Bill Text: NY A05063 | 2021-2022 | General Assembly | Introduced


Bill Title: Requires legislative approval of minimum wage increases promulgated through wage orders.

Spectrum: Partisan Bill (Republican 26-0)

Status: (Introduced - Dead) 2022-05-11 - held for consideration in labor [A05063 Detail]

Download: New_York-2021-A05063-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          5063

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    February 10, 2021
                                       ___________

        Introduced  by  M.  of  A. PALMESANO, BARCLAY, GOODELL, BRABENEC, BYRNE,
          DiPIETRO, J. M. GIGLIO, MANKTELOW, MORINELLO, SALKA, TAGUE  --  Multi-
          Sponsored  by -- M. of A. BLANKENBUSH, BYRNES, DeSTEFANO, FITZPATRICK,
          FRIEND, HAWLEY, LALOR, McDONOUGH, B. MILLER, M. MILLER, MONTESANO, RA,
          REILLY, 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:

     1    Section 1. Section 652 of the labor law is amended  by  adding  a  new
     2  subdivision 7 to read as follows:
     3    7.  New  wage  orders. No new minimum wage order or modification of an
     4  existing wage order issued by the commissioner pursuant to this  article
     5  shall  be  effective  until the legislature authorizes the wage increase
     6  contained within such order.
     7    § 2. Section 654 of the labor law, as added by chapter 619 of the laws
     8  of 1960, is amended to read as follows:
     9    § 654. Basis of changes in minimum  wage.    In  establishing  minimum
    10  wages  and regulations for any occupation or occupations pursuant to the
    11  provisions of the following sections of this article, the wage board and
    12  the  commissioner  shall  consider  the  amount  sufficient  to  provide
    13  adequate  maintenance  and  to protect health and, in addition, the wage
    14  board and the commissioner shall consider the value of the work or clas-
    15  sification of work performed, and the wages paid in the state  for  work
    16  of  like  or comparable character.   Further, the commissioner shall use
    17  existing employment data to prepare an analysis of the  possible  aggre-
    18  gate  cost  incurred  by businesses located within the state of New York
    19  for such an increase.
    20    § 3. Subdivision 4 of section 655 of the labor law, as added by  chap-
    21  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.
                                                                   LBD08014-01-1

        A. 5063                             2

     1    4. Report. Within forty-five days of the appointment of the wage board
     2  to  inquire into wages in any occupation or occupations, the board shall
     3  (a) conduct public hearings and (b) submit to the commissioner a report,
     4  including its recommendations as to minimum wages  and  regulations  for
     5  the  employees  in such occupation or occupations. The report and recom-
     6  mendations of the board shall be submitted only after [a] the  unanimous
     7  vote of [not less than a majority of] all its members in support of such
     8  report and recommendations. No report or recommendation of a panel shall
     9  be submitted without the prior vote of [not less than a majority of] all
    10  the  members  of  the board in support of such report or recommendation.
    11  The commissioner may extend up to ninety days  the  time  in  which  the
    12  report shall be submitted.
    13    § 4. Section 656 of the labor law, as added by chapter 619 of the laws
    14  of 1960, is amended to read as follows:
    15    §  656.  Action by commissioner upon wage board report.  When the wage
    16  board submits its report and recommendations to  the  commissioner,  the
    17  commissioner shall forthwith file them with the secretary of the depart-
    18  ment.  Within five days of their receipt, the commissioner shall publish
    19  a notice of such filing in at least ten  newspapers  of  general  circu-
    20  lation  in  the  state. Any objections to the report and recommendations
    21  shall be filed with the commissioner  within  fifteen  days  after  such
    22  publication.  The  commissioner  may,  if he deems it appropriate, order
    23  oral argument, which shall be scheduled before the commissioner, or such
    24  representative as he may designate, on five days' notice to the  persons
    25  who  have filed objections to the report and recommendations. Whether or
    26  not oral argument is scheduled, the commissioner shall [by order] accept
    27  [or], reject, or modify the board's report  and  recommendations  within
    28  forty-five  days  after  filing with the secretary of the department and
    29  submit a report to the legislature, which shall include (i)  the  recom-
    30  mendations  of  the  wage board; (ii) a statement indicating whether the
    31  commissioner accepts, rejects or recommends modification of the  board's
    32  report  and  recommendations; (iii) any and all objections to the report
    33  and recommendations filed with the commissioner; and (iv)  the  analysis
    34  required by section six hundred fifty-four of this article. [The commis-
    35  sioner  may  by  such  order  modify  the regulations recommended by the
    36  board. Such order of the commissioner shall become effective thirty days
    37  after publication, in the manner prescribed in this section, of a notice
    38  of such order.] The  commissioner  may,  within  such  forty-five  days,
    39  confer with the wage board, which may make such changes in its report or
    40  recommendations  as  it may deem fit.  The commissioner also may, within
    41  such forty-five days, remand the matter to the board  for  such  further
    42  proceeding as he may direct.
    43    § 5. This act shall take effect immediately.
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