CALL TO ORDER

Joint with Budget & Appropriations and Labor & Housing

With a quorum present, {MinutesOpenedBy} called the meeting to order at {MinutesOpened:h:mm tt}.

Roll Call
MINUTES APPROVAL
1. Minutes of Jul 10, 2018 1:00 PM Accepted

On motion of Legislator Borgia, seconded by Legislator Parker the minutes were approved 7 - 0.

2. Minutes of Jul 30, 2018 10:03 AM Accepted

On motion of Legislator Borgia, seconded by Legislator Parker the minutes were approved 7 - 0.

 

3. Minutes of Aug 6, 2018 1:04 PM Accepted

On motion of Legislator Borgia, seconded by Legislator Parker the minutes were approved 7 - 0.

 

I. ITEMS FOR DISCUSSION
1. LL-2018-6 : LEGISLATORS BORGIA, BARR, BOYKIN, COVILL, JOHNSON, KAPLOWITZ, MAHER, PARKER, PEREZ, SHIMSKY, A. WILLIAMS, L. WILLIAMS AND CLEMENTS: Earned sick leave for Certain Employees Signed by Committee

A proposed "LOCAL LAW amending the Laws Westchester County to add a new Chapter 585 which will provide earned sick leave for certain employees."

 

Legislator Borgia opened the meeting and discussed the two major changes made to the legislation since the last meeting. The two changes address how the legislation effects the County's collective bargaining agreements and includes an administrative remedy of how the law will be enforced. The County is not exempted from the law and therefore the County's hourly employees will also be covered by this law.

The Director of Consumer Affairs (DCA), James Maisano addressed the Committees and made some comments on how DCA will enforce the law. DCA will handle and enforce the law in the same way they enforce the Consumer Protection Code. The only overarching point in enacting this law is that it changes the scope of the DCA. The law is a labor employment issue so by making DCA the enforcement agency it adds a labor component to the Consumer Affairs Department, which may result in the need for an additional staff person.

Legislator Borgia, mentioned that NYC's sick leave law falls under their Department of Consumer Protections. She added if the legislature enacts any additional employee laws it may fall under Consumer Affairs and the legislature is aware that DCA may need additional staff to enforce the laws.

Mr. Maisano continued his explanation on how DCA will handle the enforcement of the law. He reiterated the law will be handled the same way consumer protection complaints are. Every few weeks people come in with their complaints and the people they are complaining against and mediations are held. In terms of the Earned Sick Leave law, once a complaint is made an Inspector will review the complaint in search of probable cause. If the inspector finds probable cause, the first step will be mediation where both parties will come in and they will seek a settlement. Typically, this course of action is very successful. If the settlement is unsuccessful then the DCA will issue a formal violation.  After the employer is served with a violation nothing can be done for 8 days. After the 8 days, the violation will be heard by one of the Judicial Hearing Officers. If a party does not like the result of the Judicial Hearing Officers' findings, they can take the case to the Supreme Court under Article 78.

Chair Barr asked if it would be possible to send out a letter to all employers informing them of the law in an attempt to avoid mediation and or hearings. Mr. Maisano replied that DCA has to license electricians, plumbers, landscapers, contractors etc. The DCA is willing to place a notice to make them all aware of the law and that it is in effect. Chair Borgia, added that the Human Rights Commission has agreed to handle the educational aspect of the law as far as informing businesses and their employees about the law. She also suggested that perhaps the employers can be made aware of the law when they come in for mediation. Mr. Maisano agreed.

Mr. Maisano suggested a change be made to the legislation in Section 585.11 sub-section 4, "If the court finds an unlawful violation has occurred, the court may impose the penalties set forth in subdivision 2." either be added as an additional sentence in sub-section 3 or be made sub-section (a) of 3. The Committees agreed to have sub-section 4 be added to sub-section 2 and 3 as an additional sentence.

Legislator Maher asked the members if the members were aware that in Section 585.11, sub-section 2. Sub-sub-section i and ii that it is not clearly stated whom receives the money collected by the fine.  Chair Borgia explained the intention is to have the money go to the employee. The members agreed to have the word "employee" added as the payee in Sub-sub-section i and ii.

The legislation was approved as amended.

With a motion by Legislator Borgia and seconded by Legislator Parker the item was approved with a vote of 7-0. Legislator Covill (WOP)

a. LL - Paid sick leave for Certain Employees - DRAFT
b. LL - Paid sick leave for Certain Employees - DRAFT 2
c. LL - Paid Sick Leave for Certain Employees - DRAFT 3
d. LL - Paid Sick Leave for Certain Employees- DRAFT 4
e. LL - Paid Sick Leave for Certain Employees - DRAFT 5
f. LL-Earned Sick Leave for Certain Employees-DRAFT 6
g. LL- Earned Sick Leave for Certain Employees - DRAFT 7
h. LL- Earned Sick Leave for Certain Employees - DRAFT 8
II. OTHER BUSINESS

Unfinished Business and any other agenda items to come before the Committee.

 

III. RECEIVE & FILE
ADJOURNMENT

Moved by Legislator Covill seconded by Legislator Parker the Committee adjourned at {MinutesClosed:h:mm tt}.