NYC Essential Workers’ Bill of Rights

“Every night, New Yorkers are cheering wildly to thank the people who are stocking shelves in our grocery stores, delivering food and supplies, driving people to work and appointments, and caring for sick New Yorkers in our hospitals and nursing homes. With this legislation, we’ll go beyond cheering to make sure they have the pay, sick leave, dignity, and workplace protections they so deeply deserve,” said Council Member Brad Lander. “I’m thrilled to join Speaker Johnson, Majority Leader Cumbo, and Council Member Kallos to introduce NYC’s Essential Workers Bill of Rights, to ensure that these frontline workers are able to take paid sick leave, are protected against unfair firings, especially when they speak out about safety conditions, and are compensated for the risk and sacrifice they are undertaking for our collective benefit.” The following legislation will be introduced:

• Premiums for essential workers (Sponsored by Majority Leader Laurie Cumbo and Speaker Johnson): The Council will consider legislation that would require large employers to pay premiums to certain essential non-salaried workers. The bill requires employers with more than 100 employees to pay hourly workers $30 for a shift under four hours, $60 for a shift of four to eight hours and $75 dollars for any shift over eight hours. The obligation would end when the state of emergency is lifted.
• Just cause rights for essential workers (Sponsored by Council Member Ben Kallos, Speaker Johnson, and Council Member Brad Lander): The Council will consider legislation to prohibit all hiring parties of essential workers from firing those workers without just cause.  This bill will help protect essential workers and enable them to openly identify their concerns on the job or organize with other workers without fear of retaliation.
• Paid sick leave for gig workers (Council Member Lander):  The Council will consider legislation to extend paid sick leave to independent contractors. Independent contractors were not included in the paid sick leave bill passed by the New York State Legislature for employees, even if their work is controlled or directed by the company that hires them.  This bill would close that loophole and help give these front-line gig workers the paid sick leave they need to keep themselves, their families, the New Yorkers they serve safe.
• Resolution on misclassification (Council Member Lander): An estimated 850,000 low-paid independent contractors in New York State may be misclassified and should properly be classified as employees.  Some businesses intentionally misclassify these workers to avoid the burden of paying benefits to employees. As a result, many of these misclassified workers are working on the frontlines of this crisis without the safety net that should be available to them. The Council will consider a Resolution urging the State Legislature to put the burden of proof on employers to classify workers as independent contractors.