S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3542
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 29, 2019
                                ___________
 
 Introduced  by  M.  of  A.  PALMESANO, BARCLAY, CROUCH, DiPIETRO, FINCH,
   GIGLIO, KOLB, GOODELL -- Multi-Sponsored by -- M. of  A.  BLANKENBUSH,
   BRABENEC,  FITZPATRICK,  FRIEND, HAWLEY, LALOR, LAWRENCE, MALLIOTAKIS,
   McDONOUGH, B. MILLER, MONTESANO, MORINELLO, RA, RAIA, STEC,  WALSH  --
   read once and referred to the Committee on Labor

 AN  ACT  to  amend  the  labor  law,  in  relation to minimum wage order
   increases
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  652  of the labor law is amended by adding a new
 subdivision 7 to read as follows:
   7. NEW WAGE ORDERS. NO NEW MINIMUM WAGE ORDER OR  MODIFICATION  OF  AN
 EXISTING  WAGE ORDER ISSUED BY THE COMMISSIONER PURSUANT TO THIS ARTICLE
 SHALL BE EFFECTIVE UNTIL THE LEGISLATURE AUTHORIZES  THE  WAGE  INCREASE
 CONTAINED WITHIN SUCH ORDER.
   § 2. Section 654 of the labor law, as added by chapter 619 of the laws
 of 1960, is amended to read as follows:
   §  654.  Basis  of  changes in minimum wage.   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.   FURTHER, THE COMMISSIONER  SHALL  USE
 EXISTING  EMPLOYMENT  DATA TO PREPARE AN ANALYSIS OF THE POSSIBLE AGGRE-
 GATE COST INCURRED BY BUSINESSES LOCATED WITHIN THE STATE  OF  NEW  YORK
 FOR SUCH AN INCREASE.
   §  3. Subdivision 4 of section 655 of the labor law, as added by chap-
 ter 619 of the laws of 1960, is amended to read as follows:

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07527-01-9
              

 A. 3542                             2
 
   4. Report. Within forty-five days of the appointment of the wage board
 to inquire into wages in any occupation or occupations, the board  shall
 (a) conduct public hearings and (b) submit to the commissioner a report,
 including  its  recommendations  as to minimum wages and regulations for
 the  employees  in such occupation or occupations. The report and recom-
 mendations of the board shall be submitted only after [a] THE  UNANIMOUS
 vote of [not less than a majority of] all its members in support of such
 report and recommendations. No report or recommendation of a panel shall
 be submitted without the prior vote of [not less than a majority of] all
 the  members  of  the board in support of such report or recommendation.
 The commissioner may extend up to ninety days  the  time  in  which  the
 report shall be submitted.
   § 4. Section 656 of the labor law, as added by chapter 619 of the laws
 of 1960, is amended to read as follows:
   §  656.  Action by commissioner upon wage board report.  When the wage
 board submits its report and recommendations to  the  commissioner,  the
 commissioner shall forthwith file them with the secretary of the depart-
 ment.  Within five days of their receipt, the commissioner shall publish
 a notice of such filing in at least ten  newspapers  of  general  circu-
 lation  in  the  state. Any objections to the report and recommendations
 shall be filed with the commissioner  within  fifteen  days  after  such
 publication.  The  commissioner  may,  if he deems it appropriate, order
 oral argument, which shall be scheduled before the commissioner, or such
 representative as he may designate, on five days' notice to the  persons
 who  have filed objections to the report and recommendations. Whether or
 not oral argument is scheduled, the commissioner shall [by order] accept
 [or], reject, OR MODIFY the board's report  and  recommendations  within
 forty-five  days  after  filing with the secretary of the department AND
 SUBMIT A REPORT TO THE LEGISLATURE, WHICH SHALL INCLUDE (I)  THE  RECOM-
 MENDATIONS  OF  THE  WAGE BOARD; (II) A STATEMENT INDICATING WHETHER THE
 COMMISSIONER ACCEPTS, REJECTS OR RECOMMENDS MODIFICATION OF THE  BOARD'S
 REPORT  AND  RECOMMENDATIONS; (III) ANY AND ALL OBJECTIONS TO THE REPORT
 AND RECOMMENDATIONS FILED WITH THE COMMISSIONER; AND (IV)  THE  ANALYSIS
 REQUIRED BY SECTION SIX HUNDRED FIFTY-FOUR OF THIS ARTICLE. [The commis-
 sioner  may  by  such  order  modify  the regulations recommended by the
 board. Such order of the commissioner shall become effective thirty days
 after publication, in the manner prescribed in this section, of a notice
 of such order.] The  commissioner  may,  within  such  forty-five  days,
 confer with the wage board, which may make such changes in its report or
 recommendations  as  it may deem fit.  The commissioner also may, within
 such forty-five days, remand the matter to the board  for  such  further
 proceeding as he may direct.
   § 5. This act shall take effect immediately.