Bill Text: NY A07503 | 2021-2022 | General Assembly | Amended

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Bill Title: Increases the minimum wage annually; removes the distinction in New York City between large employers and small employers; makes related provisions.

Spectrum: Partisan Bill (Democrat 20-0)

Status: (Introduced - Dead) 2022-11-16 - print number 7503c [A07503 Detail]

Download: New_York-2021-A07503-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         7503--C

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                      May 12, 2021
                                       ___________

        Introduced  by M. of A. JOYNER, BRONSON, CRUZ, STECK, GOTTFRIED, ABBATE,
          GONZALEZ-ROJAS,  HEVESI,  DICKENS,  GALLAGHER,  CLARK,  HUNTER,  COOK,
          DINOWITZ,  SEPTIMO,  SIMON, BENEDETTO -- read once and referred to the
          Committee on Labor --  committee  discharged,  bill  amended,  ordered
          reprinted  as amended and recommitted to said committee -- recommitted
          to the Committee on Labor in accordance with Assembly Rule 3,  sec.  2
          --  committee  discharged,  bill amended, ordered reprinted as amended
          and recommitted to said committee -- again reported from said  commit-
          tee  with  amendments, ordered reprinted as amended and recommitted to
          said committee

        AN ACT to amend the labor law, in relation to raising the  minimum  wage
          annually  by  a  percentage which is based on inflation; and to repeal
          subdivision 6 of section 652 of the labor 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 1 of section 652 of the labor law, as amended
     2  by section 1 of part K of chapter 54 of the laws of 2016, is amended  to
     3  read as follows:
     4    1.  Statutory.  Every  employer shall pay to each of its employees for
     5  each hour worked a wage of not less than:
     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, 2014,
    13    $9.00 on and after December 31, 2015, and until December 31, 2016, or,
    14  if greater, such other wage as may be established by federal law  pursu-
    15  ant to 29 U.S.C. section 206 or its successors or such other wage as may
    16  be established in accordance with the provisions of this article.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06653-18-2
        A. 7503--C                          2

     1    (a) New York City. [(i) Large employers.] Every employer [of eleven or
     2  more  employees] shall pay to each of its employees for each hour worked
     3  in the city of New York a wage of not less than:
     4    $11.00 per hour on and after December 31, 2016,
     5    $13.00 per hour on and after December 31, 2017,
     6    $15.00 per hour on and after December 31, 2018,
     7    $17.25 on and after January 1, 2024,
     8    $19.25 on and after January 1, 2025,
     9    $21.25  on  and after January 1, 2026, or, if greater, such other wage
    10  as may be established by federal law pursuant to 29 U.S.C.  section  206
    11  or its successors or such other wage as may be established in accordance
    12  with the provisions of this article.
    13    [(ii)  Small  employers. Every employer of ten or less employees shall
    14  pay to each of its employees for each hour worked in  the  city  of  New
    15  York a wage of not less than:
    16    $10.50 per hour on and after December 31, 2016,
    17    $12.00 per hour on and after December 31, 2017,
    18    $13.50 per hour on and after December 31, 2018,
    19    $15.00  per  hour on and after December 31, 2019, or, if greater, such
    20  other wage as may be established by federal law pursuant  to  29  U.S.C.
    21  section  206  or its successors or such other wage as may be established
    22  in accordance with the provisions of this article.]
    23    (b) Remainder of downstate. Every employer shall pay to  each  of  its
    24  employees  for  each  hour worked in the counties of Nassau, Suffolk and
    25  Westchester a wage not less than:
    26    $10.00 per hour on and after December 31, 2016,
    27    $11.00 per hour on and after December 31, 2017,
    28    $12.00 per hour on and after December 31, 2018,
    29    $13.00 per hour on and after December 31, 2019,
    30    $14.00 per hour on and after December 31, 2020,
    31    $15.00 per hour on and after December 31, 2021,
    32    $17.25 on and after January 1, 2024,
    33    $19.25 on and after January 1, 2025,
    34    $21.25 on and after January 1, 2026, or, if greater, such  other  wage
    35  as  may  be established by federal law pursuant to 29 U.S.C. section 206
    36  or its successors or such other wage as may be established in accordance
    37  with the provisions of this article.
    38    (c) Remainder of state. Every  employer  shall  pay  to  each  of  its
    39  employees  for  each hour worked outside of the city of New York and the
    40  counties of Nassau, Suffolk, and Westchester, a wage of not less than:
    41    $9.70 on and after December 31, 2016,
    42    $10.40 on and after December 31, 2017,
    43    $11.10 on and after December 31, 2018,
    44    $11.80 on and after December 31, 2019,
    45    $12.50 on and after December 31, 2020,
    46    $13.20 on and after December 31, 2021,
    47    $14.20 on and after January 1, 2023,
    48    $16.00 on and after January 1, 2024,
    49    $18.00 on and after January 1, 2025,
    50    $20.00 on and after January 1, 2026,
    51    [and on each following December thirty-first, a wage published by  the
    52  commissioner on or before October first, based on the then current mini-
    53  mum  wage  increased  by  a percentage determined by the director of the
    54  budget in consultation with the commissioner, with the result rounded to
    55  the nearest five cents, totaling no more than fifteen dollars, where the
    56  percentage increase shall be based on indices including, but not limited
        A. 7503--C                          3

     1  to, (i) the rate of inflation for the most recent  twelve  month  period
     2  ending June of that year based on the consumer price index for all urban
     3  consumers  on  a  national and seasonally unadjusted basis (CPI-U), or a
     4  successor  index as calculated by the United States department of labor,
     5  (ii) the rate of state personal income growth  for  the  prior  calendar
     6  year, or a successor index, published by the bureau of economic analysis
     7  of  the United States department of commerce, or (iii) wage growth;] or,
     8  if greater, such other wage as may be established by federal law  pursu-
     9  ant to 29 U.S.C. section 206 or its successors or such other wage as may
    10  be established in accordance with the provisions of this article.
    11    (d) Annual increases. On January first, two thousand twenty-seven, and
    12  on  each following January first, the wages set forth in paragraphs (a),
    13  (b) and (c) of this subdivision  and  any  other  wages  established  in
    14  accordance  with  the  provisions  of  this chapter and set forth in any
    15  minimum wage order, shall be the wages  published  by  the  commissioner
    16  pursuant to this paragraph. The commissioner shall publish such wages on
    17  or  before October first, two thousand twenty-six, and on or before each
    18  following October first. The commissioner shall base each such published
    19  wage on each then current wage increased by the sum of: (1) the rate  of
    20  inflation,  if  greater  than  zero,  as  measured  by the change in the
    21  consumer price index for all urban wage earners and clerical workers  on
    22  a  national  and  seasonally  unadjusted  basis  (CPI-W), or a successor
    23  index, as calculated by the United States department of labor;  and  (2)
    24  labor  productivity  growth,  if  greater  than zero, as measured by the
    25  change in the average quarterly index for the four quarters through  the
    26  second  quarter  of  the  current  year divided by the average quarterly
    27  index for the four quarters through the second quarter of the  preceding
    28  year  in  national  labor productivity (output per hour) of all employed
    29  persons in the nonfarm business sector, or a successor index, as  calcu-
    30  lated  by the United States department of labor, with the sum rounded to
    31  the nearest multiple of five cents. The commissioner shall publish  such
    32  wages  on  or  before  October first, two thousand twenty-six, and on or
    33  before each following October first. Provided, however,  that  the  wage
    34  set  forth  for  paragraph (c) of this subdivision that the commissioner
    35  publishes on or before October first, two thousand  twenty-six  to  take
    36  effect  on January first, two thousand twenty-seven shall be a wage that
    37  is equal to the wage that the commissioner publishes to take  effect  on
    38  January  first,  two thousand twenty-seven for paragraphs (a) and (b) of
    39  this subdivision. Thereafter, beginning with the wage that  the  commis-
    40  sioner  publishes  for  paragraph  (c)  of this subdivision on or before
    41  October first, two thousand  twenty-seven  to  take  effect  on  January
    42  first, two thousand twenty-eight, and that the commissioner publishes on
    43  or  before each following October first to take effect on each following
    44  January first, the commissioner shall adjust the current wage for  para-
    45  graph  (c) of this subdivision using the formula specified above in this
    46  paragraph. For  purposes  of  subdivision  two  of  this  section,  each
    47  published  wage  that  increases each then current minimum wage shall be
    48  deemed to be an increase in hourly minimum  wage  as  provided  in  this
    49  subdivision.
    50    (e) The rates and schedules established [in paragraphs (a) and (b) of]
    51  under  this subdivision for New York city and Nassau, Suffolk, and West-
    52  chester counties shall not be deemed to be the minimum wage  under  this
    53  subdivision   for purposes of the calculations specified in subdivisions
    54  one and two of section five hundred twenty-seven of this chapter.
    55    § 2. Subdivision 6 of section 652 of the labor law is REPEALED.
    56    § 3. This act shall take effect immediately.