Building Service Workers Covered by the Displaced Building Service Workers Protection Act
New York City’s Displaced Building Service Workers Protection Act
requires certain new building owners, managers, contractors, and commercial lessees to retain pre-existing building service employees for a 90-day transition period. During the transition period, employees can only be terminated for cause or if the new employer determines that fewer building service employees are required to perform building service work. At the end of the transition period, employees will be offered continued employment if the new employer considers their performance to be satisfactory.
“Building service” means work performed in connection with the care of maintenance of an existing building and includes, but is not limited to, work performed by a watchman, guard, security officer, fire safety director, doorman, building cleaner, porter, handyman, janitor, gardener, groundskeeper, stationary fireman, elevator operator and starter, window cleaner, and superintendent.
“Building service employee” means any person employed to perform a building service who has been regularly assigned to a building on a full or part-time basis for at least ninety days immediately preceding any transition in employment except for (i) persons who are managerial, supervisory, or confidential employees, provided that this exemption shall not apply to building superintendents or resident managers; (ii) persons earning in excess of thirty-five dollars per hour from a covered employer, provided that this amount shall be adjusted on January 1, 2017 and annually thereafter by the mayor's office of labor standards based upon the preceding twelve-month percentage increase, if any, in the consumer price index for all urban consumers for all items, as published by the bureau of labor statistics of the United States department of labor;* and (iii) persons regularly scheduled to work fewer than eight hours per week at a building.
*As of January 1, 2019, persons earning in excess of $37.29 per hour are not covered by the law.
For more information, please email the Office of Labor Policy and Standards (OLPS) at OLPS@dca.nyc.gov