Brooklyn's Progress
December 2009/January 2010

BY LETICIA THEODORE-GREENE

The fight over the New York City Council’s proposed Paid Sick Leave bill reached its boiling point as those on both sides of the issue faced each other, first at competing press conferences on the steps of City Hall then at an afternoon hearing there, on November 17.

The legislation, Intro No 1059, is supported by the Working Families Party, labor unions (which would be exempt from the law), the majority of the New York City Council – including 12 of Brooklyn’s 16 representatives – and other social service and advocacy groups including the Community Service Society and the Institute for Women’s Policy Research.

Meanwhile, introduction of the bill created an unprecedented coalition within the business community including the Brooklyn, Bronx, Manhattan, Queens and Staten Island Chambers of Commerce, non-profit organizations, small-, medium-, and large businesses and more than 25 business groups and organizations – which are publicly supporting the fight to defeat the legislation.

The bill in question would require all New York City businesses – regardless of size, revenue or nature – with fewer than 10 employees to provide up to 5 paid sick days per year while businesses with 10 or more workers will be required to provide 9 paid days.  Businesses found in violation of the law would be subject to fines ($1,000 per violation).

The press conference held by opponents of the bill included more than 50 members of the business community who carried signs with slogans including: “I can’t afford to pay for sick days – does that make be a bad business owner,” and “My business is ailing, who is helping me?” The message delivered by speakers: businesses and employees would be hurt because of the more than $8 billion price tag affixed to the bill.

Brooklyn Chamber Member Victoria Aviles said she works to accommodate her employees who get sick and added she couldn’t afford the nine paid sick days each of her employees would be given under the law. Staten Island Chamber Member Tom Scarangello, owner, SCARAN, said he is beginning to view New Jersey as a more favorable location for his business in light of what he sees as this latest salvo against New York City businesses. Tom Minnick representing the Business Council of New York State said the bill should be debated not at City Hall but at the federal level – where another paid sick leave bill was recently introduced by eight Congress members including Brooklyn representative Yvette Clarke.

Supporters of the bill crowded the steps of City Hall in a raucous display admonishing business owners and those who oppose the legislation. A number of local elected officials joined them saying the bill was a public health and human rights issue. One man read a statement saying he was fired as he walked out of the restaurant where he worked on his way to the hospital.

At the hearing which followed the press conferences City Council Members made it clear they supported the bill which is replica of the Paid Sick Leave bill passed by referendum in San Francisco in 2006. In fact Donna Levitt, Division Manager, San Francisco Office of Labor Standards and Enforcement testified live via video stating the bill had no adverse impact on the business community. But, Jim Lazarus, Senior Vice President at the San Francisco Chamber of Commerce tempered that statement in a letter saying, “We are NOT saying there has been no impact on our business community.  We ARE saying that we do not have statistics on the impact to share at this time.”

Meanwhile, an August 24 memorandum from the San Francisco Board of Supervisors recognized that “A formal evaluation of the effectiveness of implementation has not yet been conducted...”  Council Members admit they have yet to examine other similar bills which were passed in Washington, DC and Milwaukee, Wisconsin.

Since the hearing, which included testimony from Brooklyn Chamber Members and friends including Danny Latham, Latham Communications, Victoria Aviles, Bridge Cleaners, and Vinnie Mazzone, Chicken Masters numerous Chamber Members have written to their City Council representatives opposing the bill. Brooklyn Chamber President and CEO Carl Hum among other things has appeared on New York 1 to debate with issue. He and along with City Hall Restaurant owner Henry Meer debated the bill with Manhattan City Councilwoman Gale Brewer and Sherry Leiwant of a Better Balance which is championing this and similar bills in states around the nation. More than 25 of New York’s business associations are currently signed on in opposition with more signing on each day.

City Council Members say they are willing to negotiate the details of the bill with the business community but insist some form of the bill will be passed. Council Member Gale Brewer stated the bill would be voted on before the end of the year. Neither Mayor Michael Bloomberg nor City Council Speaker Christine Quinn has spoken publicly about the bill other than to say it should not hurt small businesses and should be fair.

In the interim, the business coalition continues to fight the Intro No 1059 through letter writing campaigns, meetings with legislators and speaking publicly.

If you would like to weigh work with the coalition to oppose the Paid Sick Time bill visit http://www.ibrooklyn.com/ or call 718 875-1000 ext. 115.