8 relating to public work projects, and 9 relating to prevailing wage for building service employees of the labor law. It adds a new article 8 to cure inconsistencies between articles relating to payment of prevailing wages concerning public construction and public building contracts, therefore creating a single prevailing wage law to eliminate existing confusion and provide employers and employees with a uniform set of rules and definitions. The bill was referred to the Codes Committee.

83. A.6394-B (Nolan)/S.3550-B (Spano): This bill provides that every contractor and subcontractor is required to keep payroll records shall submit a copy of such record to the awarding authority on a 30 day basis. The bill passed both houses and signed into law as Chapter 565 of the laws of 1997.

84. A.6411 (Luster)/S.4491 (Lack): This bill requires employers to allow employees to take a ten minute rest period for each four hours of work. The bill was referred to the Codes Committee.

85. A.6451 (Wright): This bill requires that public boards and commission established pursuant to the labor law shall have an appointee who shall serve as a representative of organized labor. It provides that such appointees shall be appointed by the Commissioner of Labor upon the recommendation of the AFL-CIO. The bill passed the Assembly and was delivered to the Senate.

86. A.6475 (Tokasz)/S.3625 (Abate): This bill enacts the "Protection in the Workplace Act". It provides that injuries to employees as a result of the commission of a sexual offense shall entitle such employee to all rights and benefits available pursuant to workers' compensation law. In addition, it shall permit such employee to pursue any other remedies available at law or in equity. The bill passed the Assembly and was delivered to the Senate.

87. A.6496 (Nolan)/S.4195 (Spano): This bill enacts the living wage for home care workers act. It provides that home care workers in cities with a population of one million or more shall receive an adequate wage by incorporating home care worker services costs into the medicaid reimbursement rate paid to home care agencies. The bill was referred to the Ways and Means Committee.

88. A.6543 (Nolan)/S.4139 (Spano): This bill determines Workers' Compensation rates based on the amount of hours worked for an employer. It provides that workers' compensation insurance premiums for construction trades should be based on hours worked rather than wages paid to the employees. The bill was passed by both houses and was vetoed as veto memorandum #37.

89. A.6603 (Pretlow)/S.2290 (Spano): This bill authorizes nurse practitioners to provide treatment in workers' compensation cases. The bill was referred to the Codes Committee.

90. A.6759 (Colman)/S.4022 (Seward): This bill provides for eligibility for unemployment insurance benefits for part-time elected officials who lose their primary income. The bill passed the Assembly.

91. A.6777 (Ortiz): This bill requires the Commissioner of Labor to publish quarterly reports concerning apparel industry manufacturers and contractors. Included in the report shall be apparel industry manufacturers and contractors who have violated registration requirements. The bill passed the Assembly and was delivered to the Senate.

92. A.7046 (Gottfried): This bill would provide up to 16 weeks of unpaid leave during any twenty four month period for a family leave for the birth or adoption of a child, and for up to 16 work weeks during any twenty four month period for temporary medical leave. The bill passed the Assembly.

93. A.7676 (Nolan)/S.5151 (Spano): This bill requires persons or corporations performing public work to file payroll records with the appropriate fiscal officer. The bill was referred to the Codes Committee.

94. A.7702 Rules (Nolan)/S.4807 (Spano): This bill increases the maximum unemployment benefit to $350 until October 1, 1998 and to one-half of the claimant's average weekly wage of covered employment in the previous calendar year on and after October 1, 1998. The bill was ordered to the third rules reading calendar 12.

95. A.7703 Rules (Nolan): This bill prohibits state and municipal agencies, boards and authorities from entering into contracts with people who have engaged in unfair labor practices. The bill was referred to the Codes Committee.

96. A.7892 Rules (Nolan): This bill increases the minimum wage from $4.25 per hour to $5.15 per hour on and after September 1, 1997. It makes corresponding increases for minimum wage standards for farm workers. The bill passed the Assembly.

97. A.7935-A Rules (Luster)/S.4192-A (Mendez): This bill requires employer of farm laborers to allow at least 24 consecutive hours of rest each week. The bill was referred to the Assembly Rules Committee.

98. A.7977 Rules (Smith)/S.1672 (Stachowski): This bill prohibits action against employees in either the public or private sector who disclose an activity that the employee reasonably believes poses a serious danger to public health and safety. The bill was referred to the Codes Committee.

99. A.8238-A Rules (Nolan): This bill eliminates the New York State Occupational Safety and Health Abatement Board and creates the New York State Council on Safety in the Workplace. The bill passed the Assembly.

100. A.8289 Rules (Nolan)/S.4853-A (Rath): The bill authorizes the Commissioner of Labor to assist the Office for Prevention of Domestic Violence in the creation, approval, and dissemination of a model domestic violence employee awareness and assistance policy. The bill passed both houses and signed into law as Chapter 368 of the laws of 1997.

101. A.8330 Rules (Ortiz)/S.4149 (Spano): This bill provides the Commissioner of Labor with the authorization to affix a tag no more than six inches in length with the words "unlawfully manufactured" on any apparel or component which was manufactured or assembled by an employee in violation of certain provisions of the labor law. This bill was referred to the Codes Committee.

102. A.8331 Rules (Colton)/S.4151 (Spano): This bill provides the institution of criminal penalties in the form of misdemeanors for persons or corporations knowingly violating employment of minors laws. It provides that the first violation is punishable by up to $500 fine and 60 days in jail. The second or subsequent violation is subject to a $5000 fine and up to 1 year in jail. The bill was referred to the Codes Committee.

103. A.8397 Rules (Perry)/S.5140 (Spano): This bill enhances civil and criminal penalties for violations relating to industrial homework by including the failure to prevent such violations, increasing the fine to $10,000 and makes provisions for making members of closely held corporations held liable for such actions. It also establishes criminal penalties for such violations by making it a misdemeanor offense. The bill was reported to the Codes Committee.

104. A.8411 Rules (Nolan): This bill provides that the employee relations board shall designate a collective bargaining representative after a showing of majority interest by employees in the unit. The bill was order to the third rules reading calendar 94.

105. A.8550 Rules (Nolan): This bill converts to a wage reporting system the method for determining a claimant's entitlement to unemployment benefits and employer experience charges. It also makes provisions with respect to the verification of payroll records. The bill was ordered to the third rules reading calendar 962.

Number of Committee Meetings Held: 11