STATE OF NEW YORK
________________________________________________________________________
7503--A
2021-2022 Regular Sessions
IN ASSEMBLY
May 12, 2021
___________
Introduced by M. of A. JOYNER, BRONSON -- read once and referred to the
Committee on Labor -- committee discharged, bill amended, 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,
14 and until December 31, 2016, or, if greater, such other wage as may be
15 established by federal law pursuant to 29 U.S.C. section 206 or its
16 successors or such other wage as may be established in accordance with
17 the provisions of this article.
18 (a) New York City. (i) Large employers. Every employer of eleven or
19 more employees shall pay to each of its employees for each hour worked
20 in the city of New York a wage of not less than:
21 $11.00 per hour on and after December 31, 2016,
22 $13.00 per hour on and after December 31, 2017,
23 $15.00 per hour on and after December 31, 2018,
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06653-08-1
A. 7503--A 2
1 and on each following December thirty-first, a wage published by the
2 commissioner on or before October first, based on the then current mini-
3 mum wage increased by the rate of inflation, if greater than zero, for
4 the most recent twelve month period ending June of that year based on
5 the consumer price index for all urban consumers on a national and
6 seasonally unadjusted basis (CPI-U), or a successor index as calculated
7 by the United States department of labor, or, if greater, such other
8 wage as may be established by federal law pursuant to 29 U.S.C. section
9 206 or its successors or such other wage as may be established in
10 accordance with the provisions of this article.
11 (ii) Small employers. Every employer of ten or less employees shall
12 pay to each of its employees for each hour worked in the city of New
13 York a wage of not less than:
14 $10.50 per hour on and after December 31, 2016,
15 $12.00 per hour on and after December 31, 2017,
16 $13.50 per hour on and after December 31, 2018,
17 $15.00 per hour on and after December 31, 2019,
18 and on each following December thirty-first, a wage published by the
19 commissioner on or before October first, based on the then current mini-
20 mum wage increased by the rate of inflation, if greater than zero, for
21 the most recent twelve month period ending June of that year based on
22 the consumer price index for all urban consumers on a national and
23 seasonally unadjusted basis (CPI-U), or a successor index as calculated
24 by the United States department of labor, or, if greater, such other
25 wage as may be established by federal law pursuant to 29 U.S.C. section
26 206 or its successors or such other wage as may be established in
27 accordance with the provisions of this article.
28 (b) Remainder of downstate. Every employer shall pay to each of its
29 employees for each hour worked in the counties of Nassau, Suffolk and
30 Westchester a wage not less than:
31 $10.00 per hour on and after December 31, 2016,
32 $11.00 per hour on and after December 31, 2017,
33 $12.00 per hour on and after December 31, 2018,
34 $13.00 per hour on and after December 31, 2019,
35 $14.00 per hour on and after December 31, 2020,
36 $15.00 per hour on and after December 31, 2021,
37 and on each following December thirty-first, a wage published by the
38 commissioner on or before October first, based on the then current mini-
39 mum wage increased by the rate of inflation, if greater than zero, for
40 the most recent twelve month period ending June of that year based on
41 the consumer price index for all urban consumers on a national and
42 seasonally unadjusted basis (CPI-U), or a successor index as calculated
43 by the United States department of labor, or, if greater, such other
44 wage as may be established by federal law pursuant to 29 U.S.C. section
45 206 or its successors or such other wage as may be established in
46 accordance with the provisions of this article.
47 (c) Remainder of state. Every employer shall pay to each of its
48 employees for each hour worked outside of the city of New York and the
49 counties of Nassau, Suffolk, and Westchester, a wage of not less than:
50 $9.70 on and after December 31, 2016,
51 $10.40 on and after December 31, 2017,
52 $11.10 on and after December 31, 2018,
53 $11.80 on and after December 31, 2019,
54 $12.50 on and after December 31, 2020,
55 $13.33 on and after December 31, 2021,
56 $14.16 on and after December 31, 2022,
A. 7503--A 3
1 $15.00 on and after December 31, 2023,
2 and on each following December thirty-first, a wage published by the
3 commissioner on or before October first, based on the then current mini-
4 mum wage increased by [a percentage determined by the director of the
5 budget in consultation with the commissioner, with the result rounded to
6 the nearest five cents, totaling no more than fifteen dollars, where the
7 percentage increase shall be based on indices including, but not limited
8 to, (i) the rate of inflation for the most recent twelve month period
9 ending June of that year based on the consumer price index for all urban
10 consumers on a national and seasonally unadjusted basis (CPI-U), or a
11 successor index as calculated by the United States department of labor,
12 (ii) the rate of state personal income growth for the prior calendar
13 year, or a successor index, published by the bureau of economic analysis
14 of the United States department of commerce, or (iii) wage growth;] the
15 rate of inflation, if greater than zero, for the most recent twelve
16 month period ending June of that year based on the consumer price
17 index for all urban consumers on a national and seasonally unad-
18 justed basis (CPI-U), or a successor index as calculated by the
19 United States department of labor, or, if greater, such other wage as
20 may be established by federal law pursuant to 29 U.S.C. section 206 or
21 its successors or such other wage as may be established in accordance
22 with the provisions of this article.
23 (d) The rates and schedules established in paragraphs (a) and (b) of
24 this subdivision shall not be deemed to be the minimum wage under this
25 subdivision for purposes of the calculations specified in subdivisions
26 one and two of section five hundred twenty-seven of this chapter.
27 § 2. Subdivision 6 of section 652 of the labor law is REPEALED.
28 § 3. This act shall take effect immediately.