The exceptions to the New York City 'living wage' rules
On Friday afternoon, the City Council released its "living wage" bill, which is designed to guarantee that the recipients of city economic development subsidies pay their employees at least $10 an hour.
The legislation has been the subject of a great deal of debate, with the city's main business lobby, the Partnership for New York City, first supporting a narrowed down version of the legislation, and then rejecting the final compromise bill because it wasn't as narrow as the Partnership had at first thought, and Mayor Michael Bloomberg comparing it to communism.
Here's the complete legislation. Excerpted here is a complete list of the employers who will be exempted from the legislation. The Council will vote on the measure on April 30.
The requirements established under this section shall not apply to the following entities or persons except with respect to the reporting requirements set forth in paragraph 2 of subdivision f of this section:
(1) Any otherwise covered employer that is a small business, which shall be defined as an entity that has annual gross revenues of less than five million dollars. For purposes of determining whether an employer qualifies as a small business, the revenues of any parent entity, of any subsidiary entities, and of any entities owned or controlled by a common parent entity shall be aggregated.
(2) Any otherwise covered employer that is a not-for-profit organization.
(3) Any otherwise covered employer whose principal industry conducted at the project location is manufacturing, as defined by the North American Industry Classification System.
(4) Any otherwise covered employer operating on the premises of a project where residential units comprise more than 75% of the project area, and no less than 75% of the residential units are affordable for families earning less than 125% of the area median income.
(5) Any otherwise covered employer that is a grocery store participating in the Food Retail Expansion to Support Health (FRESH) program.
(6) Any otherwise covered employer that is a construction contractor or a building services contractor, which shall include but not be limited to any contractor of work performed by a watchperson, guard, doorperson, building cleaner, porter, handyperson, janitor, gardener, groundskeeper, stationary fireman, elevator operator and starter, or window cleaner.
(7) Any otherwise covered employer, excepting a financial assistance recipient who executed a project agreement and any entity with which such financial assistance recipient contracts or subcontracts, occupying or operating on the premises of property improved or developed within the geographical delineations described in the definition of “Zone 3 Adjacent Developments,” without regard to whether or not the applicable project is deemed to be a “Hudson Yards Commercial Construction Project,” as such terms are defined in the first amendment to the Third Amended and Restated Uniform Tax Exemption Policy of the New York City Industrial Development Agency, as approved by the board of directors of the city industrial development agency on November 9, 2010, provided, however, that such exemption shall not extend to any such covered employer who receives financial assistance through the purchase of a condominium in the event that the city or city economic development entity grants such covered employer additional financial subsidies in addition to the financial assistance originally granted pursuant to such project agreement thereafter assigned or otherwise made available to such purchaser following such purchase.