Bill Text: NY A06115 | 2017-2018 | General Assembly | Introduced

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Bill Title: Relates to eliminating the wage board; removes any reference in article 19 of the labor law to the wage board.

Spectrum: Partisan Bill (Republican 11-0)

Status: (Introduced - Dead) 2018-05-30 - held for consideration in labor [A06115 Detail]

Download: New_York-2017-A06115-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          6115
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    February 23, 2017
                                       ___________
        Introduced  by  M.  of  A.  KOLB, STEC, BUTLER, MONTESANO, RAIA, CROUCH,
          BLANKENBUSH, OAKS, McLAUGHLIN, DiPIETRO, GIGLIO -- Multi-Sponsored  by
          -- M. of A. LOPEZ -- read once and referred to the Committee on Labor
        AN  ACT  to  amend  the  labor  law, in relation to eliminating the wage
          board; and to repeal subdivision 3 of section 651 and sections 655 and
          656 of such law relating thereto
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Subdivision  3 of section 651 and sections 655 and 656 of
     2  the labor law are REPEALED.
     3    § 2. Subdivisions 2 and 6 of section 652 of the labor law, subdivision
     4  2 as amended by chapter 38 of the laws of  1990  and  subdivision  6  as
     5  added  by  section  3  of  part K of chapter 54 of the laws of 2016, are
     6  amended to read as follows:
     7    2. Existing wage orders. The minimum wage  orders  in  effect  on  the
     8  effective date of this act shall remain in full force and effect, except
     9  as modified in accordance with the provisions of this article.
    10    Such  minimum  wage  orders  shall  be modified by the commissioner to
    11  increase all monetary amounts specified therein in the  same  proportion
    12  as  the  increase  in the hourly minimum wage as provided in subdivision
    13  one of this section, including the amounts  specified  in  such  minimum
    14  wage  orders  as  allowances  for  gratuities, and when furnished by the
    15  employer to its employees, for meals, lodging, apparel  and  other  such
    16  items, services and facilities. All amounts so modified shall be rounded
    17  off  to the nearest five cents. The modified orders shall be promulgated
    18  by the commissioner without a public hearing[, and without reference  to
    19  a  wage board,] and shall become effective on the effective date of such
    20  increases in the minimum wage  except  as  otherwise  provided  in  this
    21  subdivision, notwithstanding any other provision of this article.
    22    6.  Notwithstanding  subdivision  one  of this section, and [sections]
    23  section six hundred fifty-three [and six  hundred  fifty-five]  of  this
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09682-01-7
        A. 6115                             2
     1  article,  on  or  after  January  first, two thousand nineteen, and each
     2  January first thereafter until such time as the minimum wage is  fifteen
     3  dollars  in all areas of the state, the division of budget shall conduct
     4  an  analysis  of the state of the economy in each region, and the effect
     5  of the minimum wage increases  listed  in  this  section,  to  determine
     6  whether there should be a temporary suspension or delay in any scheduled
     7  increases.    In  conducting  its analysis, the division of budget shall
     8  consult the  department,  the  department's  division  of  research  and
     9  statistics,  the  United States department of labor, the federal reserve
    10  bank of New York and other economic experts. The division of budget will
    11  reference  well-established  economic  indexes  and  accepted   economic
    12  factors,  including those set forth in section six hundred fifty-four of
    13  this article, to justify and explain its decision.  After reviewing such
    14  indexes and factors, the  division  shall  determine  whether  scheduled
    15  increases in the minimum wage shall continue up to and including fifteen
    16  dollars.  The  division of budget will issue a report and recommendation
    17  to the commissioner, who shall take action on that report [and recommen-
    18  dation pursuant to section six hundred fifty-six of this article].
    19    § 3. Section 653 of the labor law, as amended by  chapter  14  of  the
    20  laws of 2000, is amended to read as follows:
    21    §  653.  Investigation  of  adequacy  of wages. [(1)] The commissioner
    22  shall have power on his own motion to cause an investigation to be  made
    23  of the wages being paid to persons employed in any occupation or occupa-
    24  tions  to  ascertain whether the minimum wages established in accordance
    25  with the provisions of this article are sufficient to  provide  adequate
    26  maintenance  and  to  protect the health of the persons employed in such
    27  occupation or occupations. The commissioner shall, on  the  petition  of
    28  fifty  or more residents of the state engaged in or affected by an occu-
    29  pation or occupations sought to be investigated, cause such an  investi-
    30  gation  of  such  occupation or occupations to be conducted. [If, on the
    31  basis of information in his possession with or without such an  investi-
    32  gation,  the  commissioner is of the opinion that any substantial number
    33  of persons employed in any occupation or occupations are receiving wages
    34  insufficient to  provide  adequate  maintenance  and  to  protect  their
    35  health,  he  shall  appoint  a wage board to inquire into and report and
    36  recommend adequate minimum wages and regulations for employees  in  such
    37  occupation or occupations.
    38    (2)  The  commissioner shall, within six months after enactment of any
    39  change in the statutory minimum wage set forth  in  subdivision  one  of
    40  section  six  hundred fifty-two of this article, appoint a wage board to
    41  inquire and report and recommend any changes to  wage  orders  governing
    42  wages  payable  to food service workers. Such wage board shall be estab-
    43  lished consistent with the provisions of subdivision one of section  six
    44  hundred  fifty-five  of  this article, except the representatives of the
    45  employees shall be selected upon the nomination of  the  state  American
    46  Federation  of Labor/Congress of Industrial Organizations; and provided,
    47  further, that the representatives of the  employers  shall  be  selected
    48  upon  the  nomination  of  the New York State Business Council. Any wage
    49  order authorizing a lesser wage  than  the  previously  and  statutorily
    50  mandated  minimum  wage for such employees shall be reviewed by the wage
    51  board to ascertain at what  level  such  wage  order  is  sufficient  to
    52  provide adequate maintenance and to protect the health and livelihood of
    53  employees subject to such a wage order after a statutory increase in the
    54  mandated minimum wage.]
    55    § 4. Section 654 of the labor law, as added by chapter 619 of the laws
    56  of 1960, is amended to read as follows:
        A. 6115                             3
     1    §  654.  Basis  of  changes in minimum wage.   In establishing minimum
     2  wages and regulations for any occupation or occupations [pursuant to the
     3  provisions of the following sections of this article], [the  wage  board
     4  and]  the  commissioner  shall consider the amount sufficient to provide
     5  adequate  maintenance  and to protect health and, in addition, [the wage
     6  board and] the commissioner shall consider the  value  of  the  work  or
     7  classification  of  work  performed, and the wages paid in the state for
     8  work of like or comparable character.
     9    § 5. Subdivisions 1 and 2 of section 657 of the labor law, subdivision
    10  1 as added by chapter 619 of the laws  of  1960  and  subdivision  2  as
    11  amended  by  chapter  102  of  the  laws of 1968, are amended to read as
    12  follows:
    13    1. Finality. Any minimum wage  order  and  regulation  issued  by  the
    14  commissioner  pursuant  to  this  article shall, unless appealed from as
    15  provided in this section, be final. The findings of the commissioner  as
    16  to  the  facts  shall  be  conclusive on any appeal from an order of the
    17  commissioner issued pursuant to [sections] section  six  hundred  fifty-
    18  two[, six hundred fifty-six,] or six hundred fifty-nine.
    19    2.  Review  by board of standards and appeals. Any person in interest,
    20  including a labor organization or employer association, in  any  occupa-
    21  tion  for which a minimum wage order or regulation has been issued under
    22  the provisions of this article who is aggrieved by such order  or  regu-
    23  lation  may  obtain  review before the board of standards and appeals by
    24  filing with said board, within forty-five days after  the  date  of  the
    25  publication  of  the notice of such order or regulation, a written peti-
    26  tion requesting that the order or regulation be modified or set aside. A
    27  copy of such petition shall be served promptly upon the commissioner. On
    28  such appeal, the commissioner shall certify and file with the  board  of
    29  standards  and  appeals a transcript of the entire record, including the
    30  testimony and evidence upon which such order or regulation was made [and
    31  the report of the wage board]. The board of standards and appeals,  upon
    32  the  record  certified  and filed by the commissioner, shall, after oral
    33  argument, determine whether the order or  regulation  appealed  from  is
    34  contrary to law. Within forty-five days after the expiration of the time
    35  for  the  filing of a petition, the board of standards and appeals shall
    36  issue an order confirming, amending or setting aside the order or  regu-
    37  lation  appealed from. The appellate jurisdiction of the board of stand-
    38  ards and appeals shall be exclusive and its order final except that  the
    39  same shall be subject to an appeal taken directly to the appellate divi-
    40  sion  of the supreme court, third judicial department, within sixty days
    41  after its order is issued.  The  commissioner  shall  be  considered  an
    42  aggrieved party entitled to take an appeal from an order of the board of
    43  standards and appeals.
    44    §  6.  Section  658 of the labor law, as amended by chapter 443 of the
    45  laws of 1981, is amended to read as follows:
    46    § 658. Appeals from compliance orders. An appeal pursuant  to  section
    47  two  hundred  eighteen  or  two hundred nineteen of this chapter from an
    48  order issued by the commissioner directing compliance with any provision
    49  of this article or with any minimum wage order or regulation promulgated
    50  thereunder, shall not bring under review any minimum wage order or regu-
    51  lation promulgated under this article. The  provisions  of  [subdivision
    52  two of section six hundred fifty-seven relating to appeals from determi-
    53  nations  of  the board and the provisions of] subdivisions three through
    54  seven of section six hundred fifty-seven shall apply to an appeal from a
    55  compliance order.
        A. 6115                             4
     1    § 7. Section 659 of the labor law, as added by chapter 619 of the laws
     2  of 1960, is amended to read as follows:
     3    §  659.  Reconsideration  of wage orders and regulations.  [1. By wage
     4  board. At any time after a minimum wage order has been in effect for six
     5  months or more, the commissioner, on his own motion or on a petition  of
     6  fifty or more residents of the state engaged in or affected by the occu-
     7  pation or occupations to which an order is applicable, may reconvene the
     8  same  wage board or appoint a new wage board to recommend whether or not
     9  the minimum wage and regulations prescribed  by  such  order  should  be
    10  modified,  and  the provisions of section six hundred fifty-five through
    11  six hundred fifty-seven shall thereafter apply.
    12    2. By commissioner.] The commissioner[, without referral to  the  wage
    13  board,]  may,  at  any  time after public hearing, by order propose such
    14  modifications of or additions to any regulations as he may  deem  appro-
    15  priate to effectuate the purposes of this article. Notice of hearing and
    16  promulgation  of  any  such order shall be published [in accordance with
    17  the provisions contained in section six hundred fifty-six].  Such  order
    18  shall  be  effective  thirty days after such publication and section six
    19  hundred fifty-seven shall thereafter apply.
    20    § 8. This act shall take effect immediately.