Bill Text: NY A08022 | 2015-2016 | General Assembly | Introduced

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Bill Title: Relates to the procedure regarding minimum wage order increases.

Spectrum: Partisan Bill (Republican 25-0)

Status: (Introduced - Dead) 2016-05-24 - held for consideration in labor [A08022 Detail]

Download: New_York-2015-A08022-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         8022
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                     June 4, 2015
                                      ___________
       Introduced  by  M. of A. PALMESANO, OAKS, BARCLAY, FINCH, GIGLIO -- 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    S 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    S 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    S 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:
   22    4. Report. Within forty-five days of the appointment of the wage board
   23  to  inquire into wages in any occupation or occupations, the board shall
   24  (a) conduct public hearings and (b) submit to the commissioner a report,
   25  including its recommendations as to minimum wages  and  regulations  for
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11417-01-5
       A. 8022                             2
    1  the  employees  in such occupation or occupations. The report and recom-
    2  mendations of the board shall be submitted only after [a] THE  UNANIMOUS
    3  vote of [not less than a majority of] all its members in support of such
    4  report and recommendations. No report or recommendation of a panel shall
    5  be submitted without the prior vote of [not less than a majority of] all
    6  the  members  of  the board in support of such report or recommendation.
    7  The commissioner may extend up to ninety days  the  time  in  which  the
    8  report shall be submitted.
    9    S 4. Section 656 of the labor law, as added by chapter 619 of the laws
   10  of 1960, is amended to read as follows:
   11    S  656.  Action by commissioner upon wage board report.  When the wage
   12  board submits its report and recommendations to  the  commissioner,  the
   13  commissioner shall forthwith file them with the secretary of the depart-
   14  ment.  Within five days of their receipt, the commissioner shall publish
   15  a notice of such filing in at least ten  newspapers  of  general  circu-
   16  lation  in  the  state. Any objections to the report and recommendations
   17  shall be filed with the commissioner  within  fifteen  days  after  such
   18  publication.  The  commissioner  may,  if he deems it appropriate, order
   19  oral argument, which shall be scheduled before the commissioner, or such
   20  representative as he may designate, on five days' notice to the  persons
   21  who  have filed objections to the report and recommendations. Whether or
   22  not oral argument is scheduled, the commissioner shall [by order] accept
   23  [or], reject, OR MODIFY the board's report  and  recommendations  within
   24  forty-five  days  after  filing with the secretary of the department AND
   25  SUBMIT A REPORT TO THE LEGISLATURE, WHICH SHALL INCLUDE (I)  THE  RECOM-
   26  MENDATIONS  OF  THE  WAGE BOARD; (II) A STATEMENT INDICATING WHETHER THE
   27  COMMISSIONER ACCEPTS, REJECTS OR RECOMMENDS MODIFICATION OF THE  BOARD'S
   28  REPORT  AND  RECOMMENDATIONS; (III) ANY AND ALL OBJECTIONS TO THE REPORT
   29  AND RECOMMENDATIONS FILED WITH THE COMMISSIONER; AND (IV)  THE  ANALYSIS
   30  REQUIRED BY SECTION SIX HUNDRED FIFTY-FOUR OF THIS ARTICLE. [The commis-
   31  sioner  may  by  such  order  modify  the regulations recommended by the
   32  board. Such order of the commissioner shall become effective thirty days
   33  after publication, in the manner prescribed in this section, of a notice
   34  of such order.] The  commissioner  may,  within  such  forty-five  days,
   35  confer with the wage board, which may make such changes in its report or
   36  recommendations  as  it may deem fit.  The commissioner also may, within
   37  such forty-five days, remand the matter to the board  for  such  further
   38  proceeding as he may direct.
   39    S 5. This act shall take effect immediately.