NY State Senate Bill 2021-S3062

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Nov 09, 2022	print number 3062d
Nov 09, 2022	amend (t) and recommit to labor
May 10, 2022	print number 3062c
May 10, 2022	amend and recommit to labor
Jan 05, 2022	referred to labor
May 18, 2021	print number 3062b
May 18, 2021	amend and recommit to labor
Apr 21, 2021	print number 3062a
Apr 21, 2021	amend and recommit to labor
Jan 27, 2021	referred to labor

2021-S3062 - Details

Current Committee:: Senate Labor
Law Section:: Labor Law
Laws Affected:: Amd §652, rpld §652 sub 6, Lab L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S9085
2023-2024: S1978

2021-S3062 - Summary

Increases the minimum wage annually; provides for the enforcement of the minimum wage; repeals certain provisions of law relating thereto.

2021-S3062 - Sponsor Memo

                                
 
BILL NUMBER: S3062

SPONSOR: RAMOS
 
TITLE OF BILL:

An act to amend the labor law, in relation to raising the minimum wage
annually by a percentage which is based on inflation; and to repeal
subdivision 6 of section 652 of the labor law relating thereto

 
PURPOSE OR GENERAL IDEA OF BILL:

Ensures that the minimum wage keeps up with rising prices.

 
SUMMARY OF PROVISIONS:

Section 1: Amends the labor law Section 652 to require the Commissioner
of Labor to publish a new, increased minimum wage on or before October
first of each year. The new wage will be the current minimum wage
increased by the June-June rate of inflation as measured by the consumer
price index for all urban consumers (CPI-U). When inflation is positive,
the new minimum wage takes effect on December 31st. Section c requires

the Commissioner of Labor to announce upstate wage increases with the
rate of inflation according to the same procedure once the upstate mini-
mum wage reaches fifteen dollars.

Section 2 repeals subdivision 6 of section 652 of labor law. Section 3
establishes an immediate effective date.

 
JUSTIFICATION:

In New York State, roughly one million workers--16.4% of New York
State's workforce--earn the minimum wage. Beginning in 2012, the nation-
wide Fight for Fifteen movement publicized the inadequacy of the minimum
wage and in part led state lawmakers to gradually increase the minimum
wage in New York. New York City reached a $15 minimum wage in 2019, and
the rest of downstate will attain a $15 minimum wage in 2021. The
upstate minimum wage is currently $12.50 and will increase each year
according to inflation and other indicators as determined by the commis-
sioner until it reaches $15.  Historically, yearly gains in inflation
have decreased the value of the minimum wage, chipping away at workers'
purchasing power and leading to hardship for many. Increases in minimum
wage historically have not occurred each year in New York State. Each
year that inflation increases and wages at the bottom do not, workers in
the lowest-paying positions struggle to pay bills, feed their families,
and access transportation. Across the state, minimum wage workers are
disproportionately women and people of color, groups which also face
significant barriers to advancement.

By joining more than a dozen other states that have tied minimum wage to
inflation, minimum wage workers in New York State will maintain their
purchasing power without yearly legislative action.

 
LEGISLATIVE HISTORY:

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S3062 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3062
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 27, 2021
                                ___________
 
 Introduced  by  Sen.  RAMOS  -- 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 raising the  minimum  wage
   annually  by  a  percentage which is based on inflation; and to repeal
   subdivision 6 of section 652 of the labor law relating thereto

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision 1 of section 652 of the labor law, as amended
 by section 1 of part K of chapter 54 of the laws of 2016, is 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,
   $8.00 on and after December 31, 2013,
   $8.75 on and after December 31, 2014,
   $9.00 on and after December 31, 2015,
   and until December 31, 2016, 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.
   (a) New York City. (i) Large employers. Every employer  of  eleven  or
 more  employees  shall pay to each of its employees for each hour worked
 in the city of New York a wage of not less than:
   $11.00 per hour on and after December 31, 2016,
   $13.00 per hour on and after December 31, 2017,
   $15.00 per hour on and after December 31, 2018,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06653-02-1

 S. 3062                             2
 
   AND ON EACH FOLLOWING DECEMBER THIRTY-FIRST, A WAGE PUBLISHED  BY  THE
 COMMISSIONER ON OR BEFORE OCTOBER FIRST, BASED ON THE THEN CURRENT MINI-
 MUM  WAGE  INCREASED BY THE RATE OF INFLATION, IF GREATER THAN ZERO, FOR
 THE MOST RECENT TWELVE MONTH PERIOD ENDING JUNE OF THAT  YEAR  BASED  ON
 THE  CONSUMER  PRICE  INDEX  FOR  ALL  URBAN CONSUMERS ON A NATIONAL AND
 SEASONALLY UNADJUSTED BASIS (CPI-U), OR A SUCCESSOR INDEX AS  CALCULATED
 BY  THE  UNITED  STATES  DEPARTMENT OF LABOR, 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.
   (ii)  Small  employers.  Every employer of ten or less employees shall
 pay to each of its employees for each hour worked in  the  city  of  New
 York a wage of not less than:
   $10.50 per hour on and after December 31, 2016,
   $12.00 per hour on and after December 31, 2017,
   $13.50 per hour on and after December 31, 2018,
   $15.00 per hour on and after December 31, 2019,
   AND  ON  EACH FOLLOWING DECEMBER THIRTY-FIRST, A WAGE PUBLISHED BY THE
 COMMISSIONER ON OR BEFORE OCTOBER FIRST, BASED ON THE THEN CURRENT MINI-
 MUM WAGE INCREASED BY THE RATE OF INFLATION, IF GREATER THAN  ZERO,  FOR
 THE  MOST  RECENT  TWELVE MONTH PERIOD ENDING JUNE OF THAT YEAR BASED ON
 THE CONSUMER PRICE INDEX FOR ALL  URBAN  CONSUMERS  ON  A  NATIONAL  AND
 SEASONALLY  UNADJUSTED BASIS (CPI-U), OR A SUCCESSOR INDEX AS CALCULATED
 BY THE UNITED STATES DEPARTMENT OF LABOR, 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.
   (b) Remainder of downstate. Every employer shall pay to  each  of  its
 employees  for  each  hour worked in the counties of Nassau, Suffolk and
 Westchester a wage not less than:
   $10.00 per hour on and after December 31, 2016,
   $11.00 per hour on and after December 31, 2017,
   $12.00 per hour on and after December 31, 2018,
   $13.00 per hour on and after December 31, 2019,
   $14.00 per hour on and after December 31, 2020,
   $15.00 per hour on and after December 31, 2021,
   AND ON EACH FOLLOWING DECEMBER THIRTY-FIRST, A WAGE PUBLISHED  BY  THE
 COMMISSIONER ON OR BEFORE OCTOBER FIRST, BASED ON THE THEN CURRENT MINI-
 MUM  WAGE  INCREASED BY THE RATE OF INFLATION, IF GREATER THAN ZERO, FOR
 THE MOST RECENT TWELVE MONTH PERIOD ENDING JUNE OF THAT  YEAR  BASED  ON
 THE  CONSUMER  PRICE  INDEX  FOR  ALL  URBAN CONSUMERS ON A NATIONAL AND
 SEASONALLY UNADJUSTED BASIS (CPI-U), OR A SUCCESSOR INDEX AS  CALCULATED
 BY  THE  UNITED  STATES  DEPARTMENT OF LABOR, 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.
   (c) Remainder of state. Every  employer  shall  pay  to  each  of  its
 employees  for  each hour worked outside of the city of New York and the
 counties of Nassau, Suffolk, and Westchester, a wage of not less than:
   $9.70 on and after December 31, 2016,
   $10.40 on and after December 31, 2017,
   $11.10 on and after December 31, 2018,
   $11.80 on and after December 31, 2019,
   $12.50 on and after December 31, 2020,
   and on each following December thirty-first, a wage published  by  the
 commissioner on or before October first, based on the then current mini-

 S. 3062                             3
 
 mum  wage  increased  by  a percentage determined by the director of the
 budget in consultation with the commissioner, with the result rounded to
 the nearest five cents, totaling no more than fifteen dollars, where the
 percentage increase shall be based on indices including, but not limited
 to, (i) the rate of inflation, IF GREATER THAN ZERO, for the most recent
 twelve month period ending June of that year based on the consumer price
 index  for  all  urban consumers on a national and seasonally unadjusted
 basis (CPI-U), or a successor index as calculated by the  United  States
 department  of  labor, (ii) the rate of state personal income growth for
 the prior calendar year, or a successor index, published by  the  bureau
 of  economic  analysis  of  the United States department of commerce, or
 (iii) wage growth; 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.  AFTER AMOUNTING TO FIFTEEN DOLLARS, THE UPSTATE  MINI-
 MUM  WAGE  SHALL INCREASE EACH DECEMBER THIRTY-FIRST BY A WAGE PUBLISHED
 BY THE COMMISSIONER ON OR  BEFORE  OCTOBER  FIRST,  BASED  ON  THE  THEN
 CURRENT MINIMUM WAGE INCREASED BY THE RATE OF INFLATION, IF GREATER THAN
 ZERO,  FOR  THE MOST RECENT TWELVE MONTH PERIOD ENDING JUNE OF THAT YEAR
 BASED ON THE CONSUMER PRICE INDEX FOR ALL URBAN CONSUMERS ON A  NATIONAL
 AND  SEASONALLY UNADJUSTED BASIS (CPI-U), OR A SUCCESSOR INDEX AS CALCU-
 LATED BY THE UNITED STATES DEPARTMENT OF LABOR,  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.
   (d)  The  rates and schedules established in paragraphs (a) and (b) of
 this subdivision shall not be deemed to be the minimum wage  under  this
 subdivision  for  purposes of the calculations specified in subdivisions
 one and two of section five hundred twenty-seven of this chapter.
   § 2. Subdivision 6 of section 652 of the labor law is REPEALED.
   § 3. This act shall take effect immediately.

co-Sponsors

2021-S3062A - Details

Current Committee:: Senate Labor
Law Section:: Labor Law
Laws Affected:: Amd §652, rpld §652 sub 6, Lab L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S9085
2023-2024: S1978

2021-S3062A - Summary

Increases the minimum wage annually; provides for the enforcement of the minimum wage; repeals certain provisions of law relating thereto.

2021-S3062A - Sponsor Memo

                                 
BILL NUMBER: S3062a

SPONSOR: RAMOS
 
TITLE OF BILL:

An act to amend the labor law, in relation to raising the minimum wage
annually by a percentage which is based on inflation; and to repeal
subdivision 6 of section 652 of the labor law relating thereto

 
PURPOSE OR GENERAL IDEA OF BILL:

Ensures that the minimum wage keeps up with rising prices.

 
SUMMARY OF PROVISIONS:

Section 1: Amends the labor law Section 652 to require the Commissioner
of Labor to publish a new, increased minimum wage on or before October
first of each year. The new wage will be the current minimum wage
increased by the June-June rate of inflation as measured by the consumer
price index for all urban consumers (CPI-U). When inflation is positive,
the new minimum wage takes effect on December 31st. Subsection c
increases the upstate minimum wage to $15 over three years, reaching $15

on December 31,2023, and then ties the upstate minimum wage to
inflation.

Section 2 repeals subdivision 6 of section 652 of labor law.

Section 3 establishes an immediate effective date.

 
JUSTIFICATION:

In New York State, roughly one million workers--16.4% of New York
State's workforce--earn the minimum wage. Beginning in 2012, the nation-
wide Fight for Fifteen movement publicized the inadequacy of the minimum
wage and in part led state lawmakers to gradually increase the minimum
wage in New York. New York City reached a $15 minimum wage in 2019, and
the rest of downstate will attain a $15 minimum wage in 2021. The
upstate minimum wage is currently $12.50.  Current law would increase
upstate's minimum wage each year according to inflation and other indi-
cators as determined by the Commissioner until it reaches $15.

Historically, yearly gains in inflation have decreased the value of the
minimum wage, chipping away at workers' purchasing power and leading to
hardship for many. Increases in minimum wage historically have not
occurred each year in New York State. Each year that inflation increases
and wages at the bottom do not, workers in the lowest-paying positions
struggle to pay bills, feed their families, and access transportation.
Across the state, minimum wage workers are disproportionately women and
people of color, groups which also face significant barriers to advance-
ment.

By joining eighteen other states that have tied minimum wage to
inflation, minimum wage workers in New York State will maintain their
purchasing power without yearly legislative action.

 
LEGISLATIVE HISTORY:

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S3062A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3062--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 27, 2021
                                ___________
 
 Introduced  by  Sen.  RAMOS  -- read twice and ordered printed, and when
   printed to be  committed  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 raising the minimum wage
   annually by a percentage which is based on inflation;  and  to  repeal
   subdivision 6 of section 652 of the labor law relating thereto
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1 of section 652 of the labor law,  as  amended
 by  section 1 of part K of chapter 54 of the laws of 2016, is 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,
   $8.00 on and after December 31, 2013,
   $8.75 on and after December 31, 2014,
   $9.00 on and after December 31, 2015,
   and until December 31, 2016, 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.
   (a)  New  York  City. (i) Large employers. Every employer of eleven or
 more employees shall pay to each of its employees for each  hour  worked
 in the city of New York a wage of not less than:
   $11.00 per hour on and after December 31, 2016,
   $13.00 per hour on and after December 31, 2017,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD06653-03-1

 S. 3062--A                          2

   $15.00 per hour on and after December 31, 2018,
   AND  ON  EACH FOLLOWING DECEMBER THIRTY-FIRST, A WAGE PUBLISHED BY THE
 COMMISSIONER ON OR BEFORE OCTOBER FIRST, BASED ON THE THEN CURRENT MINI-
 MUM WAGE INCREASED BY THE RATE OF INFLATION, IF GREATER THAN  ZERO,  FOR
 THE  MOST  RECENT  TWELVE MONTH PERIOD ENDING JUNE OF THAT YEAR BASED ON
 THE CONSUMER PRICE INDEX FOR ALL  URBAN  CONSUMERS  ON  A  NATIONAL  AND
 SEASONALLY  UNADJUSTED BASIS (CPI-U), OR A SUCCESSOR INDEX AS CALCULATED
 BY THE UNITED STATES DEPARTMENT OF LABOR, 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.
   (ii) Small employers. Every employer of ten or  less  employees  shall
 pay  to  each  of  its employees for each hour worked in the city of New
 York a wage of not less than:
   $10.50 per hour on and after December 31, 2016,
   $12.00 per hour on and after December 31, 2017,
   $13.50 per hour on and after December 31, 2018,
   $15.00 per hour on and after December 31, 2019,
   AND ON EACH FOLLOWING DECEMBER THIRTY-FIRST, A WAGE PUBLISHED  BY  THE
 COMMISSIONER ON OR BEFORE OCTOBER FIRST, BASED ON THE THEN CURRENT MINI-
 MUM  WAGE  INCREASED BY THE RATE OF INFLATION, IF GREATER THAN ZERO, FOR
 THE MOST RECENT TWELVE MONTH PERIOD ENDING JUNE OF THAT  YEAR  BASED  ON
 THE  CONSUMER  PRICE  INDEX  FOR  ALL  URBAN CONSUMERS ON A NATIONAL AND
 SEASONALLY UNADJUSTED BASIS (CPI-U), OR A SUCCESSOR INDEX AS  CALCULATED
 BY  THE  UNITED  STATES  DEPARTMENT OF LABOR, 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.
   (b)  Remainder  of  downstate. Every employer shall pay to each of its
 employees for each hour worked in the counties of  Nassau,  Suffolk  and
 Westchester a wage not less than:
   $10.00 per hour on and after December 31, 2016,
   $11.00 per hour on and after December 31, 2017,
   $12.00 per hour on and after December 31, 2018,
   $13.00 per hour on and after December 31, 2019,
   $14.00 per hour on and after December 31, 2020,
   $15.00 per hour on and after December 31, 2021,
   AND  ON  EACH FOLLOWING DECEMBER THIRTY-FIRST, A WAGE PUBLISHED BY THE
 COMMISSIONER ON OR BEFORE OCTOBER FIRST, BASED ON THE THEN CURRENT MINI-
 MUM WAGE INCREASED BY THE RATE OF INFLATION, IF GREATER THAN  ZERO,  FOR
 THE  MOST  RECENT  TWELVE MONTH PERIOD ENDING JUNE OF THAT YEAR BASED ON
 THE CONSUMER PRICE INDEX FOR ALL  URBAN  CONSUMERS  ON  A  NATIONAL  AND
 SEASONALLY  UNADJUSTED BASIS (CPI-U), OR A SUCCESSOR INDEX AS CALCULATED
 BY THE UNITED STATES DEPARTMENT OF LABOR, 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.
   (c)  Remainder  of  state.  Every  employer  shall  pay to each of its
 employees for each hour worked outside of the city of New York  and  the
 counties of Nassau, Suffolk, and Westchester, a wage of not less than:
   $9.70 on and after December 31, 2016,
   $10.40 on and after December 31, 2017,
   $11.10 on and after December 31, 2018,
   $11.80 on and after December 31, 2019,
   $12.50 on and after December 31, 2020,
   $13.33 ON AND AFTER DECEMBER 31, 2021,

 S. 3062--A                          3
 
   $14.16 ON AND AFTER DECEMBER 31, 2022,
   $15.00 ON AND AFTER DECEMBER 31, 2023,
   and  on  each following December thirty-first, a wage published by the
 commissioner on or before October first, based on the then current mini-
 mum wage increased by THE RATE OF INFLATION, IF GREATER THAN  ZERO,  FOR
 THE MOST RECENT TWELVE MONTH PERIOD ENDING JUNE OF THAT  YEAR  BASED  ON
 THE   CONSUMER  PRICE INDEX  FOR  ALL  URBAN CONSUMERS ON A NATIONAL AND
 SEASONALLY UNADJUSTED BASIS (CPI-U), OR A SUCCESSOR INDEX AS  CALCULATED
 BY  THE  UNITED STATES  DEPARTMENT OF LABOR, 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.
   (d)  The  rates and schedules established in paragraphs (a) and (b) of
 this subdivision shall not be deemed to be the minimum wage  under  this
 subdivision  for  purposes of the calculations specified in subdivisions
 one and two of section five hundred twenty-seven of this chapter.
   § 2. Subdivision 6 of section 652 of the labor law is REPEALED.
   § 3. This act shall take effect immediately.

co-Sponsors

View additional co-sponsors

2021-S3062B - Details

Current Committee:: Senate Labor
Law Section:: Labor Law
Laws Affected:: Amd §652, rpld §652 sub 6, Lab L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S9085
2023-2024: S1978

2021-S3062B - Summary

Increases the minimum wage annually; provides for the enforcement of the minimum wage; repeals certain provisions of law relating thereto.

2021-S3062B - Sponsor Memo

                                
 
BILL NUMBER: S3062B

SPONSOR: RAMOS
 
TITLE OF BILL:

An act to amend the labor law, in relation to raising the minimum wage
annually by a percentage which is based on inflation; and to repeal
subdivision 6 of section 652 of the labor law relating thereto

 
PURPOSE OR GENERAL IDEA OF BILL:

Ensures that the minimum wage keeps up with rising prices.

 
SUMMARY OF PROVISIONS:

Section 1: Amends the labor law Section 652 to require the Commissioner
of Labor to publish a new, increased minimum wage on or before October
first of each year. The new wage will be the current minimum wage
increased by the June-June rate of inflation as measured by the consumer
price index for all urban consumers (CPI-U). When inflation is positive,
the new minimum wage takes effect on December 31st. Subsection c

increases the upstate minimum wage to $15 over three years, reaching $15
on December 31,2023, and then ties the upstate minimum wage to
inflation.

Section 2 repeals subdivision 6 of section 652 of labor law. Section 3
establishes an immediate effective date.

 
JUSTIFICATION:

In New York State, roughly one million workers--16.4% of New York
State's workforce--earn the minimum wage. Beginning in 2012, the nation-
wide Fight for Fifteen movement publicized the inadequacy of the minimum
wage and in part led state lawmakers to gradually increase the minimum
wage in New York. New York City reached a $15 minimum wage in 2019, and
the rest of downstate will attain a $15 minimum wage in 2021. The
upstate minimum wage is currently $12.50.  Current law would increase
upstate's minimum wage each year according to inflation and other indi-
cators as determined by the Commissioner until it reaches $15.

Historically, yearly gains in inflation have decreased the value of the
minimum wage, chipping away at workers' purchasing power and leading to
hardship for many. Increases in minimum wage historically have not
occurred each year in New York State. Each year that inflation increases
and wages at the bottom do not, workers in the lowest-paying positions
struggle to pay bills, feed their families, and access transportation.
Across the state, minimum wage workers are disproportionately women and
people of color, groups which also face significant barriers to advance-
ment.

By joining eighteen other states that have tied minimum wage to
inflation, minimum wage workers in New York State will maintain their
purchasing power without yearly legislative action.

 
LEGISLATIVE HISTORY:

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.
 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S3062B - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3062--B
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 27, 2021
                                ___________
 
 Introduced  by  Sens. RAMOS, BRISPORT, JACKSON -- read twice and ordered
   printed, and when printed to be committed to the Committee on Labor --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted  to  said committee -- committee discharged, bill amended,
   ordered reprinted as amended and recommitted to said committee

 AN ACT to amend the labor law, in relation to raising the  minimum  wage
   annually  by  a  percentage which is based on inflation; and to repeal
   subdivision 6 of section 652 of the labor law relating thereto
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision 1 of section 652 of the labor law, as amended
 by section 1 of part K of chapter 54 of the laws of 2016, is 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,
   $8.00 on and after December 31, 2013,
   $8.75 on and after December 31, 2014,
   $9.00 on and after December 31, 2015,
   and until December 31, 2016, 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.
   (a) New York City. (i) Large employers. Every employer  of  eleven  or
 more  employees  shall pay to each of its employees for each hour worked
 in the city of New York a wage of not less than:
   $11.00 per hour on and after December 31, 2016,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD06653-07-1

 S. 3062--B                          2

   $13.00 per hour on and after December 31, 2017,
   $15.00 per hour on and after December 31, 2018,
   AND  ON  EACH FOLLOWING DECEMBER THIRTY-FIRST, A WAGE PUBLISHED BY THE
 COMMISSIONER ON OR BEFORE OCTOBER FIRST, BASED ON THE THEN CURRENT MINI-
 MUM WAGE INCREASED BY THE RATE OF INFLATION, IF GREATER THAN  ZERO,  FOR
 THE  MOST  RECENT  TWELVE MONTH PERIOD ENDING JUNE OF THAT YEAR BASED ON
 THE CONSUMER PRICE INDEX FOR ALL  URBAN  CONSUMERS  ON  A  NATIONAL  AND
 SEASONALLY  UNADJUSTED BASIS (CPI-U), OR A SUCCESSOR INDEX AS CALCULATED
 BY THE UNITED STATES DEPARTMENT OF LABOR, 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.
   (ii) Small employers. Every employer of ten or  less  employees  shall
 pay  to  each  of  its employees for each hour worked in the city of New
 York a wage of not less than:
   $10.50 per hour on and after December 31, 2016,
   $12.00 per hour on and after December 31, 2017,
   $13.50 per hour on and after December 31, 2018,
   $15.00 per hour on and after December 31, 2019,
   AND ON EACH FOLLOWING DECEMBER THIRTY-FIRST, A WAGE PUBLISHED  BY  THE
 COMMISSIONER ON OR BEFORE OCTOBER FIRST, BASED ON THE THEN CURRENT MINI-
 MUM  WAGE  INCREASED BY THE RATE OF INFLATION, IF GREATER THAN ZERO, FOR
 THE MOST RECENT TWELVE MONTH PERIOD ENDING JUNE OF THAT  YEAR  BASED  ON
 THE  CONSUMER  PRICE  INDEX  FOR  ALL  URBAN CONSUMERS ON A NATIONAL AND
 SEASONALLY UNADJUSTED BASIS (CPI-U), OR A SUCCESSOR INDEX AS  CALCULATED
 BY  THE  UNITED  STATES  DEPARTMENT OF LABOR, 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.
   (b)  Remainder  of  downstate. Every employer shall pay to each of its
 employees for each hour worked in the counties of  Nassau,  Suffolk  and
 Westchester a wage not less than:
   $10.00 per hour on and after December 31, 2016,
   $11.00 per hour on and after December 31, 2017,
   $12.00 per hour on and after December 31, 2018,
   $13.00 per hour on and after December 31, 2019,
   $14.00 per hour on and after December 31, 2020,
   $15.00 per hour on and after December 31, 2021,
   AND  ON  EACH FOLLOWING DECEMBER THIRTY-FIRST, A WAGE PUBLISHED BY THE
 COMMISSIONER ON OR BEFORE OCTOBER FIRST, BASED ON THE THEN CURRENT MINI-
 MUM WAGE INCREASED BY THE RATE OF INFLATION, IF GREATER THAN  ZERO,  FOR
 THE  MOST  RECENT  TWELVE MONTH PERIOD ENDING JUNE OF THAT YEAR BASED ON
 THE CONSUMER PRICE INDEX FOR ALL  URBAN  CONSUMERS  ON  A  NATIONAL  AND
 SEASONALLY  UNADJUSTED BASIS (CPI-U), OR A SUCCESSOR INDEX AS CALCULATED
 BY THE UNITED STATES DEPARTMENT OF LABOR, 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.
   (c)  Remainder  of  state.  Every  employer  shall  pay to each of its
 employees for each hour worked outside of the city of New York  and  the
 counties of Nassau, Suffolk, and Westchester, a wage of not less than:
   $9.70 on and after December 31, 2016,
   $10.40 on and after December 31, 2017,
   $11.10 on and after December 31, 2018,
   $11.80 on and after December 31, 2019,
   $12.50 on and after December 31, 2020,

 S. 3062--B                          3
 
   $13.33 ON AND AFTER DECEMBER 31, 2021,
   $14.16 ON AND AFTER DECEMBER 31, 2022,
   $15.00 ON AND AFTER DECEMBER 31, 2023,
   and  on  each following December thirty-first, a wage published by the
 commissioner on or before October first, based on the then current mini-
 mum wage increased by [a percentage determined by the  director  of  the
 budget in consultation with the commissioner, with the result rounded to
 the nearest five cents, totaling no more than fifteen dollars, where the
 percentage increase shall be based on indices including, but not limited
 to,  (i)  the  rate of inflation for the most recent twelve month period
 ending June of that year based on the consumer price index for all urban
 consumers on a national and seasonally unadjusted basis  (CPI-U),  or  a
 successor  index as calculated by the United States department of labor,
 (ii) the rate of state personal income growth  for  the  prior  calendar
 year, or a successor index, published by the bureau of economic analysis
 of  the United States department of commerce, or (iii) wage growth;] THE
 RATE OF INFLATION, IF GREATER THAN ZERO, FOR   THE  MOST  RECENT  TWELVE
 MONTH  PERIOD  ENDING JUNE OF THAT  YEAR  BASED  ON THE  CONSUMER  PRICE
 INDEX  FOR  ALL  URBAN CONSUMERS ON A NATIONAL  AND    SEASONALLY  UNAD-
 JUSTED  BASIS  (CPI-U),  OR  A  SUCCESSOR INDEX AS   CALCULATED BY   THE
 UNITED STATES  DEPARTMENT OF LABOR, 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.
   (d)  The  rates and schedules established in paragraphs (a) and (b) of
 this subdivision shall not be deemed to be the minimum wage  under  this
 subdivision  for  purposes of the calculations specified in subdivisions
 one and two of section five hundred twenty-seven of this chapter.
   § 2. Subdivision 6 of section 652 of the labor law is REPEALED.
   § 3. This act shall take effect immediately.

co-Sponsors

View additional co-sponsors

2021-S3062C - Details

Current Committee:: Senate Labor
Law Section:: Labor Law
Laws Affected:: Amd §652, rpld §652 sub 6, Lab L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S9085
2023-2024: S1978

2021-S3062C - Summary

Increases the minimum wage annually; provides for the enforcement of the minimum wage; repeals certain provisions of law relating thereto.

2021-S3062C - Sponsor Memo

                                 
BILL NUMBER: S3062C

SPONSOR: RAMOS
 
TITLE OF BILL:

An act to amend the labor law, in relation to raising the minimum wage
annually by a percentage which is based on inflation; and to repeal
subdivision 6 of section 652 of the labor law relating thereto

 
PURPOSE OR GENERAL IDEA OF BILL:

Ensures that the minimum wage keeps up with rising prices.

 
SUMMARY OF PROVISIONS:

Section 1: This act shall be known and cited as the Raise the Wage Act

Section 2: Legislative findings

Section 3: Amends the labor law Section 652 to include rates of minimum
wage 2023, 2024, 2025, 2026 and index to inflation after said date.
After 2026, the Commissioner of Labor will publish a new, increased

minimum wage on or before October first of each year. The new wage will
be the current minimum wage increased by June. The June rate of
inflation as measured by the consumer price index for all urban consum-
ers (CPI-U). When inflation is positive, the new minimum wage takes
effect on December 31st.

Section 4: Subdivision 6 of section 652 of the labor law is REPEALED.

Section 5. Established local wage enforcement authority for a city of
one million or more.

Section 6: Effective date.

 
JUSTIFICATION:

In New York State, roughly one million workers--16.4% of New York
State's workforce-earn the minimum wage. Beginning in 2012, the nation-
wide Fight for Fifteen movement publicized the inadequacy of the minimum
wage and in part led state lawmakers to gradually increase the minimum
wage in New York. New York City reached a $15 minimum wage in 2019, and
the rest of downstate to attain a $15 minimum wage in 2021. The upstate
minimum wage is currently $14.20. Current law would increase upstate's
minimum wage each year according to inflation and other indicators as
determined by the Commissioner until it reaches $15.

Historically, yearly gains in inflation have decreased the value of the
minimum wage, chipping away at workers' purchasing power and leading to
hardship for many. Increases in minimum wage historically have not
occurred each year in New York State. Each year that inflation increases
and wages at the bottom do not, workers in the lowest-paying positions
struggle to pay bills, feed their families, and access transportation.
Across the state, minimum wage workers are disproportionately women and
people of color, groups that also face significant barriers to advance-
ment.



By joining eighteen other states that have tied the minimum wage to
inflation, minimum wage workers in New York State will maintain their
purchasing power without yearly legislative action.

 
LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S3062C - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3062--C
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 27, 2021
                                ___________
 
 Introduced by Sens. RAMOS, BIAGGI, BRISPORT, CLEARE, GOUNARDES, JACKSON,
   KAVANAGH, KRUEGER, REICHLIN-MELNICK -- read twice and ordered printed,
   and  when printed to be committed to the Committee on Labor -- commit-
   tee discharged, bill amended, ordered reprinted as amended and  recom-
   mitted  to  said  committee  --  committee  discharged,  bill amended,
   ordered reprinted as amended and  recommitted  to  said  committee  --
   recommitted  to  the Committee on Labor in accordance with Senate Rule
   6, sec. 8 -- committee discharged, bill amended, ordered reprinted  as
   amended and recommitted to said committee
 
 AN  ACT  to amend the labor law, in relation to raising the minimum wage
   annually by a percentage which is based on inflation;  and  to  repeal
   subdivision 6 of section 652 of the labor law relating thereto
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Legislative findings. As New  Yorkers  struggle  with  the
 rapidly  rising  cost of living, their paychecks are not keeping up. The
 state minimum wage has been frozen at $15 in New York City  since  2018.
 In the suburbs of New York City it reached $15 in 2021 and under current
 law will not increase further. And upstate, it is projected to reach $15
 in  a  few  years,  but  will  not increase further after that until the
 legislature acts.
   At the same time, record inflation is eroding the value of the minimum
 wage as workers face rapidly rising prices. For  example,  adjusted  for
 consumer  price  inflation  from  the fourth quarter of 2018 through the
 first quarter of 2022, the purchasing power of New York City's $15 mini-
 mum wage has declined by 13.6% and is now just $12.96. As inflation  has
 remained  high  since  the  second  quarter  of 2021 and is likely to be
 elevated for some time, the value of the minimum wage across New York is
 falling even lower as consumers struggle with the rising cost of  neces-
 sities.  And  even  in  times of more stable price growth, workers still
 lose real wages as the minimum wage stays stagnant.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06653-16-2

 S. 3062--C                          2
 
   Meanwhile, other high-cost cities and states are raising their minimum
 wages well above $15. Thirty-three cities and counties have wages  above
 $15  an  hour as of January 2022, and eleven more will pass $15 later in
 2022. Seattle, San Francisco, and five other cities  will  have  minimum
 wages  of  about $17 or higher in 2022. Similarly, California and Hawaii
 are considering raising their minimum wages to $18 statewide.
   New York must restore the value of the eroded $15 minimum wage in  New
 York  City,  while  finally phasing the upstate minimum wage to $15, and
 providing for automatic annual minimum wage increases in all regions  of
 the state.
   "Catching  up"  New  York  City's  minimum wage to its 2018 value (and
 adjusting it for the growth in labor productivity)  would  raise  it  to
 $20.45 by 2025, based on current projections.
   For  adjusting the minimum wage statewide each year, the Department of
 Labor should use the same formula that it and the Division of the Budget
 used to increase New York's upstate minimum wage in 2021.  That  formula
 was  based  on  a combination of the past year's increase in the cost of
 living together with the past year's  increase  in  labor  productivity.
 This  important approach ensures: (1) that workers' wages keep pace with
 rising consumer prices - a crucial concern right now as workers struggle
 with the highest inflation in four decades - and (2) that  workers  also
 share  in  the  benefits  of  productivity  gains that their labor helps
 produce.
   New York's recent experiences  raising  the  minimum  wage  show  that
 increases  have  been manageable for employers and that higher paychecks
 have put money back into local communities, boosting  consumer  spending
 at  neighborhood  businesses. With inflation crushing New York's working
 families, we cannot afford to wait.
   § 2. Subdivision 1 of section 652 of the  labor  law,  as  amended  by
 section  1  of  part  K of chapter 54 of the laws of 2016, is 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,
   $8.00 on and after December 31, 2013,
   $8.75 on and after December 31, 2014,
   $9.00 on and after December 31, 2015, and until December 31, 2016, or,
 if  greater, such other wage as may be established by federal law pursu-
 ant 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.
   (a)  New  York  City. (i) Large employers. Every employer of eleven or
 more employees shall pay to each of its employees for each  hour  worked
 in the city of New York a wage of not less than:
   $11.00 per hour on and after December 31, 2016,
   $13.00 per hour on and after December 31, 2017,
   $15.00 per hour on and after December 31, 2018,
   $17.00 ON AND AFTER JANUARY 1, 2023,
   $18.80 ON AND AFTER JANUARY 1, 2024,
   $20.45  ON  AND AFTER JANUARY 1, 2025, or, if greater, such other wage
 as may be established by federal law pursuant to 29 U.S.C.  section  206
 S. 3062--C                          3
 
 or its successors or such other wage as may be established in accordance
 with the provisions of this article.
   (ii)  Small  employers.  Every employer of ten or less employees shall
 pay to each of its employees for each hour worked in  the  city  of  New
 York a wage of not less than:
   $10.50 per hour on and after December 31, 2016,
   $12.00 per hour on and after December 31, 2017,
   $13.50 per hour on and after December 31, 2018,
   $15.00 per hour on and after December 31, 2019,
   $17.00 ON AND AFTER JANUARY 1, 2023,
   $18.80 ON AND AFTER JANUARY 1, 2024,
   $20.45  ON  AND AFTER JANUARY 1, 2025, 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.
   (b)  Remainder  of  downstate. Every employer shall pay to each of its
 employees for each hour worked in the counties of  Nassau,  Suffolk  and
 Westchester a wage not less than:
   $10.00 per hour on and after December 31, 2016,
   $11.00 per hour on and after December 31, 2017,
   $12.00 per hour on and after December 31, 2018,
   $13.00 per hour on and after December 31, 2019,
   $14.00 per hour on and after December 31, 2020,
   $15.00 per hour on and after December 31, 2021,
   $16.00 ON AND AFTER JANUARY 1, 2023,
   $17.20 ON AND AFTER JANUARY 1, 2024,
   $17.95 ON AND AFTER JANUARY 1, 2025,
   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.
   (c)  Remainder  of  state.  Every  employer  shall  pay to each of its
 employees for each hour worked outside of the city of New York  and  the
 counties of Nassau, Suffolk, and Westchester, a wage of not less than:
   $9.70 on and after December 31, 2016,
   $10.40 on and after December 31, 2017,
   $11.10 on and after December 31, 2018,
   $11.80 on and after December 31, 2019,
   $12.50 on and after December 31, 2020,
   [and  on each following December thirty-first, a wage published by the
 commissioner on or before October first, based on the then current mini-
 mum wage increased by a percentage determined by  the  director  of  the
 budget in consultation with the commissioner, with the result rounded to
 the nearest five cents, totaling no more than fifteen dollars, where the
 percentage increase shall be based on indices including, but not limited
 to,  (i)  the  rate of inflation for the most recent twelve month period
 ending June of that year based on the consumer price index for all urban
 consumers on a national and seasonally unadjusted basis  (CPI-U),  or  a
 successor  index as calculated by the United States department of labor,
 (ii) the rate of state personal income growth  for  the  prior  calendar
 year, or a successor index, published by the bureau of economic analysis
 of the United States department of commerce, or (iii) wage growth;]
   $13.20 ON AND AFTER DECEMBER 31, 2021,
   $14.20 ON AND AFTER JANUARY 1, 2023,
   $15.10 ON AND AFTER JANUARY 1, 2024,
   $15.75  ON  AND AFTER JANUARY 1, 2025, or, if greater, such other wage
 as may be established by federal law pursuant to 29 U.S.C.  section  206
 S. 3062--C                          4
 
 or its successors or such other wage as may be established in accordance
 with the provisions of this article.
   (d)  ANNUAL INCREASES.  ON JANUARY FIRST, TWO THOUSAND TWENTY-SIX, AND
 ON EACH FOLLOWING JANUARY FIRST, THE WAGES SET FORTH IN PARAGRAPHS  (A),
 (B)  AND  (C)  OF  THIS  SUBDIVISION  AND ANY OTHER WAGES ESTABLISHED IN
 ACCORDANCE WITH THE PROVISIONS OF THIS CHAPTER  AND  SET  FORTH  IN  ANY
 MINIMUM  WAGE  ORDER,  SHALL  BE THE WAGES PUBLISHED BY THE COMMISSIONER
 PURSUANT TO THIS PARAGRAPH. THE COMMISSIONER SHALL PUBLISH SUCH WAGES ON
 OR BEFORE NOVEMBER FIRST, TWO THOUSAND TWENTY-FIVE, AND ON EACH  FOLLOW-
 ING  NOVEMBER  FIRST.    THE COMMISSIONER SHALL BASE EACH SUCH PUBLISHED
 WAGE ON EACH THEN CURRENT WAGE INCREASED BY THE SUM OF: (I) THE RATE  OF
 INFLATION,  IF  GREATER  THAN  ZERO,  AS MEASURED BY THE CHANGE FROM THE
 THIRD QUARTER OF THE PRIOR YEAR THROUGH THE THIRD QUARTER OF THE CURRENT
 YEAR IN THE CONSUMER PRICE INDEX FOR ALL URBAN WAGE EARNERS AND CLERICAL
 WORKERS ON A NATIONAL AND SEASONALLY  UNADJUSTED  BASIS  (CPI-W),  OR  A
 SUCCESSOR INDEX, AS CALCULATED BY THE UNITED STATES DEPARTMENT OF LABOR;
 AND (II) LABOR PRODUCTIVITY GROWTH, IF GREATER THAN ZERO, AS MEASURED BY
 THE  CHANGE IN THE AVERAGE QUARTERLY INDEX FOR THE FOUR QUARTERS THROUGH
 THE SECOND QUARTER OF THE CURRENT YEAR DIVIDED BY THE AVERAGE  QUARTERLY
 INDEX  FOR THE FOUR QUARTERS THROUGH THE SECOND QUARTER OF THE PRECEDING
 YEAR IN NATIONAL LABOR PRODUCTIVITY (OUTPUT PER HOUR)  OF  ALL  EMPLOYED
 PERSONS  IN THE NONFARM BUSINESS SECTOR, OR A SUCCESSOR INDEX, AS CALCU-
 LATED BY THE UNITED STATES DEPARTMENT OF LABOR, WITH THE SUM ROUNDED  TO
 THE  NEAREST  MULTIPLE OF FIVE CENTS. FOR PURPOSES OF SUBDIVISION TWO OF
 THIS SECTION, EACH PUBLISHED WAGE THAT INCREASES EACH THEN CURRENT MINI-
 MUM WAGE SHALL BE DEEMED TO BE AN INCREASE IN  HOURLY  MINIMUM  WAGE  AS
 PROVIDED IN THIS SUBDIVISION.
   (E)  The  rates and schedules established in paragraphs (a) and (b) of
 this subdivision shall not be deemed to be the minimum wage  under  this
 subdivision   for purposes of the calculations specified in subdivisions
 one and two of section five hundred twenty-seven of this chapter.
   § 3. Subdivision 6 of section 652 of the labor law is REPEALED.
   § 4. This act shall take effect immediately.

co-Sponsors

View additional co-sponsors

2021-S3062D (ACTIVE) - Details

Current Committee:: Senate Labor
Law Section:: Labor Law
Laws Affected:: Amd §652, rpld §652 sub 6, Lab L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S9085
2023-2024: S1978

2021-S3062D (ACTIVE) - Summary

Increases the minimum wage annually; provides for the enforcement of the minimum wage; repeals certain provisions of law relating thereto.

2021-S3062D (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S3062D

SPONSOR: RAMOS
 
TITLE OF BILL:

An act to amend the labor law, in relation to raising the minimum wage
annually by a percentage which is based on inflation and providing for
the enforcement of such minimum wage; and to repeal subdivision 6 of
section 652 of the labor law relating thereto

 
PURPOSE OR GENERAL IDEA OF BILL:

Ensures that the minimum wage keeps up with rising prices.

 
SUMMARY OF PROVISIONS:

Section 1: This act shall be known and cited as the Raise the Wage Act

Section 2: Legislative findings

Section 3: Amends the labor law Section 652 to include rates of minimum
wage 2023, 2024, 2025, 2026 and index to inflation after said date.

After 2026, the Commissioner of Labor will publish a new, increased
minimum wage on or before October first of each year. The new wage will
be the current minimum wage increased by June. The June rate of
inflation as measured by the consumer price index for all urban consum-
ers (CPI-U). When inflation is positive, the new minimum wage takes
effect on December 31st.

Section 4: Subdivision 6 of section 652 of the labor law is REPEALED.

Section 5. Established local wage enforcement authority for a city of
one million or more.

Section 6: Effective date.

 
JUSTIFICATION:

In New York State, roughly one million workers--16.4% of New York
State's workforce-earn the minimum wage. Beginning in 2012, the nation-
wide Fight for Fifteen movement publicized the inadequacy of the minimum
wage and in part led state lawmakers to gradually increase the minimum
wage in New York. New York City reached a $15 minimum wage in 2019, and
the rest of downstate to attain a $15 minimum wage in 2021. The upstate
minimum wage is currently $14.20. Current law would increase upstate's
minimum wage each year according to inflation and other indicators as
determined by the Commissioner until it reaches $15.

Historically, yearly gains in inflation have decreased the value of the
minimum wage, chipping away at workers' purchasing power and leading to
hardship for many. Increases in minimum wage historically have not
occurred each year in New York State. Each year that inflation increases
and wages at the bottom do not, workers in the lowest-paying positions
struggle to pay bills, feed their families, and access transportation.
Across the state, minimum wage workers are disproportionately women and
people of color, groups that also face significant barriers to advance-
ment.


By joining eighteen other states that have tied the minimum wage to
inflation, minimum wage workers in New York State will maintain their
purchasing power without yearly legislative action.

 
LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S3062D (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3062--D
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 27, 2021
                                ___________
 
 Introduced  by Sens. RAMOS, BIAGGI, BRISPORT, CLEARE, COONEY, GOUNARDES,
   JACKSON, KAVANAGH, KRUEGER, REICHLIN-MELNICK -- read twice and ordered
   printed, and when printed to be committed to the Committee on Labor --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted  to  said committee -- committee discharged, bill amended,
   ordered reprinted as amended and  recommitted  to  said  committee  --
   recommitted  to  the Committee on Labor in accordance with Senate Rule
   6, sec. 8 -- committee discharged, bill amended, ordered reprinted  as
   amended  and  recommitted  to  said committee -- committee discharged,
   bill amended, ordered reprinted as amended  and  recommitted  to  said
   committee
 
 AN  ACT  to amend the labor law, in relation to raising the minimum wage
   annually by a percentage which is based on inflation and providing for
   the enforcement of such minimum wage; and to repeal subdivision  6  of
   section 652 of the labor law relating thereto
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act shall be known and may be cited as the "raise  the
 wage act".
   §  2.  Legislative  findings. As New Yorkers struggle with the rapidly
 rising cost of living, their paychecks are not  keeping  up.  The  state
 minimum  wage  has  been flat at $15 in New York city since 2019. In the
 New York city suburbs it is also stalled at $15 and  under  current  law
 will not increase further. And in the rest of the state, years after the
 legislature  last  acted to raise the minimum wage it is still gradually
 inching up to $15, but will not increase further until  the  legislature
 acts.
   At  the  same  time, record inflation is causing the real value of the
 minimum wage to plummet across the state as consumers struggle with  the
 rapidly  rising  cost  of  necessities.  In New York city, its value has
 already fallen more than 15%, and is projected to fall a further 15%  by

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06653-22-2

 S. 3062--D                          2
 
 2027, or even more if consumer price inflation does not moderate in 2023
 and  2024 as expected. This steep decline in the minimum wage is revers-
 ing the historic reductions in poverty and earnings inequality that  the
 state  achieved  with  the  $15  minimum  wage.  And even once inflation
 returns to more typical levels, workers will continue to lose real wages
 as long as our minimum wage remains stagnant.
   While in 2016 New York led the nation as the first state  to  adopt  a
 $15  minimum  wage, today it has fallen behind the many other cities and
 states that are raising their minimum wages well beyond $15. About fifty
 cities and counties and two states will have minimum wages above $15  an
 hour  as of January 2023, and a growing group will have minimum wages of
 more than $17 or $18 an hour. The fact that Yakima, Washington,  Fresno,
 California, and Denver, Colorado will all have higher minimum wages than
 New York shows how far pay has fallen in the state.
   To fix this, first, the value of New York city's minimum wage needs to
 be  restored  by  "catching it up" to where it would have been if it had
 been adjusted steadily each year since 2019 to  keep  pace  with  rising
 prices  and workforce productivity. That translates to raising the mini-
 mum wage to $21.25 an hour by 2026.
   Second, because the state minimum wage in  New  York  city's  suburbs,
 including  Nassau, Suffolk, and Westchester counties, is also stalled at
 $15 and those regions have housing and living costs that are  almost  as
 high  as  New  York  city, the minimum wage there should increase at the
 same rate.
   Third, the minimum wage in the remainder  of  the  state  should  also
 eventually catch up with the state-wide rate, but at a slower pace since
 wages and costs are lower there.
   Finally, once the minimum wage across the state catches up, it must be
 automatically  adjusted  or  "indexed" each year so that it doesn't fall
 behind again. That is the approach that 18 states and  Washington,  D.C.
 are  already using to keep their minimum wages up to date. For adjusting
 the minimum wage each year, the legislature should adopt the same formu-
 la that the department of labor and the  division  of  the  budget  used
 successfully  to  increase  New  York's upstate minimum wage in 2022 and
 2023. They have been adjusting the minimum wage so that it keeps up both
 with rising prices and also with any increases in  worker  productivity.
 This  best  practice  ensures that underpaid workers' paychecks maintain
 their purchasing power and, that when there are gains in worker  produc-
 tivity,  that  workers  too  share  in those benefits. This approach has
 resulted in steady, moderate increases in the upstate wage of  70  cents
 in  2022,  and  $1.00  in 2023. It should be made permanent and expanded
 state-wide.
   Many of our lowest paid jobs  across  the  state  are  publicly-funded
 human  services jobs, in fields such as home care, childcare, and mental
 health care, where workers provide essential services on  which  we  all
 rely.  But  the  eroded minimum wage is holding down pay for these vital
 caregivers and making it impossible to fill these demanding jobs at  the
 same  time  that  demand  for services has exploded as the state's popu-
 lation ages and the pandemic has stressed families and  communities.  To
 address  this  critical  worker  shortage, we need to not just raise the
 minimum wage significantly, but also to provide the state funding neces-
 sary to finance those raises in the state and  city-contracted  programs
 that employ these essential workers.
   New  York's  experience  phasing  in  the $15 minimum wage showed that
 significant wage increases have been manageable for employers  and  that
 higher  paychecks  have  put money back into local communities, boosting
 S. 3062--D                          3
 
 consumer spending at neighborhood businesses.  Studies  by  the  federal
 reserve  bank  of New York of the impact in upstate counties, and by the
 New York city-based new school both found that New York's  last  minimum
 wage increase raised pay significantly without hurting employment - even
 in  counties  along  the  New York-Pennsylvania border where the minimum
 wage in our neighboring state is just $7.25.
   With the value of New York's minimum wage plummeting and rising prices
 squeezing New York's working families,  we  cannot  afford  to  wait  to
 restore a strong minimum wage for all New Yorkers.
   §  3.  Subdivision  1  of  section 652 of the labor law, as amended by
 section 1 of part K of chapter 54 of the laws of  2016,  is  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,
   $8.00 on and after December 31, 2013,
   $8.75 on and after December 31, 2014,
   $9.00 on and after December 31, 2015, and until December 31, 2016, or,
 if greater, such other wage as may be established by federal law  pursu-
 ant 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.
   (a) New York City. [(i) Large employers.] Every employer [of eleven or
 more  employees] shall pay to each of its employees for each hour worked
 in the city of New York a wage of not less than:
   $11.00 per hour on and after December 31, 2016,
   $13.00 per hour on and after December 31, 2017,
   $15.00 per hour on and after December 31, 2018,
   $17.25 ON AND AFTER JANUARY 1, 2024,
   $19.25 ON AND AFTER JANUARY 1, 2025,
   $21.25 ON AND AFTER JANUARY 1, 2026, 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.
   [(ii) Small employers. Every employer of ten or less  employees  shall
 pay  to  each  of  its employees for each hour worked in the city of New
 York a wage of not less than:
   $10.50 per hour on and after December 31, 2016,
   $12.00 per hour on and after December 31, 2017,
   $13.50 per hour on and after December 31, 2018,
   $15.00 per hour on and after December 31, 2019,
   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  arti-
 cle.]
   (b)  Remainder  of  downstate. Every employer shall pay to each of its
 employees for each hour worked in the counties of  Nassau,  Suffolk  and
 Westchester a wage not less than:
   $10.00 per hour on and after December 31, 2016,
   $11.00 per hour on and after December 31, 2017,
   $12.00 per hour on and after December 31, 2018,
   $13.00 per hour on and after December 31, 2019,
   $14.00 per hour on and after December 31, 2020,
 S. 3062--D                          4
 
   $15.00 per hour on and after December 31, 2021,
   $17.25 ON AND AFTER JANUARY 1, 2024,
   $19.25 ON AND AFTER JANUARY 1, 2025,
   $21.25 ON AND AFTER JANUARY 1, 2026,
   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.
   (c)  Remainder  of  state.  Every  employer  shall  pay to each of its
 employees for each hour worked outside of the city of New York  and  the
 counties of Nassau, Suffolk, and Westchester, a wage of not less than:
   $9.70 on and after December 31, 2016,
   $10.40 on and after December 31, 2017,
   $11.10 on and after December 31, 2018,
   $11.80 on and after December 31, 2019,
   $12.50 on and after December 31, 2020,
   [and  on each following December thirty-first, a wage published by the
 commissioner on or before October first, based on the then current mini-
 mum wage increased by a percentage determined by  the  director  of  the
 budget in consultation with the commissioner, with the result rounded to
 the nearest five cents, totaling no more than fifteen dollars, where the
 percentage increase shall be based on indices including, but not limited
 to,  (i)  the  rate of inflation for the most recent twelve month period
 ending June of that year based on the consumer price index for all urban
 consumers on a national and seasonally unadjusted basis  (CPI-U),  or  a
 successor  index as calculated by the United States department of labor,
 (ii) the rate of state personal income growth  for  the  prior  calendar
 year, or a successor index, published by the bureau of economic analysis
 of the United States department of commerce, or (iii) wage growth;]
   $13.20 ON AND AFTER DECEMBER 31, 2021,
   $14.20 ON AND AFTER JANUARY 1, 2023,
   $16.00 ON AND AFTER JANUARY 1, 2024,
   $18.00 ON AND AFTER JANUARY 1, 2025,
   $20.00 ON AND AFTER JANUARY 1, 2026,
   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.
   (d) ANNUAL INCREASES. ON JANUARY FIRST, TWO THOUSAND TWENTY-SEVEN, AND
 ON  EACH FOLLOWING JANUARY FIRST, THE WAGES SET FORTH IN PARAGRAPHS (A),
 (B) AND (C) OF THIS SUBDIVISION  AND  ANY  OTHER  WAGES  ESTABLISHED  IN
 ACCORDANCE  WITH  THE  PROVISIONS  OF  THIS CHAPTER AND SET FORTH IN ANY
 MINIMUM WAGE ORDER, SHALL BE THE WAGES  PUBLISHED  BY  THE  COMMISSIONER
 PURSUANT TO THIS PARAGRAPH. THE COMMISSIONER SHALL PUBLISH SUCH WAGES ON
 OR  BEFORE OCTOBER FIRST, TWO THOUSAND TWENTY-SIX, AND ON EACH FOLLOWING
 OCTOBER FIRST. THE COMMISSIONER SHALL BASE EACH SUCH PUBLISHED  WAGE  ON
 EACH  THEN  CURRENT  WAGE  INCREASED  BY  THE  SUM  OF:  (I) THE RATE OF
 INFLATION, IF GREATER THAN ZERO, AS MEASURED BY THE CHANGE IN THE  AVER-
 AGE  FOR  THE  TWELVE MONTHS THROUGH JUNE OF THE CURRENT YEAR DIVIDED BY
 THE AVERAGE FOR THE TWELVE MONTHS THROUGH JUNE OF THE PRECEDING YEAR  IN
 THE CONSUMER PRICE INDEX FOR ALL URBAN WAGE EARNERS AND CLERICAL WORKERS
 ON  A  NATIONAL  AND SEASONALLY UNADJUSTED BASIS (CPI-W), OR A SUCCESSOR
 INDEX, AS CALCULATED BY THE UNITED STATES DEPARTMENT OF LABOR; AND  (II)
 LABOR  PRODUCTIVITY  GROWTH,  IF  GREATER  THAN ZERO, AS MEASURED BY THE
 CHANGE IN THE AVERAGE QUARTERLY INDEX FOR THE FOUR QUARTERS THROUGH  THE
 SECOND  QUARTER  OF  THE  CURRENT  YEAR DIVIDED BY THE AVERAGE QUARTERLY
 INDEX FOR THE FOUR QUARTERS THROUGH THE SECOND QUARTER OF THE  PRECEDING
 YEAR  IN  NATIONAL  LABOR PRODUCTIVITY (OUTPUT PER HOUR) OF ALL EMPLOYED
 S. 3062--D                          5
 
 PERSONS IN THE NONFARM BUSINESS SECTOR, OR A SUCCESSOR INDEX, AS  CALCU-
 LATED  BY THE UNITED STATES DEPARTMENT OF LABOR, WITH THE SUM ROUNDED TO
 THE NEAREST MULTIPLE OF FIVE CENTS. THE COMMISSIONER SHALL PUBLISH  SUCH
 WAGES  ON  OR  BEFORE  OCTOBER FIRST, TWO THOUSAND TWENTY-SIX, AND ON OR
 BEFORE EACH FOLLOWING OCTOBER FIRST.  PROVIDED, HOWEVER, THAT  THE  WAGE
 SET  FORTH  FOR  PARAGRAPH (C) OF THIS SUBDIVISION THAT THE COMMISSIONER
 PUBLISHES ON OR BEFORE OCTOBER FIRST, TWO THOUSAND  TWENTY-SIX  TO  TAKE
 EFFECT  ON JANUARY FIRST, TWO THOUSAND TWENTY-SEVEN SHALL BE A WAGE THAT
 IS EQUAL TO THE WAGE THAT THE COMMISSIONER PUBLISHES TO TAKE  EFFECT  ON
 JANUARY  FIRST,  TWO THOUSAND TWENTY-SEVEN FOR PARAGRAPHS (A) AND (B) OF
 THIS SUBDIVISION. THEREAFTER, BEGINNING WITH THE WAGE THAT  THE  COMMIS-
 SIONER  PUBLISHES  FOR  PARAGRAPH  (C)  OF THIS SUBDIVISION ON OR BEFORE
 OCTOBER FIRST, TWO THOUSAND  TWENTY-SEVEN  TO  TAKE  EFFECT  ON  JANUARY
 FIRST, TWO THOUSAND TWENTY-EIGHT, AND THAT THE COMMISSIONER PUBLISHES ON
 OR  BEFORE EACH FOLLOWING OCTOBER FIRST TO TAKE EFFECT ON EACH FOLLOWING
 JANUARY FIRST, THE COMMISSIONER SHALL ADJUST THE CURRENT WAGE FOR  PARA-
 GRAPH  (C) OF THIS SUBDIVISION USING THE FORMULA SPECIFIED ABOVE IN THIS
 PARAGRAPH. FOR  PURPOSES  OF  SUBDIVISION  TWO  OF  THIS  SECTION,  EACH
 PUBLISHED  WAGE  THAT  INCREASES EACH THEN CURRENT MINIMUM WAGE SHALL BE
 DEEMED TO BE AN INCREASE IN HOURLY MINIMUM  WAGE  AS  PROVIDED  IN  THIS
 SUBDIVISION.
   (E) The rates and schedules established [in paragraphs (a) and (b) of]
 UNDER  this  subdivision  FOR NEW YORK CITY AND FOR NASSAU, SUFFOLK, AND
 WESTCHESTER COUNTIES shall not be deemed to be the  minimum  wage  under
 this  subdivision for purposes of the calculations specified in subdivi-
 sions one and two of section five hundred twenty-seven of this chapter.
   § 4. Subdivision 6 of section 652 of the labor law is REPEALED.
   § 5. Section 665 of the labor law is renumbered section 669 and a  new
 section 665 is added to read as follows:
   §  665. LOCAL WAGE ENFORCEMENT AUTHORITY.  A CITY WITH A POPULATION OF
 ONE MILLION OR MORE, ACTING THROUGH ITS  COMPTROLLER,  MAY  ENFORCE  AND
 INVESTIGATE  VIOLATIONS  OF  THE  STATE  MINIMUM  WAGE, OTHER STATE WAGE
 REQUIREMENTS ESTABLISHED PURSUANT TO THIS ARTICLE, AND ANY  OTHER  LOCAL
 LAW,  ORDINANCE,  OR  REGULATION  REQUIRING PAYMENT OF A MINIMUM WAGE OR
 COMPENSATION, OR ESTABLISHING A LABOR STANDARD FOR WORK PERFORMED WITHIN
 THE CITY'S GEOGRAPHIC BOUNDARIES. THE COMPTROLLER SHALL BE EMPOWERED  TO
 ADOPT  FURTHER  ENFORCEMENT  PROVISIONS,  REMEDIES, PENALTIES, AND OTHER
 IMPLEMENTING REGULATIONS. PROVIDED, HOWEVER, THE COMMISSIONER OF CONSUM-
 ER AND WORKER PROTECTION OF SUCH A CITY OR ANY SUCCESSOR TO SUCH  OFFICE
 MAY  ALSO  ENFORCE  AND INVESTIGATE VIOLATIONS OF THE STATE MINIMUM WAGE
 AND OTHER STATE WAGE REQUIREMENTS ESTABLISHED PURSUANT TO  THIS  ARTICLE
 IN  THE COURSE OF ENFORCING OTHER LAWS THAT SUCH COMMISSIONER IS CHARGED
 WITH ENFORCING AND MAY  ORDER  ANY  AUTHORIZED  REMEDIES  OR  PENALTIES.
 PROVIDED,  FURTHER, NOTHING IN THIS SECTION SHALL LIMIT THE AUTHORITY OF
 THE DEPARTMENT OF LABOR OR ANY OTHER GOVERNMENT AGENCY  TO  ENFORCE  THE
 STATE  MINIMUM WAGE AND OTHER STATE WAGE REQUIREMENTS ESTABLISHED PURSU-
 ANT TO THIS ARTICLE OR ANY OTHER LAW WITHIN THE GEOGRAPHIC BOUNDARIES OF
 A CITY WITH A POPULATION OF ONE MILLION OR MORE OR ELSEWHERE.
   § 6. This act shall take effect immediately.

Senate Bill S3062

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