Bill Text: NY S05086 | 2017-2018 | General Assembly | Introduced
Bill Title: Requires an expert analysis and public hearings before wage orders shall take effect.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2018-01-03 - REFERRED TO LABOR [S05086 Detail]
Download: New_York-2017-S05086-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5086 2017-2018 Regular Sessions IN SENATE March 7, 2017 ___________ Introduced by Sen. DeFRANCISCO -- 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 and except 19 as provided for in section three of the chapter of laws of two thousand 20 seventeen that added this paragraph, any minimum wage order adopted on 21 or after the effective date of the chapter of laws of two thousand 22 seventeen that added this paragraph, including any wage order establish- 23 ing or modifying overtime thresholds for employees paid a salary for 24 services, shall only be adopted if the commissioner conducts an analysis 25 of the effect of the increase in such order including, but not limited EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD10401-01-7S. 5086 2 1 to, the impact upon employers, employees and the economy of the state 2 and the affected regions within the state and following at least two 3 public hearings, with at least one such hearing being held outside of 4 New York city. In conducting the analysis, the commissioner shall 5 consult with the department's division of research and statistics, the 6 United States department of labor, the federal reserve bank of New York 7 and other economic experts. The commissioner shall reference well-es- 8 tablished economic indexes and accepted economic factors in determining 9 whether a modification to the minimum wage order is justified and the 10 extent of any such modification. Any analysis shall be separate and 11 distinct from an investigation by the commissioner and a report and 12 recommendation by a wage board related to an increase in the minimum 13 wage, as provided for in this article. 14 § 2. Subdivision 5 of section 652 of the labor law, as amended by 15 section 2 of part K of chapter 54 of the laws of 2016, is amended to 16 read as follows: 17 5. Notwithstanding subdivisions one and two of this section, meal and 18 lodging allowances for a food service worker receiving a cash wage 19 pursuant to subdivision four of this section shall not increase more 20 than two-thirds of the increase [required] authorized by subdivision two 21 of this section as applied to state wage orders in effect pursuant to 22 subdivision one of this section. 23 § 3. Notwithstanding any law to the contrary, any increase or 24 increases in a minimum wage pursuant to a wage order adopted by rule on 25 December 28, 2016 but not yet applicable on the effective date of this 26 act shall not apply unless and until such wage order complies with the 27 requirements of this act. 28 § 4. This act shall take effect immediately and apply to any wage 29 orders adopted on or after such date.
