Bill Text: NY A08343 | 2013-2014 | General Assembly | Introduced
Bill Title: Relates to the increase in the minimum wage and provides that on December 31st, 2016 and each December 31st thereafter, the rate shall be indexed to inflation.
Spectrum: Partisan Bill (Democrat 78-0)
Status: (Introduced - Dead) 2014-06-10 - amended on third reading (t) 8343a [A08343 Detail]
Download: New_York-2013-A08343-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
8343
I N A S S E M B L Y
January 9, 2014
___________
Introduced by M. of A. HEASTIE, SILVER, WRIGHT, MORELLE, FARRELL, HOOP-
ER, PEOPLES-STOKES, JACOBS, MARKEY, MILLER, ABINANTI, SKARTADOS,
SEPULVEDA, BRAUNSTEIN, CLARK, DenDEKKER, DINOWITZ, FAHY, GALEF, GOTT-
FRIED, JAFFEE, LUPARDO, MAYER, MOYA, ROSENTHAL -- Multi-Sponsored by
-- M. of A. ABBATE, BENEDETTO, BRENNAN, BUCHWALD, CAMARA, COOK, CRES-
PO, CUSICK, DAVILA, GANTT, GLICK, GOLDFEDER, HENNESSEY, HIKIND, KIM,
LAVINE, LENTOL, LIFTON, MILLMAN, MOSLEY, NOLAN, O'DONNELL, ORTIZ,
OTIS, PAULIN, PERRY, PRETLOW, RAMOS, ROBERTS, ROBINSON, RODRIGUEZ,
ROZIC, RYAN, SCARBOROUGH, SCHIMEL, SIMOTAS, SKOUFIS, SOLAGES, STECK,
SWEENEY, THIELE, TITONE, WEINSTEIN, WEISENBERG, WEPRIN -- read once
and referred to the Committee on Labor
AN ACT to amend the labor law, in relation to the minimum wage and
repealing subdivision 6 of section 652 of such law relating thereto
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Paragraph (n) of subdivision 5 of section 651 of the labor
2 law, as amended by chapter 481 of the laws of 2010, is amended to read
3 as follows:
4 (n) by [a] THE federal[, state or municipal] government [or political
5 subdivision thereof]. The exclusions from the term "employee" contained
6 in this subdivision shall be as defined by regulations of the commis-
7 sioner; or
8 S 2. Subdivision 6 of section 651 of the labor law, as amended by
9 chapter 281 of the laws of 2002, is amended to read as follows:
10 6. "Employer" includes any individual, partnership, association,
11 corporation, limited liability company, business trust, legal represen-
12 tative, STATE OR MUNICIPAL GOVERNMENT OR POLITICAL SUBDIVISION THEREOF,
13 or any organized group of persons acting as employer.
14 S 3. Subdivisions 1, 4 and 5 of section 652 of the labor law, subdivi-
15 sion 1 as amended by section 1 of part P of chapter 57 of the laws of
16 2013 and subdivisions 4 and 5 as amended by chapter 747 of the laws of
17 2004, are amended to read as follows:
18 1. Statutory. Every employer shall pay to each of its employees for
19 each hour worked a wage of not less than:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13423-03-4
A. 8343 2
1 $4.25 on and after April 1, 1991,
2 $5.15 on and after March 31, 2000,
3 $6.00 on and after January 1, 2005,
4 $6.75 on and after January 1, 2006,
5 $7.15 on and after January 1, 2007,
6 $8.00 on and after December 31, 2013,
7 [$8.75 on and after December 31, 2014,]
8 $9.00 on and after December 31, [2015] 2014, AND ON AND AFTER DECEMBER
9 31, 2015 AND ON EACH FOLLOWING DECEMBER THIRTY-FIRST, THE COMMISSIONER
10 SHALL CALCULATE AND ESTABLISH AN ADJUSTED MINIMUM WAGE RATE BY INCREAS-
11 ING THE THEN CURRENT MINIMUM WAGE RATE BY THE RATE OF INFLATION FOR THE
12 MOST RECENT TWELVE MONTH PERIOD AVAILABLE PRIOR TO EACH DECEMBER THIR-
13 TY-FIRST USING THE CONSUMER PRICE INDEX-ALL URBAN CONSUMERS, CPI-U, OR A
14 SUCCESSOR INDEX AS CALCULATED BY THE UNITED STATES DEPARTMENT OF LABOR,
15 IF SUCH RATE OF INFLATION IS GREATER THAN ZERO PERCENT, or, if greater,
16 such other wage as may be established by federal law pursuant to 29
17 U.S.C. section 206 or its successors or such other wage as may be estab-
18 lished in accordance with the provisions of this article.
19 4. Notwithstanding subdivisions one and two of this section, the wage
20 for an employee who is a food service worker receiving tips shall be a
21 cash wage of at least three dollars and thirty cents per hour on or
22 after March thirty-first, two thousand; three dollars and eighty-five
23 cents on or after January first, two thousand five; at least four
24 dollars and thirty-five cents on or after January first, two thousand
25 six; [and] at least four dollars and sixty cents on or after January
26 first, two thousand seven; AT LEAST FIVE DOLLARS AND FIFTY CENTS ON OR
27 AFTER THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND
28 FOURTEEN THAT AMENDED THIS SUBDIVISION; AND AT LEAST SIX DOLLARS AND
29 TWENTY CENTS ON OR AFTER DECEMBER THIRTY-FIRST, TWO THOUSAND FOURTEEN;
30 AND ON OR AFTER DECEMBER THIRTY-FIRST, TWO THOUSAND FIFTEEN AND ON EACH
31 FOLLOWING DECEMBER THIRTY-FIRST, THE COMMISSIONER SHALL CALCULATE AND
32 ESTABLISH AN ADJUSTED CASH WAGE RATE BY INCREASING THE THEN CURRENT CASH
33 WAGE RATE BY THE RATE OF INFLATION FOR THE MOST RECENT TWELVE MONTH
34 PERIOD AVAILABLE PRIOR TO EACH DECEMBER THIRTY-FIRST USING THE CONSUMER
35 PRICE INDEX-ALL URBAN CONSUMERS, CPI-U, OR A SUCCESSOR INDEX AS CALCU-
36 LATED BY THE UNITED STATES DEPARTMENT OF LABOR, IF SUCH RATE OF
37 INFLATION IS GREATER THAN ZERO PERCENT, provided that the tips of such
38 an employee, when added to such cash wage, are equal to or exceed the
39 minimum wage in effect pursuant to subdivision one of this section and
40 provided further that no other cash wage is established pursuant to
41 section six hundred fifty-three of this article. In the event the cash
42 wage payable under the Fair Labor Standards Act (29 United States Code
43 Sec. 203 (m), as amended), is increased after enactment of this subdivi-
44 sion, the cash wage payable under this subdivision shall automatically
45 be increased by the proportionate increase in the cash wage payable
46 under such federal law, and will be immediately enforceable as the cash
47 wage payable to food service workers under this article.
48 5. Notwithstanding subdivisions one and two of this section, meal and
49 lodging allowances for a food service worker receiving a cash wage
50 amounting to three dollars and thirty cents per hour on or after March
51 thirty-first, two thousand; three dollars and eighty-five cents on or
52 after January first, two thousand five; four dollars and thirty-five
53 cents on or after January first, two thousand six; [and] four dollars
54 and sixty cents on or after January first, two thousand seven; FIVE
55 DOLLARS AND FIFTY CENTS ON OR AFTER THE EFFECTIVE DATE OF THE CHAPTER OF
56 THE LAWS OF TWO THOUSAND FOURTEEN THAT AMENDED THIS SUBDIVISION; SIX
A. 8343 3
1 DOLLARS AND TWENTY CENTS ON OR AFTER DECEMBER THIRTY-FIRST, TWO THOUSAND
2 FOURTEEN; AND ON OR AFTER DECEMBER THIRTY-FIRST, TWO THOUSAND FIFTEEN
3 AND ON EACH FOLLOWING DECEMBER THIRTY-FIRST, THE COMMISSIONER SHALL
4 CALCULATE AND ESTABLISH AN ADJUSTED CASH WAGE RATE BY INCREASING THE
5 THEN CURRENT CASH WAGE RATE BY THE RATE OF INFLATION FOR THE MOST RECENT
6 TWELVE MONTH PERIOD AVAILABLE PRIOR TO EACH DECEMBER THIRTY-FIRST USING
7 THE CONSUMER PRICE INDEX-ALL URBAN CONSUMERS, CPI-U, OR A SUCCESSOR
8 INDEX AS CALCULATED BY THE UNITED STATES DEPARTMENT OF LABOR, IF SUCH
9 RATE OF INFLATION IS GREATER THAN ZERO PERCENT, shall not increase more
10 than two-thirds of the increase required by subdivision two of this
11 section as applied to state wage orders in effect pursuant to subdivi-
12 sion one of this section.
13 S 4. Subdivision 6 of section 652 of the labor law is REPEALED.
14 S 5. Subdivision 2 of section 653 of the labor law, as added by chap-
15 ter 14 of the laws of 2000, is amended to read as follows:
16 (2) The commissioner shall, within six months after enactment of any
17 change in the statutory minimum wage set forth in subdivision one of
18 section six hundred fifty-two of this article, appoint a wage board to
19 inquire and report and recommend any changes to wage orders governing
20 wages payable to food service workers AND SERVICE EMPLOYEES PAID IN
21 ACCORDANCE WITH PART 146 OF TITLE 12 OF THE NEW YORK STATE COMPILATION
22 OF CODES, RULES AND REGULATIONS. Such wage board shall be established
23 consistent with the provisions of subdivision one of section six hundred
24 fifty-five of this article, except the representatives of the employees
25 shall be selected upon the nomination of the state American Federation
26 of Labor/Congress of Industrial Organizations; and provided, further,
27 that the representatives of the employers shall be selected upon the
28 nomination of the New York State Business Council. Any wage order
29 authorizing a lesser wage than the previously and statutorily mandated
30 minimum wage for such employees shall be reviewed by the wage board to
31 ascertain at what level such wage order is sufficient to provide
32 adequate maintenance and to protect the health and livelihood of employ-
33 ees subject to such a wage order after a statutory increase in the
34 mandated minimum wage.
35 S 6. This act shall take effect immediately.
