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Issues
Stop the Paid Family Leave Mandate in New York
Former Gov. Eliot Spitzer promoted a plan to impose a 12-week paid family leave mandate on virtually every private employer in the State of New York, regardless of size. The benefit would be paid by changing the Temporary Disability Insurance (TDI) program to include non-disability related absences from work. Unlike the federal Family and Medical Leave Act, which applies only to businesses with more than 50 employees, this proposal contains no exemption for small business.
Repeal or Reform of New York's Scaffold Law
In a legitimate effort to protect workers building skyscrapers more than a century ago, New York passed the Scaffold Law. But what once was a necessary statute to protect workers has now been twisted to create a standard of absolute liability for employers whose workers experience gravity-related injuries on the job -- with no consideration whatsoever of the worker's own potential liability or failure to follow established safety procedures.
Cap Property Tax Increases in New York
New Yorkers pay the highest property taxes in the nation. Local property taxes increased 42 percent from 2000 to 2005 -- more than three times the rate of inflation. Property taxes are by far the largest and fastest growing component of most New Yorkers' tax bills. State school aid for the 2007-08 school year increased $1.76 billion or 9.8 percent, for a total of $19.65 billion over the 2006–07 level, the highest school aid increase ever. Yet, despite this increase, property taxes continue to increase.
Healthcare Tax Legislation in New York
Legislation was introduced that would impose a new $8.4 billion tax on business. Specifically, the bill would impose a $3 per hour/per worker health tax on businesses that don't cover the cost of at least 80 percent of an employee's health insurance. The sponsors of the bill are selling this plan as a way to achieve universal health coverage; however, it would disproportionately hit small businesses and employers who are already struggling with the skyrocketing cost of healthcare. Since these taxes would increase with the size of payroll, adding new jobs would trigger higher taxes.
Increasing Access to Healthy New York
The state's Healthy NY program offers streamlined, yet comprehensive health insurance. Its benefit package, combined with State funding, has created more affordable health insurance coverage. Small businesses and sole proprietors wishing to purchase Healthy NY must meet certain eligibility criteria to participate.
Workers' Compensation Reform in New York
Workers' compensation in New York has long been an impediment to economic growth. With the second-highest premiums for employers and the second-worst benefits in the nation for workers, New York is a bad deal for both job providers and their employees.
Wick's Law Reform in New York
Wick's law requires that state and municipalities separately bid the plumbing, heating, electrical and HVAC work on public construction projects exceeding $50,000. Multiple bidding has had the effect of increasing overall construction costs by an estimated 8-30 percent, delaying projects and, in some cases, preventing projects from going forward at all.
Expansion of Bottle Deposit Law in New York
Former Gov. Spitzer proposed to expand the bottle deposit law to include other products such as bottled water, juice and tea. While at least outwardly aimed at the commendable goal of increasing recycling, the law also would have created a windfall for the state on unredeemed deposits, while creating a costly and messy logistical nightmare for small retailers.
Independent Contractors in New York
Many companies are hiring independent contractors for functions that in the past may have been performed by employees. This results in savings, since businesses are not responsible for withholding payroll taxes or paying employee benefit costs for independent contractors. Independent contractors are also excluded from coverage under unemployment insurance laws, withholding requirements, and overtime and minimum wage requirements, and they do not have to carry workers' compensation insurance. However, there is currently no legal definition of what constitutes an independent contractor. The IRS has developed a 20-step test based on case law to determine independent contractor status, but the test is subjective and not easy to pass.
Relief From Health Insurance Mandates in New York
Health insurance benefits mandated by the Legislature cost small businesses annually more than $1,000 per employee. Individual policyholders currently pay $445 and family policyholders pay $1,066 extra every year just to cover state mandates. These policies affect the ability of our small businesses to provide health insurance to their employees and their families, and place the future of employment-based health insurance at risk.
Small Business Health Insurance Tax Credit in New York
For the last several years, small businesses have identified the rising cost of health insurance as among the most serious problems facing New York's small business community.
Family Health Plus in New York
Last year, the state passed a law that would allow unions and employers the ability to buy into Family Health Plus, a public health insurance program currently available to single adults, couples without children, and parents with limited income who are residents of New York state. Family Health Plus provides comprehensive coverage, including prevention, primary care, hospitalization, prescriptions and other services. There are minimal co-payments for some Family Health Plus services. Healthcare is provided through participating managed care plans in your area.
Minimum Wage in New York
In 2004, New York increased the state minimum wage to its current rate of $7.15 per hour. This legislation also provided that New York would rise to match any prospective increase in the federal minimum wage over the current state rate. In May, the federal minimum wage was set to increase from $5.16 to $5.85 in 2007, $6.55 in 2008 and $7.25 in 2009. Legislation (A.9618A) has been proposed to increase New York's minimum wage even further to $7.75 in 2008, $8 in 2009, and $8.25 in 2010. It would also increase the minimum wage for years subsequent to 2011 by indexing the rate based upon inflation and the consumer price index.
Energy Cost Assistance in New York
Small businesses have cited high energy costs as a major obstacle to future growth, profitability and new job creation. To address this problem, the Senate advanced in their Upstate Now legislation (S.5953) a tax credit program that would help small businesses with the rising cost of energy. The bill would specifically provide a credit of two cents per kilowatt hour directly to eligible small businesses tax liability.
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