S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  38--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by M. of A. WRIGHT, SILVER, HEASTIE, MORELLE, FARRELL, HOOP-
  ER, RIVERA, PEOPLES-STOKES, JACOBS, MARKEY, GIBSON,  MILLER,  ABINANTI
  -- Multi-Sponsored by -- M. of A. ABBATE, ARROYO, AUBRY, BARRON, BENE-
  DETTO,  BOYLAND, BRAUNSTEIN, BRENNAN, BRONSON, BROOK-KRASNY, BUCHWALD,
  CAHILL, CAMARA,  CASTRO,  CLARK,  COLTON,  COOK,  CRESPO,  CYMBROWITZ,
  DenDEKKER,  DINOWITZ, ENGLEBRIGHT, ESPINAL, FAHY, GALEF, GANTT, GLICK,
  GOTTFRIED, HENNESSEY, HIKIND, JAFFEE, KAVANAGH, KIM,  LAVINE,  LENTOL,
  LIFTON, V. LOPEZ, MAGNARELLI, MAISEL, McDONALD, MILLMAN, MOSLEY, MOYA,
  NOLAN,  ORTIZ, OTIS, PAULIN, PERRY, PRETLOW, RAMOS, ROBERTS, ROBINSON,
  RODRIGUEZ, ROSA, ROSENTHAL, ROZIC, RUSSELL, RYAN, SANTABARBARA,  SCAR-
  BOROUGH,  SCHIMEL,  SEPULVEDA,  SIMANOWITZ, SIMOTAS, SKOUFIS, SOLAGES,
  STECK, STEVENSON, STIRPE, SWEENEY, THIELE, TITONE,  TITUS,  WEINSTEIN,
  WEISENBERG, WEPRIN -- read once and referred to the Committee on Labor
  --  committee  discharged,  bill amended, ordered reprinted as amended
  and recommitted to said committee

AN ACT to amend the labor law, in  relation  to  the  minimum  wage  and
  making technical corrections relating thereto

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraph (n) of subdivision 5 of section 651 of the  labor
law,  as  amended by chapter 481 of the laws of 2010, is amended to read
as follows:
  (n) by [a] THE federal[, state or municipal] government [or  political
subdivision  thereof]. The exclusions from the term "employee" contained
in this subdivision shall be as defined by regulations  of  the  commis-
sioner; or
  S  2.  Subdivision  6  of  section 651 of the labor law, as amended by
chapter 281 of the laws of 2002, is amended to read as follows:
  6.  "Employer"  includes  any  individual,  partnership,  association,
corporation,  limited liability company, business trust, legal represen-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

A                                                          LBD00728-02-3

A. 38--A                            2

tative, STATE OR MUNICIPAL GOVERNMENT OR POLITICAL SUBDIVISION  THEREOF,
or any organized group of persons acting as employer.
  S  3.  Subdivisions  1,  4  and  5 of section 652 of the labor law, as
amended by chapter 747 of the laws of  2004,  are  amended  to  read  as
follows:
  1.  Statutory.  Every  employer shall pay to each of its employees for
each hour worked a wage of not less than:
  $4.25 on and after April 1, 1991,
  $5.15 on and after March 31, 2000,
  $6.00 on and after January 1, 2005,
  $6.75 on and after January 1, 2006,
  $7.15 on and after January 1, 2007,
  $9.00 ON AND AFTER JANUARY 1, 2014,
  AND ON AND AFTER JANUARY 1, 2015 AND ON EACH FOLLOWING JANUARY  FIRST,
THE  COMMISSIONER SHALL CALCULATE AND ESTABLISH AN ADJUSTED MINIMUM WAGE
RATE BY INCREASING THE THEN CURRENT MINIMUM WAGE RATE  BY  THE  RATE  OF
INFLATION  FOR  THE  MOST  RECENT TWELVE MONTH PERIOD AVAILABLE PRIOR TO
EACH JANUARY FIRST USING THE CONSUMER PRICE INDEX-ALL  URBAN  CONSUMERS,
CPI-U,  OR  A SUCCESSOR INDEX AS CALCULATED BY THE UNITED STATES DEPART-
MENT OF LABOR, IF SUCH RATE OF INFLATION IS GREATER THAN  ZERO  PERCENT,
or,  if  greater,  such  other wage as may be established by federal law
pursuant to 29 U.S.C. section 206 or its successors or such  other  wage
as may be established in accordance with the provisions of this article.
  4.  Notwithstanding subdivisions one and two of this section, the wage
for an employee who is a food service worker receiving tips shall  be  a
cash  wage  of  at  least  three dollars and thirty cents per hour on or
after March thirty-first, two thousand; three  dollars  and  eighty-five
cents  on  or  after  January  first,  two  thousand five; at least four
dollars and thirty-five cents on or after January  first,  two  thousand
six;  [and]  at  least  four dollars and sixty cents on or after January
first, two thousand seven; AND AT LEAST SIX DOLLARS AND TWENTY-ONE CENTS
ON OR AFTER JANUARY FIRST, TWO THOUSAND FOURTEEN; AND ON OR AFTER  JANU-
ARY FIRST, TWO THOUSAND FIFTEEN AND ON EACH FOLLOWING JANUARY FIRST, THE
COMMISSIONER SHALL CALCULATE AND ESTABLISH AN ADJUSTED MINIMUM WAGE RATE
BY  INCREASING  THE  THEN  CURRENT  MINIMUM  WAGE  RATE  BY  THE RATE OF
INFLATION FOR THE MOST RECENT TWELVE MONTH  PERIOD  AVAILABLE  PRIOR  TO
EACH  JANUARY  FIRST USING THE CONSUMER PRICE INDEX-ALL URBAN CONSUMERS,
CPI-U, OR A SUCCESSOR INDEX AS CALCULATED BY THE UNITED  STATES  DEPART-
MENT  OF  LABOR, IF SUCH RATE OF INFLATION IS GREATER THAN ZERO PERCENT,
provided that the tips of such an employee,  when  added  to  such  cash
wage,  are  equal  to  or  exceed the minimum wage in effect pursuant to
subdivision one of this section and provided further that no other  cash
wage  is established pursuant to section six hundred fifty-three of this
article. In the event the cash wage payable under the Fair Labor  Stand-
ards  Act (29 United States Code Sec. 203 (m), as amended), is increased
after enactment of this subdivision, the cash wage  payable  under  this
subdivision  shall  automatically  be  increased  by  the  proportionate
increase in the cash wage payable under such federal law,  and  will  be
immediately enforceable as the cash wage payable to food service workers
under this article.
  5.  Notwithstanding subdivisions one and two of this section, meal and
lodging allowances for a food  service  worker  receiving  a  cash  wage
amounting  to  three dollars and thirty cents per hour on or after March
thirty-first, two thousand; three dollars and eighty-five  cents  on  or
after  January  first,  two  thousand five; four dollars and thirty-five
cents on or after January first, two thousand six;  [and]  four  dollars

A. 38--A                            3

and  sixty  cents  on  or  after  January first, two thousand seven; SIX
DOLLARS AND TWENTY-ONE CENTS ON OR AFTER  JANUARY  FIRST,  TWO  THOUSAND
FOURTEEN;  AND  ON  OR  AFTER JANUARY FIRST, TWO THOUSAND FIFTEEN AND ON
EACH  FOLLOWING  JANUARY  FIRST,  THE  COMMISSIONER  SHALL CALCULATE AND
ESTABLISH AN ADJUSTED MINIMUM WAGE RATE BY INCREASING THE  THEN  CURRENT
MINIMUM  WAGE  RATE  BY THE RATE OF INFLATION FOR THE MOST RECENT TWELVE
MONTH PERIOD AVAILABLE  PRIOR  TO  EACH  MARCH  THIRTY-FIRST  USING  THE
CONSUMER PRICE INDEX-ALL URBAN CONSUMERS, CPI-U, OR A SUCCESSOR INDEX AS
CALCULATED  BY  THE  UNITED  STATES DEPARTMENT OF LABOR, IF SUCH RATE OF
INFLATION IS GREATER THAN ZERO PERCENT, shall  not  increase  more  than
two-thirds  of  the increase required by subdivision two of this section
as applied to state wage orders in effect pursuant to subdivision one of
this section.
  S 4. This act shall take effect immediately.