Bill Text: NY A02203 | 2023-2024 | General Assembly | Introduced
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 16-0)
Status: (Introduced) 2023-01-24 - enacting clause stricken [A02203 Detail]
Download: New_York-2023-A02203-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 2203 2023-2024 Regular Sessions IN ASSEMBLY January 24, 2023 ___________ Introduced by M. of A. JOYNER, BRONSON, DINOWITZ, HEVESI, COLTON, GIBBS, L. ROSENTHAL, DICKENS, ARDILA, BORES, EPSTEIN, GONZALEZ-ROJAS, KELLES, MAMDANI, RAGA, SHRESTHA -- read once and referred to the Committee on Labor 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. 17 (a) New York City. [(i) Large employers.] Every employer [of eleven or18more employees] shall pay to each of its employees for each hour worked 19 in the city of New York a wage of not less than: 20 $11.00 per hour on and after December 31, 2016, 21 $13.00 per hour on and after December 31, 2017, 22 $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. LBD06860-01-3A. 2203 2 1 $17.25 on and after January 1, 2025, 2 $19.25 on and after January 1, 2026, 3 $21.25 on and after January 1, 2027, or, if greater, such other wage 4 as may be established by federal law pursuant to 29 U.S.C. section 206 5 or its successors or such other wage as may be established in accordance 6 with the provisions of this article. 7 [(ii) Small employers. Every employer of ten or less employees shall8pay to each of its employees for each hour worked in the city of New9York a wage of not less than:10$10.50 per hour on and after December 31, 2016,11$12.00 per hour on and after December 31, 2017,12$13.50 per hour on and after December 31, 2018,13$15.00 per hour on and after December 31, 2019, or, if greater, such14other wage as may be established by federal law pursuant to 29 U.S.C.15section 206 or its successors or such other wage as may be established16in accordance with the provisions of this article.] 17 (b) Remainder of downstate. Every employer shall pay to each of its 18 employees for each hour worked in the counties of Nassau, Suffolk and 19 Westchester a wage not less than: 20 $10.00 per hour on and after December 31, 2016, 21 $11.00 per hour on and after December 31, 2017, 22 $12.00 per hour on and after December 31, 2018, 23 $13.00 per hour on and after December 31, 2019, 24 $14.00 per hour on and after December 31, 2020, 25 $15.00 per hour on and after December 31, 2021, 26 $17.25 on and after January 1, 2025, 27 $19.25 on and after January 1, 2026, 28 $21.25 on and after January 1, 2027, or, if greater, such other wage 29 as may be established by federal law pursuant to 29 U.S.C. section 206 30 or its successors or such other wage as may be established in accordance 31 with the provisions of this article. 32 (c) Remainder of state. Every employer shall pay to each of its 33 employees for each hour worked outside of the city of New York and the 34 counties of Nassau, Suffolk, and Westchester, a wage of not less than: 35 $9.70 on and after December 31, 2016, 36 $10.40 on and after December 31, 2017, 37 $11.10 on and after December 31, 2018, 38 $11.80 on and after December 31, 2019, 39 $12.50 on and after December 31, 2020, 40 $14.20 on and after January 1, 2024, 41 $16.00 on and after January 1, 2025, 42 $18.00 on and after January 1, 2026, 43 $20.00 on and after January 1, 2027, 44 [and on each following December thirty-first, a wage published by the45commissioner on or before October first, based on the then current mini-46mum wage increased by a percentage determined by the director of the47budget in consultation with the commissioner, with the result rounded to48the nearest five cents, totaling no more than fifteen dollars, where the49percentage increase shall be based on indices including, but not limited50to, (i) the rate of inflation for the most recent twelve month period51ending June of that year based on the consumer price index for all urban52consumers on a national and seasonally unadjusted basis (CPI-U), or a53successor index as calculated by the United States department of labor,54(ii) the rate of state personal income growth for the prior calendar55year, or a successor index, published by the bureau of economic analysis56of the United States department of commerce, or (iii) wage growth;] or,A. 2203 3 1 if greater, such other wage as may be established by federal law pursu- 2 ant to 29 U.S.C. section 206 or its successors or such other wage as may 3 be established in accordance with the provisions of this article. 4 (d) Annual increases. On January first, two thousand twenty-eight, and 5 on each following January first, the wages set forth in paragraphs (a), 6 (b) and (c) of this subdivision and any other wages established in 7 accordance with the provisions of this chapter and set forth in any 8 minimum wage order, shall be the wages published by the commissioner 9 pursuant to this paragraph. The commissioner shall publish such wages on 10 or before October first, two thousand twenty-seven, and on or before 11 each following October first. The commissioner shall base each such 12 published wage on each then current wage increased by the sum of: (1) 13 the rate of inflation, if greater than zero, as measured by the change 14 in the consumer price index for all urban wage earners and clerical 15 workers on a national and seasonally unadjusted basis (CPI-W), or a 16 successor index, as calculated by the United States department of labor; 17 and (2) labor productivity growth, if greater than zero, as measured by 18 the change in the average quarterly index for the four quarters through 19 the second quarter of the current year divided by the average quarterly 20 index for the four quarters through the second quarter of the preceding 21 year in national labor productivity (output per hour) of all employed 22 persons in the nonfarm business sector, or a successor index, as calcu- 23 lated by the United States department of labor, with the sum rounded to 24 the nearest multiple of five cents. The commissioner shall publish such 25 wages on or before October first, two thousand twenty-seven, and on or 26 before each following October first. Provided, however, that the wage 27 set forth for paragraph (c) of this subdivision that the commissioner 28 publishes on or before October first, two thousand twenty-seven to take 29 effect on January first, two thousand twenty-eight shall be a wage that 30 is equal to the wage that the commissioner publishes to take effect on 31 January first, two thousand twenty-eight for paragraphs (a) and (b) of 32 this subdivision. Thereafter, beginning with the wage that the commis- 33 sioner publishes for paragraph (c) of this subdivision on or before 34 October first, two thousand twenty-eight to take effect on January 35 first, two thousand twenty-nine, and that the commissioner publishes on 36 or before each following October first to take effect on each following 37 January first, the commissioner shall adjust the current wage for para- 38 graph (c) of this subdivision using the formula specified above in this 39 paragraph. For purposes of subdivision two of this section, each 40 published wage that increases each then current minimum wage shall be 41 deemed to be an increase in hourly minimum wage as provided in this 42 subdivision. 43 (e) The rates and schedules established [in paragraphs (a) and (b) of] 44 under this subdivision for New York city and Nassau, Suffolk, and West- 45 chester counties shall not be deemed to be the minimum wage under this 46 subdivision for purposes of the calculations specified in subdivisions 47 one and two of section five hundred twenty-seven of this chapter. 48 § 2. Subdivision 6 of section 652 of the labor law is REPEALED. 49 § 3. This act shall take effect immediately.