S T A T E O F N E W Y O R K
________________________________________________________________________
203
2015-2016 Regular Sessions
I N S E N A T E
(PREFILED)
January 7, 2015
___________
Introduced by Sens. ESPAILLAT, AVELLA, BRESLIN, DILAN, GIANARIS, HOYL-
MAN, KENNEDY, KRUEGER, MONTGOMERY, PERALTA, PERKINS, RIVERA, SERRANO,
SQUADRON, STEWART-COUSINS -- read twice and ordered printed, and when
printed to be committed to the Committee on Labor
AN ACT to amend the labor law and the municipal home rule law, in
relation to the minimum wage and repealing subdivision 6 of section
652 of such law 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-
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, subdivi-
sion 1 as amended by section 1 of part P of chapter 57 of the laws of
2013 and subdivisions 4 and 5 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,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01901-01-5
S. 203 2
$6.00 on and after January 1, 2005,
$6.75 on and after January 1, 2006,
$7.15 on and after January 1, 2007,
$8.00 on and after December 31, 2013,
[$8.75 on and after December 31, 2014,]
$9.00 on and after December 31, 2015,
$10.10 ON AND AFTER DECEMBER 31, 2016 AND ON AND AFTER DECEMBER 31,
2017 AND ON EACH FOLLOWING DECEMBER THIRTY-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 DECEMBER THIRTY-FIRST
USING THE CONSUMER PRICE INDEX-ALL URBAN CONSUMERS, CPI-U, OR A SUCCES-
SOR INDEX AS CALCULATED BY THE UNITED STATES DEPARTMENT 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 estab-
lished 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; AT LEAST FIVE DOLLARS AND FIFTY CENTS ON OR
AFTER THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND
FIFTEEN THAT AMENDED THIS SUBDIVISION; AND AT LEAST SIX DOLLARS AND
TWENTY CENTS ON OR AFTER DECEMBER THIRTY-FIRST, TWO THOUSAND FIFTEEN;
AND AT LEAST SIX DOLLARS AND NINETY-FIVE CENTS ON OR AFTER DECEMBER
THIRTY-FIRST, TWO THOUSAND SIXTEEN AND ON OR AFTER DECEMBER
THIRTY-FIRST, TWO THOUSAND SEVENTEEN AND ON EACH FOLLOWING DECEMBER
THIRTY-FIRST, THE COMMISSIONER SHALL CALCULATE AND ESTABLISH AN ADJUSTED
CASH WAGE RATE BY INCREASING THE THEN CURRENT CASH WAGE RATE BY THE RATE
OF INFLATION FOR THE MOST RECENT TWELVE MONTH PERIOD AVAILABLE PRIOR TO
EACH DECEMBER 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, provided that the tips of such an employee, when added to
such cash wage, are equal to or exceed the minimum wage in effect pursu-
ant 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 Standards 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 propor-
tionate 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
and sixty cents on or after January first, two thousand seven; FIVE
DOLLARS AND FIFTY CENTS ON OR AFTER THE EFFECTIVE DATE OF THE CHAPTER OF
S. 203 3
THE LAWS OF TWO THOUSAND FIFTEEN THAT AMENDED THIS SUBDIVISION; SIX
DOLLARS AND TWENTY CENTS ON OR AFTER DECEMBER THIRTY-FIRST, TWO THOUSAND
FIFTEEN; SIX DOLLARS AND NINETY-FIVE CENTS ON OR AFTER DECEMBER THIRTY-
FIRST, TWO THOUSAND SIXTEEN AND ON OR AFTER DECEMBER THIRTY-FIRST, TWO
THOUSAND SEVENTEEN AND ON EACH FOLLOWING DECEMBER THIRTY-FIRST, THE
COMMISSIONER SHALL CALCULATE AND ESTABLISH AN ADJUSTED CASH WAGE RATE BY
INCREASING THE THEN CURRENT CASH WAGE RATE BY THE RATE OF INFLATION FOR
THE MOST RECENT TWELVE MONTH PERIOD AVAILABLE PRIOR TO EACH DECEMBER
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. Subdivision 6 of section 652 of the labor law is REPEALED.
S 5. Subdivision 2 of section 653 of the labor law, as added by chap-
ter 14 of the laws of 2000, is amended to read as follows:
(2) The commissioner shall, within six months after enactment of any
change in the statutory minimum wage set forth in subdivision one of
section six hundred fifty-two of this article, appoint a wage board to
inquire and report and recommend any changes to wage orders governing
wages payable to food service workers AND SERVICE EMPLOYEES PAID IN
ACCORDANCE WITH PART 146 OF TITLE 12 OF THE NEW YORK STATE COMPILATION
OF CODES, RULES AND REGULATIONS. Such wage board shall be established
consistent with the provisions of subdivision one of section six hundred
fifty-five of this article, except the representatives of the employees
shall be selected upon the nomination of the state American Federation
of Labor/Congress of Industrial Organizations; and provided, further,
that the representatives of the employers shall be selected upon the
nomination of the New York State Business Council. Any wage order
authorizing a lesser wage than the previously and statutorily mandated
minimum wage for such employees shall be reviewed by the wage board to
ascertain at what level such wage order is sufficient to provide
adequate maintenance and to protect the health and livelihood of employ-
ees subject to such a wage order after a statutory increase in the
mandated minimum wage.
S 6. Paragraph f of subdivision 1 of section 11 of the municipal home
rule law, as amended by chapter 21 of the laws of 1992, is amended to
read as follows:
f. Applies to or affects any provision of paragraph (c) of subdivision
one of section 8-100 of the election law, the labor law, EXCEPT AS
PROVIDED IN SUBDIVISION TWO OF SECTION SIX HUNDRED FIFTY-FOUR OF THE
LABOR LAW, sections two, three and four of chapter one thousand eleven
of the laws of nineteen hundred sixty-eight, entitled "An act in
relation to the maximum hours of labor of certain municipal and fire
district firemen and the holidays of firemen and policemen, repealing
certain sections of the labor law relating thereto, and to amend the
municipal home rule law, in relation thereto," as amended, the volunteer
[firemen's] FIREFIGHTERS' benefit law, or the [workmen's] WORKERS'
compensation law or changes any provision of the multiple residence law
or the multiple dwelling law, except that in a city of one million
persons or more, the provisions of local law for the enforcement of the
housing code which is not less restrictive than the multiple dwelling
law may be applied in the enforcement of the multiple dwelling law.
S 7. Section 654 of the labor law, as added by chapter 619 of the laws
of 1960, is amended to read as follows:
S. 203 4
S 654. Basis of changes in minimum wage. 1. In establishing minimum
wages and regulations for any occupation or occupations pursuant to the
provisions of the following sections of this article, the wage board and
the commissioner shall consider the amount sufficient to provide
adequate maintenance and to protect health and, in addition, the wage
board and the commissioner shall consider the value of the work or clas-
sification of work performed, and the wages paid in the state for work
of like or comparable character.
2. COUNTIES AND CITIES ARE AUTHORIZED TO ADOPT MINIMUM STANDARDS
RELATING TO WAGES, OR MECHANISMS FOR THE ENFORCEMENT THEREOF, THAT ARE
AT LEAST AS FAVORABLE TO EMPLOYEES AS THE MINIMUM STANDARDS APPLICABLE
UNDER THIS ARTICLE, PROVIDED THAT ANY MINIMUM WAGE ENACTED PURSUANT TO
THIS AUTHORITY FOR ANY CLASSIFICATION OF EMPLOYEES SHALL NOT BE MORE
THAN THIRTY PERCENT HIGHER THAN THE MINIMUM WAGE ESTABLISHED PURSUANT TO
THIS ARTICLE AND ARTICLE NINETEEN-A OF THIS CHAPTER. ANY SUCH STANDARDS
MAY ALSO BE ENFORCED BY THE COMMISSIONER USING ANY AND ALL ENFORCEMENT
METHODS PERMITTED BY THIS CHAPTER FOR ENFORCEMENT OF WAGE STANDARDS AND
PAYMENT.
S 8. Subdivision 1 of section 662 of the labor law, as amended by
chapter 564 of the laws of 2010, is amended to read as follows:
1. Failure to pay minimum wage or overtime compensation. Any employer
or his or her agent, or the officer or agent of any corporation, part-
nership, or limited liability company, who pays or agrees to pay to any
employee less than the wage applicable under this article, INCLUDING ANY
MINIMUM WAGE ESTABLISHED BY A COUNTY OR CITY, shall be guilty of a
misdemeanor and upon conviction therefor shall be fined not less than
five hundred nor more than twenty thousand dollars or imprisoned for not
more than one year, and, in the event that any second or subsequent
offense occurs within six years of the date of conviction for a prior
offense, shall be guilty of a felony for the second or subsequent
offense, and upon conviction therefor, shall be fined not less than five
hundred nor more than twenty thousand dollars or imprisoned for not more
than one year plus one day, or punished by both such fine and imprison-
ment, for each such offense. Each payment to any employee in any week of
less than the wage applicable under this article shall constitute a
separate offense.
S 9. This act shall take effect immediately.