S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6900
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 24, 2017
                                ___________
 
 Introduced  by  M.  of  A.  SCHIMMINGER -- read once and referred to the
   Committee on Labor
 
 AN ACT to amend the labor law, in relation to directing the commissioner
   of labor to smooth existing wage  orders  to  conform  with  statutory
   changes  to  the  minimum  wage,  specifically  the  Wage Order issued
   September 15, 2015 relative to  fast-food  employees;  and  to  repeal
   section  5  of  part K of chapter 54 of the laws of 2016, amending the
   labor law relating to the rate of minimum wage
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  opening paragraph of subdivision 2 of section 652 of
 the labor law, as amended by chapter 38 of the laws of 1990, is  amended
 to read as follows:
   The  minimum  wage  orders in effect on the effective date of this act
 shall remain in full force and effect, except as modified in  accordance
 with  the  provisions of this article; PROVIDED FURTHER, THAT ANY FUTURE
 WAGE INCREASES PURSUANT TO THE SEPTEMBER 10, 2015 WAGE ORDER RELATIVE TO
 FAST-FOOD EMPLOYEES SHALL NOT BE ENACTED. THE WAGE FOR FAST-FOOD EMPLOY-
 EES IN EFFECT ON THE EFFECTIVE DATE OF THIS ACT SHALL REMAIN  IN  EFFECT
 UNTIL  SUCH  TIME AS THE MINIMUM WAGE AS PROVIDED FOR IN SUBDIVISION ONE
 OF THIS SECTION SHALL EXCEED SUCH WAGE AT WHICH TIME THE WAGE FOR  FAST-
 FOOD EMPLOYEES SHALL BE THE WAGE PROVIDED FOR IN SUBDIVISION ONE OF THIS
 SECTION.
   §  2.  Subdivision  2  of  section 657 of the labor law, as amended by
 chapter 102 of the laws of 1968, is amended to read as follows:
   2. Review by board of standards and appeals. Any person  in  interest,
 including  a  labor organization or employer association, in any occupa-
 tion for which a minimum wage order or regulation has been issued  under
 the  provisions  of this article who is aggrieved by such order or regu-
 lation may obtain review before the board of standards  and  appeals  by
 filing  with  said  board,  within forty-five days after the date of the
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10532-01-7

 A. 6900                             2
 
 publication of the notice of such order or regulation, a  written  peti-
 tion requesting that the order or regulation be modified or set aside. A
 copy of such petition shall be served promptly upon the commissioner. On
 such  appeal,  the commissioner shall certify and file with the board of
 standards and appeals a transcript of the entire record,  including  the
 testimony  and evidence upon which such order or regulation was made and
 the report of the wage board. The board of standards and  appeals,  upon
 the  record  certified  and filed by the commissioner, shall, after oral
 argument, determine whether the order or  regulation  appealed  from  is
 [contrary  to law] INVALID OR UNREASONABLE. Within forty-five days after
 the expiration of the time for the filing of a petition,  the  board  of
 standards  and  appeals  shall  issue  an  order confirming, amending or
 setting aside the order  or  regulation  appealed  from.  The  appellate
 jurisdiction  of  the  board of standards and appeals shall be exclusive
 and its order final except that the same shall be subject to  an  appeal
 taken  directly  to  the  appellate division of the supreme court, third
 judicial department, within sixty days after its order  is  issued.  The
 commissioner  shall be considered an aggrieved party entitled to take an
 appeal from an order of the board of standards and appeals.
   § 3. Section 5 of part K of chapter 54 of the laws of  2016,  amending
 the labor law, relating to the rate of minimum wage, is REPEALED.
   § 4.  Section 659 of the labor law is amended by adding a new subdivi-
 sion 3 to read as follows:
   3.  BY  COMMISSIONER.  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,
 CONFORM ALL WAGE ORDERS IN EFFECT ON THE EFFECTIVE DATE OF  SUCH  LEGIS-
 LATION  TO THE STATUTORY MINIMUM WAGE, PROVIDED FURTHER THAT IN NO EVENT
 MAY A WORKER'S WAGES BE REDUCED BY SUCH CONFORMITY.
   § 5. This act shall take effect immediately.