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S08337 Summary:

BILL NOS08337A
 
SAME ASNo Same As
 
SPONSORCOMRIE
 
COSPNSRJACKSON
 
MLTSPNSR
 
Add §224-g, Lab L
 
Sets base wage requirements for certain human services workers employed in eligible state-funded programs that provide health and/or welfare assistance.
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S08337 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         8337--A
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                      June 3, 2025
                                       ___________
 
        Introduced  by  Sens. COMRIE, JACKSON -- read twice and ordered printed,
          and when printed to be committed to the Committee on Rules  --  recom-
          mitted  to  the  Committee  on Labor in accordance with Senate Rule 6,
          sec. 8 -- committee discharged, bill  amended,  ordered  reprinted  as
          amended and recommitted to said committee

        AN  ACT  to  amend  the  labor law, in relation to wage requirements for
          certain support professionals
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  The labor law is amended by adding a new section 224-g to
     2  read as follows:
     3    § 224-g. Wage  requirements  for  certain  support  professionals.  1.
     4  Definitions. For the purposes of this section, the following terms shall
     5  have the following meanings:
     6    (a)  "Human  services  worker"  shall  mean  any  employee that either
     7  provides direct care, support, or treatment to an individual participat-
     8  ing in an eligible program and services as defined in  this  section  or
     9  any  employee who may not provide direct care to an individual but whose
    10  job title goals are to help improve or enhance  an  individual's  health
    11  and/or welfare by addressing social problems and/or enhancing well-being
    12  who  are  not  making the base wage as established in this section. Such
    13  definition shall not include executive professionals.
    14    (b) "Eligible program" means any direct state or pass  through  funded
    15  program or service that is provided to individuals or groups of individ-
    16  uals, for the purpose of improving or enhancing such individuals' health
    17  and/or  welfare, by addressing social problems and/or enhancing well-be-
    18  ing that are funded, licensed, or certified  by  the  offices,  if  such
    19  program  or service is provided to individuals or groups of individuals,
    20  for the purpose of  improving  or  enhancing  such  individuals'  health
    21  and/or welfare, by addressing social problems.  This section shall apply
    22  to existing and any new programs or services.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09634-06-6

        S. 8337--A                          2
 
     1    (c)  "Downstate  region"  means the region consisting of Bronx, Kings,
     2  New York, Nassau, Queens, Richmond, Suffolk, and Westchester counties.
     3    (d)  "Rest  of  the  state"  means all other counties of the state not
     4  included in downstate region.
     5    (e) "Offices" means the office of mental  health,  office  for  people
     6  with  developmental  disabilities,  office  of  addiction  services  and
     7  supports, office of temporary and disability assistance, office of chil-
     8  dren and family services, the state office for the aging, the department
     9  of education, the department of health, the office of  victim  services,
    10  and  any  other  state  agency  that may have eligible programs, if such
    11  program or service is provided to individuals or groups of  individuals,
    12  for  the  purpose  of  improving  or  enhancing such individuals' health
    13  and/or welfare, by addressing social problems.
    14    (f) "Social services district" shall have the same meaning as  defined
    15  by section two of the social services law.
    16    2.  Human  services worker wages. (a) The provisions of this paragraph
    17  shall apply to the downstate region. Beginning April two thousand  twen-
    18  ty-six,  for  the  downstate  region, and pending federal approval where
    19  necessary, the commissioners or other  chief  officers  of  the  offices
    20  shall  provide  sufficient  direct state or pass through funding for any
    21  contracts and/or agreements  between  such  offices  and  not-for-profit
    22  organizations  and  any  eligible  programs  funded  by  allocations  or
    23  reimbursements from such offices to social services districts to provide
    24  a base wage to human services workers employed in eligible programs, and
    25  to human services workers employed by any contractors or  subcontractors
    26  working  in  any eligible program, to ensure such human services workers
    27  are paid a base wage. Such base wage shall be  twenty-nine  dollars  per
    28  hour  for  the  downstate  region  and shall be phased in subject to the
    29  following schedule:
    30    (i) beginning April first, two  thousand  twenty-six,  the  base  wage
    31  shall be twenty dollars per hour;
    32    (ii)  beginning  April first, two thousand twenty-seven, the base wage
    33  shall be twenty-four dollars per hour;
    34    (iii) beginning April first, two thousand twenty-eight, the base  wage
    35  shall be twenty-six dollars per hour; and
    36    (iv)  beginning  April  first, two thousand twenty-nine, the base wage
    37  shall be twenty-nine dollars per hour or four  hundred  percent  of  the
    38  federal poverty level, whichever is greater.
    39    (b)  The  provisions  of this paragraph shall apply to the rest of the
    40  state. Beginning April  first,  two  thousand  twenty-six,  and  pending
    41  federal approval where necessary, the commissioners or other chief offi-
    42  cers  of  the  offices,  shall  provide  sufficient direct state or pass
    43  through funding for any contracts and/or agreements between such offices
    44  and not-for-profit organizations and any  eligible  programs  funded  by
    45  allocations  or  reimbursements  from  such  offices  to social services
    46  districts to provide a base wage to human services workers  employed  in
    47  eligible  programs,  and  to  human  services  workers  employed  by any
    48  contractors or subcontractors working in any eligible program, to ensure
    49  such human services workers are paid a base wage. Such base  wage  shall
    50  be  twenty-nine  dollars per hour for the rest of the state and shall be
    51  phased in subject to the following schedule:
    52    (i) beginning April first, two  thousand  twenty-six,  the  base  wage
    53  shall be nineteen dollars per hour;
    54    (ii)  beginning  April first, two thousand twenty-seven, the base wage
    55  shall be twenty-one dollars per hour;

        S. 8337--A                          3
 
     1    (iii) beginning April first, two thousand twenty-eight, the base  wage
     2  shall be twenty-three dollars per hour;
     3    (iv)  beginning  April  first, two thousand twenty-nine, the base wage
     4  shall be twenty-six dollars per hour; and
     5    (v) beginning April first, two thousand thirty, the base wage shall be
     6  twenty-nine dollars per hour or four  hundred  percent  of  the  federal
     7  poverty level, whichever is greater.
     8    (c)   Annual  human  services  worker  base  wage  increase.  (i)  The
     9  provisions of this subparagraph shall apply to the downstate region.  On
    10  and  after  April first, two thousand thirty, the base wage rate applied
    11  under paragraph (a) of this subdivision shall be  adjusted  annually  by
    12  the  offices.  Such  adjusted  base  wage  rate  shall  be determined by
    13  increasing the then current year's base wage rate by the rate of  change
    14  in the average of the three most recent consecutive twelve-month periods
    15  between  the  first  of  August  and the thirty-first of July, each over
    16  their preceding twelve-month periods  published  by  the  United  States
    17  department  of  labor  non-seasonally  adjusted consumer price index for
    18  northeast region urban wage earners and clerical workers (CPI-W) or  any
    19  successor  index as calculated by the United States department of labor,
    20  with the result rounded to the nearest five cents.
    21    (ii) The provisions of this subparagraph shall apply to  the  rest  of
    22  the  state.  On and after April first, two thousand thirty-one, the base
    23  wage rate applied under paragraph  (b)  of  this  subdivision  shall  be
    24  adjusted  annually by the offices. Such adjusted base wage rate shall be
    25  determined by increasing the then current year's base wage rate  by  the
    26  rate  of  change  in  the  average  of the three most recent consecutive
    27  twelve-month periods between the first of August and the thirty-first of
    28  July, each over their preceding twelve-month periods  published  by  the
    29  United States department of labor non-seasonally adjusted consumer price
    30  index  for  northeast  region  urban  wage  earners and clerical workers
    31  (CPI-W) or any successor  index  as  calculated  by  the  United  States
    32  department of labor, with the result rounded to the nearest five cents.
    33    3.  Eligible  employee list. The commissioners or other chief officers
    34  of the offices shall develop forms and processes for  eligible  not-for-
    35  profits  under this section to identify and report the titles and number
    36  of eligible employees covered by this section.
    37    4. Allocations. The commissioners  or  other  chief  officers  of  the
    38  offices  shall  distribute an allocation to each eligible provider based
    39  on the forms developed pursuant to subdivision three  of  this  section.
    40  The  funds distributed pursuant to this section shall be used to enhance
    41  base wages of eligible employees.
    42    5. Reimbursement. Where appropriate, transfers to  the  department  of
    43  health  shall  be  made  as reimbursement for the state share of medical
    44  assistance.
    45    6. In both the downstate region and the rest of the state, in order to
    46  ensure such human services workers are paid a base wage as provided  for
    47  in  this  section,  the  commissioners  or  other  chief officers of the
    48  offices covered by this section  shall  provide  direct  state  or  pass
    49  through funding and shall not require any local social services district
    50  to provide matching funds or to assume responsibility for any other cost
    51  shifts to local social services districts to pay the base wage.
    52    § 2. This act shall take effect immediately.
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