Bill Text: NY S04056 | 2019-2020 | General Assembly | Introduced


Bill Title: Requires an expert analysis and public hearings before wage orders shall take effect.

Spectrum: Partisan Bill (Republican 3-0)

Status: (Introduced) 2019-02-26 - REFERRED TO LABOR [S04056 Detail]

Download: New_York-2019-S04056-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          4056
                               2019-2020 Regular Sessions
                    IN SENATE
                                    February 26, 2019
                                       ___________
        Introduced by Sen. ANTONACCI -- 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 requiring an expert analy-
          sis and public hearings before wage orders shall take effect
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Subdivision 2 of section 652 of the labor law,  as  amended
     2  by chapter 38 of the laws of 1990, is amended to read as follows:
     3    2.  Existing wage orders. (a) The minimum wage orders in effect on the
     4  effective date of this act shall remain in full force and effect, except
     5  as modified in accordance with the provisions of this article.
     6    (b) Such minimum wage orders shall be modified by the commissioner  to
     7  increase  all  monetary amounts specified therein in the same proportion
     8  as the increase in the hourly minimum wage as  provided  in  subdivision
     9  one  of  this  section,  including the amounts specified in such minimum
    10  wage orders as allowances for gratuities,  and  when  furnished  by  the
    11  employer  to  its  employees, for meals, lodging, apparel and other such
    12  items, services and facilities. All amounts so modified shall be rounded
    13  off to the nearest five cents. The modified orders shall be  promulgated
    14  by the commissioner without a public hearing, and without reference to a
    15  wage  board,  and  shall  become effective on the effective date of such
    16  increases in the minimum wage  except  as  otherwise  provided  in  this
    17  subdivision, notwithstanding any other provision of this article.
    18     (c) Notwithstanding any provision of law to the contrary, any minimum
    19  wage  order adopted on or after the effective date of the chapter of the
    20  laws of two thousand nineteen that added this paragraph,  including  any
    21  wage  order  establishing or modifying overtime thresholds for employees
    22  paid a salary for services, shall only be adopted  if  the  commissioner
    23  conducts an analysis of the effect of the increase in such order includ-
    24  ing,  but  not  limited to, the impact upon employers, employees and the
    25  economy of the state and the  affected  regions  within  the  state  and
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10089-01-9

        S. 4056                             2
     1  following  at  least two public hearings, with at least one such hearing
     2  being held outside of New York city. In  conducting  the  analysis,  the
     3  commissioner  shall  consult  with the department's division of research
     4  and  statistics,  the  United  States  department  of labor, the federal
     5  reserve bank of New York and other economic  experts.  The  commissioner
     6  shall  reference well-established economic indexes and accepted economic
     7  factors in determining whether a modification to the minimum wage  order
     8  is justified and the extent of any such modification. Any analysis shall
     9  be separate and distinct from an investigation by the commissioner and a
    10  report  and recommendation by a wage board related to an increase in the
    11  minimum wage, as provided for in this article.
    12    § 2. Subdivision 5 of section 652 of the  labor  law,  as  amended  by
    13  section  2  of  part  K of chapter 54 of the laws of 2016, is amended to
    14  read as follows:
    15    5. Notwithstanding subdivisions one and two of this section, meal  and
    16  lodging  allowances  for  a  food  service  worker receiving a cash wage
    17  pursuant to subdivision four of this section  shall  not  increase  more
    18  than two-thirds of the increase [required] authorized by subdivision two
    19  of  this  section  as applied to state wage orders in effect pursuant to
    20  subdivision one of this section.
    21    § 3. This act shall take effect immediately  and  apply  to  any  wage
    22  orders adopted on or after such date.
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