Int. No. 1391

By The Speaker (Council Member Adams) and Council Members Hudson, Brannan, Narcisse, Cabán, Menin, Hanks, Won, Restler, De La Rosa, Ung, Moya, Schulman, Farías, Gennaro, Ayala, Gutiérrez, Hanif, Brewer, Bottcher, Krishnan, Marte, Brooks-Powers, Dinowitz, Salaam, Banks, Abreu, Lee, Powers and Ossé

A Local Law to amend the administrative code of the city of New York, in relation to the establishment of compensation and training standards for security guards

Be it enacted by the Council as follows:

Section 1. Title 20 of the administrative code of the city of New York is amended by adding a new chapter 16 to read as follows:

CHAPTER 16: SECURITY GUARDS

SUBCHAPTER 1: GENERAL PROVISIONS

§ 20-1601 Definitions. As used in this subchapter, the following terms have the following meanings:

Covered security guard employer. The term “covered security guard employer” means any security guard company that employs covered security guards, but shall not include: (i) the United States government; (ii) the state of New York, including any office, department, independent agency, authority, institution, association, society or other body of the state including the legislature and the judiciary; (iii) the Port Authority of New York and New Jersey; and (iv) the city of New York or any local government, municipality or country or any entity governed by section 92 of the general municipal law or section 207 of the county law.

Covered worksite. The term “covered worksite" means any property, parcel of land or other real estate intended for any purpose located within the physical boundaries of the city of New York, whether privately or publicly owned, where any covered security guard employer employs one or more security guards.

Division. The term “division” means the division of security established pursuant to section 32-201.

Covered security guard. The term “covered security guard” means an individual with a current and valid registration issued in accordance with article 7-A of the general business law, authorizing such individual to perform security services in the state of New York.

Security guard company. The term “security guard company” means any person employing one or more security guards or being self-employed as a security guard within New York City. 

Security guard training school. The term “security guard training school” means an entity that has been approved by the commissioner to provide security guard training course or courses.

§ 20-1602 Security guard minimum wage required. a. Beginning January 1, 2027, every covered security employer shall pay to each covered security guard for each hour worked no less than the standard hourly wage.

b. The standard hourly wage shall be the hourly wage rate as determined by the commissioner pursuant to section § 20-1606.

c. The obligation to pay a covered security guard the standard wage as required by this section shall not reduce any covered security employer’s obligation to pay a covered security guard a higher wage as required under any other federal, state or local law or policy.

§ 20-1603 Security guard standard paid sick leave required. a. Beginning January 1, 2027, every covered security employer shall provide each covered security guard the standard paid sick leave.

b. Standard paid time off shall mean the amount of paid sick leave designated by the commissioner pursuant to section § 20-1606.

c. The obligation to provide a covered security guard with the standard paid sick leave as required by this section shall not reduce any covered security employer’s obligation to provide a covered security guard a greater amount of paid sick leave as required under any other federal, state or local law or policy.

§ 20-1604 Security guard standard paid leave required. a. Beginning January 1, 2028, every covered security employer shall provide each covered security guard the standard paid time off. Paid time off shall include paid vacation and paid holidays.

b. Standard paid time off shall mean the amount of paid time off designated by the commissioner pursuant to section § 20-1606.

c. The obligation to provide a covered security guard with the standard paid time off as required by this Chapter shall not reduce any covered security employer’s obligation to provide a covered security guard a greater amount of paid time off as required under any other federal, state or local law or policy.

§ 20-1605 Security guard standard benefits supplement required. a. Beginning January 1, 2029, every covered security employer shall pay each covered security guard the standard benefits supplement.

b. The standard benefits supplement shall be paid at a rate that is determined by the commissioner pursuant to section § 20-1606.

c. The obligation of a covered employer to pay the standard benefits supplement may be discharged by furnishing any equivalent combinations of fringe benefits or by making equivalent or differential payments in cash. Such fringe benefits include medical or hospital care, pensions on retirement or death, compensation for injuries or illness resulting from occupational activity, or insurance to provide any of the foregoing, life insurance, disability and sickness insurance, accident insurance, training and educational benefits, and other bona fide fringe benefits not otherwise required by federal, state or local law to be provided by a covered security employer to their employees.

d. The obligation to provide a covered security guard with the standard benefits supplement as required by this section shall not reduce any covered security employer’s obligation to provide a covered security guard a greater amount of benefits as required under any other federal, state or local law or policy.

§ 20-1606 Security guard minimum wage determination. a. The department shall study the working conditions for covered security guards. In conducting such study, the department may coordinate with any other agency, organization, or office that can assist in such study. The study shall include, at minimum, consideration of the wage rates paid to any private sector security guards engaged on New York City public building service contacts, the wage rates determined by the United States Department of Labor pursuant to the Service Contract Act of 1965, 41 U.S.C. § 351, et seq., research on the correlation between compensation levels and turnover rates with a particular focus on retaining trained and experienced security guards, and such other topics as the department deems appropriate.

b. In furtherance of such study, the department may request or issue subpoenas for the production of data, documents, and other information from city agencies and vendors to the city, and any other information deemed relevant by the department. In accordance with applicable law and rules and with appropriate notice, such city agencies and vendors must produce such information to the department in its original format or a machine-readable electronic format as set forth in rules of the department. The department may additionally convene public hearings to hear from interested stakeholders on appropriate compensation standards; occupational working conditions, including health and safety issues and turnover rates; and training standards.

c. Based on the results of the study conducted pursuant to subdivision a of this section, on or before September 1, 2026 and each subsequent September 1, the department shall by rule establish a method for determining the minimum hourly wage rates for covered security guards. In no event shall such minimum wage rate be less than the minimum hourly wage rates paid to private sector security guards engaged on New York City public building service contracts in excess of $1,500. 

d. Based on the results of the study conducted pursuant to subdivision a of this section, on or before September first, 2026 and each subsequent September first, the department shall by rule establish a method for determining the minimum paid sick leave rates for covered security guards. In no event shall such paid sick leave rates be less than the minimum paid sick leave rates provided to private sector security guards engaged on New York City public building service contracts in excess of $1,500.00.

e. Based on the results of the study conducted pursuant to subdivision a of this section, on or before September first, 2027 and each subsequent September first, the department shall by rule establish a method for determining the minimum paid vacation and holiday rates for covered security guards. In no event shall such paid vacation and holiday rates be less than the minimum paid vacation and holiday rates provided to private sector security guards engaged on New York City public building service contracts in excess of $1,500.00.

f. Based on the results of the study conducted pursuant to subdivision a of this section, on or before September 1, 2028 and each subsequent September first, the department shall by rule establish a method for determining the minimum supplemental benefits rate for covered security guards. In no event shall such supplemental benefits rate be less than the supplemental benefits rate paid to private sector security guards engaged on New York City public building service contracts in excess of $1,500.00.

g. Nothing in this section shall preclude the department from establishing a series of annually adjusted minimum wage rates designed to apply to a range of years up to, but no more than four years.

§ 20-1607 Training Requirements. a. Every covered security employer shall provide training to all covered security guards they employ at a covered worksite, at no cost to such security guards.

b. The required training shall include a minimum of 16 hours of initial instruction to be completed within 120 days of hire or within 180 days of the effective date of this section.

c. Following each covered security guard’s first 12 months of employment with a covered security employer, and annually thereafter, the covered security employer shall provide 8 hours of recurrent annual training to every covered security guard working at a covered worksite.

d. The covered security employer shall compensate covered security guards for time spent attending the training program at such security guard’s regular rate of pay.

e. The commissioner, in coordination with the police department, shall determine the content of such training, which shall include but not be limited to:

1. Identifying security risks to facilities and their tenants;

2. Techniques for responding to threats or incidents of violence, including incidents involving use of firearms;

3. Conflict and crisis de-escalation strategies for interaction with people suffering from a mental health crisis or who are impaired by alcohol or a controlled substance;

4. Community health and wellness, including drug and alcohol addiction, homelessness, and mental illness;

5. First aid, including training in administering cardiopulmonary resuscitation, use of automated external defibrillators, and administering opiate antagonists;

6. Security officers’ workplace rights, including health and safety, anti-discrimination, and wage and hour laws; and

7. Other miscellaneous topics as determined by the City to be relevant such as professional image, effective communication, including communicating with clients, and report writing.

f. The trainings required under this section shall be provided only by security guard training schools. 

g. The training required under this section shall be in addition to the minimum training required under article 7-A of the general business law. 

§ 20-1608 Website and reporting. a. No later than 1 year after the effective date of the local law that added this section, and annually thereafter, the department shall post on the department’s website and submit to the speaker of the city council the following information:

1.                     The number of complaints received by the department pursuant to this chapter;

2.                     The results of investigations undertaken pursuant to this chapter, including the number of complaints not substantiated and the number of notices of violations issued;

3.                     The average time for a complaint to be resolved pursuant to this chapter;

4. The types of information provided and the number of referrals made pursuant to section 32-303;

5. The results of the findings made pursuant to section 20-1612 regarding any systematic legal allegations;

6. Any recommendations for assisting the security guard workforce and any recommendations for model industry standards made by the division;

7. Education and outreach conducted by the department; and

8. Any other information the department deems appropriate.

§ 20-1609 Recordkeeping. a. Every covered security employer shall make and retain records documenting such employer’s compliance with the requirements of this chapter for a period of six years unless otherwise required pursuant to any other law, rule or regulation, and shall allow the department to access such records and other information, consistent with applicable law and in accordance with rules of the department and with appropriate notice, in furtherance of an investigation conducted pursuant to this chapter. A covered security employer must maintain records in their original format and provide such records to the department in their original format or a machine-readable electronic format as set forth in rules of the department.

b. The failure of a covered security employer to maintain, retain, or produce a record or other information required to be maintained by this chapter and requested by the department in furtherance of an investigation conducted pursuant to this chapter that is relevant to a material fact alleged by the department in a notice of violation issued pursuant to this subchapter creates a rebuttable presumption that such fact is true.

§ 20-1610 Notice of rights. a. On or before September 15, 2026, the commissioner shall publish and make available template notices for covered security employers to provide to covered security guards and post in worksites, informing them of their right to the standard wage, standard benefits supplement, and standard paid time off, as well as the rates and effective dates for each; covered security guards’ right to receive free training by a certified training program and to be paid for time spent in the training; covered security guards’ right to be free from retaliation; covered security guards’ right to file a complaint with the department; and the contact information for the department where questions about rights and responsibilities under this chapter can be answered. Such notices shall be made available in a downloadable format on the city’s website in accordance with the requirements for language access as described in chapter 11 of title 23. The commissioner shall update such notices if any changes are made to the requirements of this chapter or as otherwise deemed appropriate by the commissioner.

§ 20-1611 Anti-Retaliation. a. No person shall take any adverse action against a covered security guard that penalizes such covered security guard for or is reasonably likely to deter such covered security guard from, exercising or attempting to exercise any right protected under this chapter. Taking an adverse action includes threatening, intimidating, disciplining, discharging, demoting, suspending or harassing an employee, reducing the hours or pay of a covered security guard, transferring a security guard to a less desirable worksite, informing another covered security employer that a covered security guard has engaged in activities protected by this chapter, and discriminating against the covered security guard, including actions related to perceived immigration status or work authorization status. Adverse action shall also include interfering with or punishing an individual for in any manner participating in or assisting an investigation, proceeding, or hearing under this chapter, or willfully preventing or attempting to prevent an individual from securing other employment by word, writing, or any other action. An employee need not explicitly refer to this chapter or the rights enumerated herein to be protected from retaliation.

b. As used in this section, to threaten, penalize, or in any other manner discriminate or retaliate against any covered security guard includes threatening to contact or contacting United States immigration authorities or otherwise reporting or threatening to report a covered security guard suspected citizenship or immigration status or the suspected citizenship or immigration status of a covered security guard family or household member to a federal, state or local agency.

c. The termination or other disciplinary action taken by a covered security employer against a covered security guard within 90 days of the covered security guard’s exercise of rights under this section, assisting any other person in doing so, or informing any person about their rights, shall raise a rebuttable presumption of having done so in retaliation for the exercise of those rights.

§ 20-1612 Enforcement and penalties. a. The department shall enforce the provisions of this chapter. In effectuating such enforcement, the department shall establish a system utilizing multiple means of communication to receive complaints regarding non-compliance with this chapter and investigate complaints received by the department in a timely manner.

b. Any covered security guard, former covered security guard, group of covered security guards, and/or labor union or other organization assisting covered security guards that alleges a violation of this chapter shall have the right to file a complaint with the department within six years of the date they knew or should have known of the alleged violation.

c. The department may open an investigation on its own initiative.

d. The statute of limitations for bringing a civil action shall be tolled during any investigation of a covered security employer by the department. 

e. The department shall keep the identity of any complainant confidential unless disclosure of such complainant’s identity is necessary for resolution of the investigation or otherwise required by law. The department shall, to the extent practicable, notify such complainant that the department will be disclosing his or her identity prior to such disclosure.

f. Upon receiving a complaint alleging a violation of this chapter, the department shall investigate such complaint. The department shall keep complainants reasonably notified regarding the status of their complaint and any resultant investigation. If the department believes that a violation has occurred, it shall issue to the offending person or entity a notice of violation. The commissioner shall prescribe the form and wording of such notices of violation. The notice of violation shall be returnable to the administrative tribunal authorized to adjudicate violations of this chapter.

g. The department shall have the power to impose penalties provided for in this chapter and to grant a covered security guard or former covered security guard all appropriate relief. Such relief shall include: the full amount of any underpayments, including interest thereon, and an additional amount equal to twice the underpaid wages and/or benefits as liquidated damages. Relief may additionally include reinstatement and other compensatory damages or equitable relief, injunctive and/or declaratory relief.

h. Any entity or person found to be in violation of this chapter shall be liable for a civil penalty payable to the city not to exceed five hundred dollars for the first violation and, for subsequent violations that occur within two years of any previous violation, not to exceed seven hundred and fifty dollars for the second violation and not to exceed one thousand dollars for each succeeding violation. The penalties imposed pursuant to this subdivision shall be imposed on a per security guard and per instance basis for each violation.

i. If the department attempts to negotiate a settlement with a covered security employer to resolve a claim, it shall keep the complainant(s) reasonably notified regarding the status of settlement discussions.

§ 20-1613 Enforcement by corporation counsel. a. The corporation counsel or such other persons designated by the corporation counsel on behalf of the department may initiate in any court of competent jurisdiction any action or proceeding that may be appropriate or necessary for correction of any violation issued pursuant to section 20-1611, including actions to secure permanent injunctions, enjoining any acts or practices that constitute such violation, mandating compliance with the provisions of this chapter, or such other relief as may be appropriate.

§ 20-1614 Enforcement by corporation counsel for pattern or practice of violations. a. Cause of action. 1. Where reasonable cause exists to believe that a covered security employer is engaged in a pattern or practice of violations of this chapter, the corporation counsel or such other persons designated by the corporation counsel may commence a civil action on behalf of the city in a court of competent jurisdiction.

2. The corporation counsel or such other persons designated by the corporation counsel shall commence such action by filing a complaint setting forth facts relating to such pattern or practice and requesting relief, which may include injunctive relief, civil penalties and any other appropriate relief.

b. The corporation counsel may initiate any investigation to ascertain such facts as may be necessary for the commencement of a civil action pursuant to subdivision a of this section, and in connection therewith shall have the power to issue subpoenas to compel the attendance of witnesses and the production of documents, to administer oaths and to examine such persons as are deemed necessary.

c. Civil penalties and relief for covered security guards. In any civil action commenced pursuant to subdivision a of this section, the trier of fact may impose a civil penalty of not more than $15,000 for a finding that a covered security employer has engaged in a pattern or practice of violations of this chapter. Any civil penalty so recovered shall be paid into the general fund of the city. The trier of fact may, in addition, award relief of up to $500 to each covered security guard denied the standard wage, standard benefits supplement, or standard paid time off in violation of section 20-1602, 20-1603 or 20-1604 or training in violation of section 20-1605.

§ 20-1615 Enforcement by a private right of action. a. Any person alleging a violation of this chapter may commence a civil action in any court of competent jurisdiction to seek relief as set forth in section 20-1612 of this chapter. Any agreement between the covered security guard and the covered security employer to work for less than such wage shall be no defense to such action.  A civil action to enforce this chapter may be commenced no later than six years the plaintiff knew or should have known of the violation. The action may encompass all violations that occurred as part of a continuing course of employer conduct regardless of their date, so long as the action is commenced no later than six years after a violation last occurs.

b. The court shall award reasonable attorney’s fees and costs to any complaining party who prevails in any such enforcement action, in addition to other relief.

c. Filing a complaint with the department of this section shall be neither a prerequisite nor a bar to bringing a civil action pursuant to this section.

§ 20-1616 Other legal requirements. a. This subchapter provides minimum requirements pertaining to compensation standards and training and shall not be construed to preempt, limit, or otherwise affect the applicability of any other law, regulation, requirement, policy, or standard that provides for higher compensation standards or that extends other protections to employees.

§ 20-1617 Exclusions. The requirements of this section shall not apply to any work performed under a contract subject to the McNamara-O’Hara Service Contract Act of 1965, 41 U.S.C. 6701 et seq., Labor Law Article 9, Labor Law Article 19-D, Public Service Law 42-A, Real Property Tax Law § 421-A, Real Property Tax Law § 467-A, Real Property Tax Law 467-M, Real Property Tax Law §485-X, New York City Administrative Code §§6-109.1 and 130, and any work subject to a compensation standard prescribed by a rule or regulation of the Port Authority of New York and New Jersey.

§ 2. Title 32 of the administrative code of the city of New York is amended by adding a chapter 3 to read as follows:

CHAPTER 3: DIVISION OF SECURITY GUARDS

§ 32-301 Definitions. a. As used in this subchapter, the following terms have the following meanings:

Covered security guard employer. The term “covered security guard employer” shall have the same meaning as in section 20-1601.

Covered security guard. The term “covered security guard” shall have the same meaning as in section 20-1601.

Security guard company. The term “security guard company” shall have the same meaning as in section 20-1601.

§ 32-302 Division; powers and duties. a. The division shall assist the director in gathering and analyzing data needed to issue standard wage, standard benefits, and standard paid time off determinations, including conducting outreach to and coordinating with any other agency, organization, or office that can assist in such study.

b. The division shall conduct and promote public information and outreach campaigns, and in performing such activities, the division shall seek to coordinate with appropriate stakeholders, such as other government agencies, labor unions, other worker advocacy groups, community organizations, security guards, security employers, and entities contracting for security services, to solicit information from and inform covered security guards, covered security employers and entities contracting for security services about:

1. Their rights and obligations under applicable federal, state and local laws, including through regular informational clinics in each of the five boroughs to inform security guards about relevant labor and employment standards;

2. Covered security guards’ right to employer-provided training as well as the availability of other relevant, free or low-cost programs in the city, with such information conveyed in a pamphlet and on the division’s website;

3. Strategies for protecting security guards from violence on the job, and other health and safety issues relevant to security guards;

4. Use of digital technologies in the workplace and their impact on staffing levels, job duties, and workforce monitoring and discipline; and

5. Any other matters that the division deems relevant.

c. The division shall seek to coordinate with and, where appropriate, may contract with appropriate stakeholders as listed in subdivision b of this section to provide some or all of the outreach and rights education described in such subdivision.

§ 32-303 Security guard advocate a. The advocate and division staff shall engage with security guards and the security industry to address workforce concerns, including by:

1. Developing a system to assist covered security guards to obtain information about their rights under this chapter as well as other federal, state and local labor and employment laws, and about the appropriate federal, state and city agencies and officials, community organizations and legal services organizations that provide assistance with respect to potential violations of labor and employment laws;

2. Developing a system to assist covered security guards to submit complaints regarding potential violations of such laws through a hotline, a texting number and an online submission mechanism and responding to such complaints by providing referrals to other agencies as appropriate;

3. Seeking to coordinate with and, where appropriate, contracting with appropriate stakeholders as listed in subdivision b.

4. Tracking the status and outcome of submissions to the systems created by paragraphs 1 and 2 of this subdivision.

b. With respect to individual security guard employers against whom the division receives complaints, the advocate shall seek to identify and notify appropriate agencies about potential systemic violations of labor and employment laws, including those involving:

1. The practices of covered security guard employers that may constitute violations of applicable federal, state and local laws;

2. The exploitation and abuse of covered security guards, including retaliation, harassment, and discrimination; and

3. The role of entities contracting with covered security employers for security guard employers in determining compensation standards, working conditions, and compliance with federal, state and local labor standards laws.

§ 3. This local law shall take effect 120 days after it becomes law.

LS # 20452

9/19/2025