Bill Text: NY S03269 | 2015-2016 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Enacts the fair wage act; raises the minimum wage and allows localities to raise minimum wages by up to an additional thirty percent.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-01-15 - PRINT NUMBER 3269A [S03269 Detail]

Download: New_York-2015-S03269-Introduced.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3269
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                   February 4, 2015
                                      ___________
       Introduced  by  Sen. SANDERS -- read twice and ordered printed, and when
         printed to be committed to the Committee on Local Government
       AN ACT to amend the municipal home  rule  law  and  the  labor  law,  in
         relation  to  enacting the fair wage act, raising the minimum wage and
         allowing localities to raise minimum wages  by  up  to  an  additional
         thirty percent
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. This act shall be known and may be cited as the "fair  wage
    2  act".
    3    S  2. Paragraph f of subdivision 1 of section 11 of the municipal home
    4  rule law, as amended by chapter 21 of the laws of 1992,  is  amended  to
    5  read as follows:
    6    f. Applies to or affects any provision of paragraph (c) of subdivision
    7  one  of  section  8-100  of  the  election law, the labor law, EXCEPT AS
    8  PROVIDED IN SUBDIVISION TWO OF SECTION SIX  HUNDRED  FIFTY-FOUR  OF  THE
    9  LABOR  LAW,  sections two, three and four of chapter one thousand eleven
   10  of the laws  of  nineteen  hundred  sixty-eight,  entitled  "An  act  in
   11  relation  to  the  maximum  hours of labor of certain municipal and fire
   12  district firemen and the holidays of firemen  and  policemen,  repealing
   13  certain  sections  of  the  labor law relating thereto, and to amend the
   14  municipal home rule law, in relation thereto," as amended, the volunteer
   15  [firemen's] FIREFIGHTERS'  benefit  law,  or  the  [workmen's]  WORKERS'
   16  compensation  law or changes any provision of the multiple residence law
   17  or the multiple dwelling law, except that  in  a  city  of  one  million
   18  persons  or more, the provisions of local law for the enforcement of the
   19  housing code which is not less restrictive than  the  multiple  dwelling
   20  law may be applied in the enforcement of the multiple dwelling law.
   21    S  3.  Subdivision  1  of  section 652 of the labor law, as amended by
   22  section 1 of part P of chapter 57 of the laws of  2013,  is  amended  to
   23  read as follows:
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08826-01-5
       S. 3269                             2
    1    1.  Statutory.  Every  employer shall pay to each of its employees for
    2  each hour worked a wage of not less than THE WAGE AS MAY BE  ESTABLISHED
    3  BY  FEDERAL  LAW PURSUANT TO 29 U.S.C. SECTION 206 OR ITS SUCCESSORS; OR
    4  SUCH OTHER WAGE AS MAY BE ESTABLISHED IN ACCORDANCE WITH THE  PROVISIONS
    5  OF THIS ARTICLE; OR:
    6    $4.25 on and after April 1, 1991,
    7    $5.15 on and after March 31, 2000,
    8    $6.00 on and after January 1, 2005,
    9    $6.75 on and after January 1, 2006,
   10    $7.15 on and after January 1, 2007,
   11    $8.00 on and after December 31, 2013,
   12    [$8.75  on  and  after  December 31, ] $9.00 ON AND AFTER SEPTEMBER 1,
   13  2014,
   14    [$9.00 on and after December 31, 2015, or, if greater, such other wage
   15  as may be established by federal law pursuant to 29 U.S.C.  section  206
   16  or its successors
   17  or  such  other  wage  as  may  be  established  in  accordance with the
   18  provisions of this article] $10.10 ON AND AFTER JULY 1, 2016,  WHICHEVER
   19  IS GREATER.
   20    ON  AND  AFTER  JULY  1,  2017  AND  ON EACH FOLLOWING JULY FIRST, THE
   21  COMMISSIONER SHALL CALCULATE AND ESTABLISH AN ADJUSTED MINIMUM WAGE RATE
   22  BY INCREASING THE  THEN  CURRENT  MINIMUM  WAGE  RATE  BY  THE  RATE  OF
   23  INFLATION  FOR  THE  MOST  RECENT TWELVE MONTH PERIOD AVAILABLE PRIOR TO
   24  EACH JULY FIRST USING THE  CONSUMER  PRICE  INDEX-ALL  URBAN  CONSUMERS,
   25  CPI-U,  OR  A SUCCESSOR INDEX AS CALCULATED BY THE UNITED STATES DEPART-
   26  MENT OF LABOR, IF SUCH RATE OF INFLATION IS GREATER THAN ZERO PERCENT.
   27    S 4. Section 654 of the labor law, as added by chapter 619 of the laws
   28  of 1960, is amended to read as follows:
   29    S 654. Basis of changes in minimum wage. 1.  In  establishing  minimum
   30  wages  and regulations for any occupation or occupations pursuant to the
   31  provisions of the following sections of this article, the wage board and
   32  the  commissioner  shall  consider  the  amount  sufficient  to  provide
   33  adequate  maintenance  and  to protect health and, in addition, the wage
   34  board and the commissioner shall consider the value of the work or clas-
   35  sification of work performed, and the wages paid in the state  for  work
   36  of like or comparable character.
   37    2.  COUNTIES,  CITIES, TOWNS, VILLAGES AND PUBLIC BENEFIT CORPORATIONS
   38  ARE AUTHORIZED TO ADOPT MINIMUM STANDARDS RELATING TO WAGES,  HOURS,  OR
   39  OTHER  WORKING  CONDITIONS,  OR  MECHANISMS FOR THE ENFORCEMENT THEREOF,
   40  THAT ARE AT LEAST AS FAVORABLE TO EMPLOYEES  AS  THE  MINIMUM  STANDARDS
   41  APPLICABLE  UNDER  THIS  ARTICLE, PROVIDED THAT ANY MINIMUM WAGE ENACTED
   42  PURSUANT TO THIS AUTHORITY FOR ANY CLASSIFICATION OF EMPLOYEES SHALL NOT
   43  BE MORE THAN THIRTY PERCENT HIGHER THAN  THE  MINIMUM  WAGE  ESTABLISHED
   44  PURSUANT  TO  THIS  ARTICLE  AND ARTICLE NINETEEN-A OF THIS CHAPTER. ANY
   45  SUCH STANDARDS MAY ALSO BE ENFORCED BY THE COMMISSIONER  USING  ANY  AND
   46  ALL  ENFORCEMENT  METHODS  PERMITTED  BY THIS CHAPTER FOR ENFORCEMENT OF
   47  WAGE STANDARDS AND PAYMENT.
   48    S 5. Subdivision 1 of section 662 of the  labor  law,  as  amended  by
   49  chapter 564 of the laws of 2010, is amended to read as follows:
   50    1.  Failure to pay minimum wage or overtime compensation. Any employer
   51  or his or her agent, or the officer or agent of any  corporation,  part-
   52  nership,  or limited liability company, who pays or agrees to pay to any
   53  employee less than the wage applicable under this article, INCLUDING ANY
   54  MINIMUM WAGE ESTABLISHED BY A COUNTY, CITY,  TOWN,  VILLAGE,  OR  PUBLIC
   55  BENEFIT   CORPORATION,  shall  be  guilty  of  a  misdemeanor  and  upon
   56  conviction therefor shall be fined not less than five hundred  nor  more
       S. 3269                             3
    1  than  twenty  thousand dollars or imprisoned for not more than one year,
    2  and, in the event that any second or subsequent  offense  occurs  within
    3  six years of the date of conviction for a prior offense, shall be guilty
    4  of  a  felony  for the second or subsequent offense, and upon conviction
    5  therefor, shall be fined not less than five hundred nor more than twenty
    6  thousand dollars or imprisoned for not more than one year plus one  day,
    7  or  punished  by both such fine and imprisonment, for each such offense.
    8  Each payment to any employee in any week of less than the wage  applica-
    9  ble under this article shall constitute a separate offense.
   10    S 6. This act shall take effect immediately.