NY State Senate Bill 2019-S4056

Archive: Last Bill Status - In Senate Committee Labor Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 26, 2019	referred to labor

co-Sponsors

2019-S4056 (ACTIVE) - Details

Current Committee:: Senate Labor
Law Section:: Labor Law
Laws Affected:: Amd §652, Lab L
Versions Introduced in 2017-2018 Legislative Session:: S5086

2019-S4056 (ACTIVE) - Summary

Requires an expert analysis and public hearings before wage orders shall take effect.

2019-S4056 (ACTIVE) - Sponsor Memo

2019-S4056 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4056
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 26, 2019
                                ___________
 
 Introduced by Sen. ANTONACCI -- read twice and ordered printed, and when
   printed to be committed to the Committee on Labor
 
 AN ACT to amend the labor law, in relation to requiring an expert analy-
   sis and public hearings before wage orders shall take effect
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. 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:
   2.  Existing wage orders. (A) 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.
   (B) Such minimum wage orders shall be modified by the commissioner  to
 increase  all  monetary amounts specified therein in the same proportion
 as the increase in the hourly minimum wage as  provided  in  subdivision
 one  of  this  section,  including the amounts specified in such minimum
 wage orders as allowances for gratuities,  and  when  furnished  by  the
 employer  to  its  employees, for meals, lodging, apparel and other such
 items, services and facilities. All amounts so modified shall be rounded
 off to the nearest five cents. The modified orders shall be  promulgated
 by the commissioner without a public hearing, and without reference to a
 wage  board,  and  shall  become effective on the effective date of such
 increases in the minimum wage  except  as  otherwise  provided  in  this
 subdivision, notwithstanding any other provision of this article.
    (C) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, ANY MINIMUM
 WAGE  ORDER ADOPTED ON OR AFTER THE EFFECTIVE DATE OF THE CHAPTER OF THE
 LAWS OF TWO THOUSAND NINETEEN THAT ADDED THIS PARAGRAPH,  INCLUDING  ANY
 WAGE  ORDER  ESTABLISHING OR MODIFYING OVERTIME THRESHOLDS FOR EMPLOYEES
 PAID A SALARY FOR SERVICES, SHALL ONLY BE ADOPTED  IF  THE  COMMISSIONER
 CONDUCTS AN ANALYSIS OF THE EFFECT OF THE INCREASE IN SUCH ORDER INCLUD-
 ING,  BUT  NOT  LIMITED TO, THE IMPACT UPON EMPLOYERS, EMPLOYEES AND THE
 ECONOMY OF THE STATE AND THE  AFFECTED  REGIONS  WITHIN  THE  STATE  AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD10089-01-9

 S. 4056                             2
 
 FOLLOWING  AT  LEAST TWO PUBLIC HEARINGS, WITH AT LEAST ONE SUCH HEARING
 BEING HELD OUTSIDE OF NEW YORK CITY. IN  CONDUCTING  THE  ANALYSIS,  THE
 COMMISSIONER  SHALL  CONSULT  WITH THE DEPARTMENT'S DIVISION OF RESEARCH
 AND  STATISTICS,  THE  UNITED  STATES  DEPARTMENT  OF LABOR, THE FEDERAL
 RESERVE BANK OF NEW YORK AND OTHER ECONOMIC  EXPERTS.  THE  COMMISSIONER
 SHALL  REFERENCE WELL-ESTABLISHED ECONOMIC INDEXES AND ACCEPTED ECONOMIC
 FACTORS IN DETERMINING WHETHER A MODIFICATION TO THE MINIMUM WAGE  ORDER
 IS JUSTIFIED AND THE EXTENT OF ANY SUCH MODIFICATION. ANY ANALYSIS SHALL
 BE SEPARATE AND DISTINCT FROM AN INVESTIGATION BY THE COMMISSIONER AND A
 REPORT  AND RECOMMENDATION BY A WAGE BOARD RELATED TO AN INCREASE IN THE
 MINIMUM WAGE, AS PROVIDED FOR IN THIS ARTICLE.
   § 2. Subdivision 5 of section 652 of the  labor  law,  as  amended  by
 section  2  of  part  K of chapter 54 of the laws of 2016, is amended to
 read as follows:
   5. Notwithstanding subdivisions one and two of this section, meal  and
 lodging  allowances  for  a  food  service  worker receiving a cash wage
 pursuant to subdivision four of this section  shall  not  increase  more
 than two-thirds of the increase [required] AUTHORIZED by subdivision two
 of  this  section  as applied to state wage orders in effect pursuant to
 subdivision one of this section.
   § 3. This act shall take effect immediately  and  apply  to  any  wage
 orders adopted on or after such date.

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Senate Bill S4056

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