Bill Text: NY S06335 | 2011-2012 | General Assembly | Amended
Bill Title: Raises the statutory minimum wage from $7.15 to $8.50 on and after January 1, 2013; raises the minimum wage to $9.25 on and after January 1, 2014.
Spectrum: Partisan Bill (Democrat 16-0)
Status: (Introduced - Dead) 2012-03-07 - PRINT NUMBER 6335B [S06335 Detail]
Download: New_York-2011-S06335-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
6335--B
I N S E N A T E
January 27, 2012
___________
Introduced by Sens. ESPAILLAT, AVELLA, STAVISKY -- read twice and
ordered printed, and when printed to be committed to the Committee on
Labor -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee -- 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 statutory
minimum wage
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, as
15 amended by chapter 747 of the laws of 2004, are amended to read as
16 follows:
17 1. Statutory. Every employer shall pay to each of its employees for
18 each hour worked a wage of not less than:
19 $4.25 on and after April 1, 1991
20 $5.15 on and after March 31, 2000,
21 $6.00 on and after January 1, 2005,
22 $6.75 on and after January 1, 2006,
23 $7.15 on and after January 1, 2007,
24 $8.50 ON AND AFTER JANUARY 1, 2013,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13974-05-2
S. 6335--B 2
1 $9.25 ON AND AFTER JANUARY 1, 2014,
2 AND ON AND AFTER JANUARY 1, 2015 AND ON EACH FOLLOWING JANUARY FIRST,
3 AN ADJUSTED MINIMUM WAGE RATE THAT THE COMMISSIONER SHALL CALCULATE AND
4 ESTABLISH BY INCREASING THE THEN CURRENT MINIMUM WAGE RATE BY THE RATE
5 OF INFLATION FOR THE MOST RECENT TWELVE MONTH PERIOD THAT IS AVAILABLE
6 AT THE TIME THE ADJUSTED MINIMUM WAGE RATE IS CALCULATED AND ANNOUNCED
7 USING THE CONSUMER PRICE INDEX (URBAN WAGE EARNERS AND CLERICAL WORKERS,
8 ALL ITEMS, NY-NJ-CT-PA, NOT SEASONALLY ADJUSTED), OR A SUCCESSOR INDEX
9 AS CALCULATED BY THE UNITED STATES DEPARTMENT OF LABOR, IF SUCH RATE OF
10 INFLATION IS GREATER THAN ZERO PERCENT, ROUNDED TO THE NEAREST MULTIPLE
11 OF FIVE CENTS, or, if greater, such other wage as may be established by
12 federal law pursuant to 29 U.S.C. section 206 or its successors or such
13 other wage as may be established in accordance with the provisions of
14 this article.
15 4. Notwithstanding subdivisions one and two of this section, the wage
16 for an employee who is a food service worker receiving tips shall be a
17 cash wage of at least three dollars and thirty cents per hour on or
18 after March thirty-first, two thousand; three dollars and eighty-five
19 cents on or after January first, two thousand five; at least four
20 dollars and thirty-five cents on or after January first, two thousand
21 six; [and] at least four dollars and sixty cents on or after January
22 first, two thousand seven; AND AT LEAST FIVE DOLLARS AND EIGHTY-FIVE
23 CENTS ON OR AFTER JANUARY FIRST, TWO THOUSAND THIRTEEN; AND AT LEAST SIX
24 DOLLARS AND FORTY CENTS ON OR AFTER JANUARY FIRST, TWO THOUSAND FOURTEEN
25 AND ON OR AFTER JANUARY FIRST, TWO THOUSAND FIFTEEN AND ON EACH FOLLOW-
26 ING JANUARY FIRST, AN ADJUSTED MINIMUM WAGE RATE THAT THE COMMISSIONER
27 SHALL CALCULATE AND ESTABLISH BY INCREASING THE THEN CURRENT MINIMUM
28 WAGE RATE BY THE RATE OF INFLATION FOR THE MOST RECENT TWELVE MONTH
29 PERIOD AVAILABLE AT THE TIME THE ADJUSTED MINIMUM WAGE RATE IS CALCU-
30 LATED AND ANNOUNCED USING THE CONSUMER PRICE INDEX (URBAN WAGE EARNERS
31 AND CLERICAL WORKERS, ALL ITEMS, NY-NJ-CT-PA, NOT SEASONALLY ADJUSTED),
32 OR A SUCCESSOR INDEX AS CALCULATED BY THE UNITED STATES DEPARTMENT OF
33 LABOR, IF SUCH RATE OF INFLATION IS GREATER THAN ZERO PERCENT, ROUNDED
34 TO THE NEAREST MULTIPLE OF FIVE CENTS, provided that the tips of such an
35 employee, when added to such cash wage, are equal to or exceed the mini-
36 mum wage in effect pursuant to subdivision one of this section and
37 provided further that no other cash wage is established pursuant to
38 section six hundred fifty-three of this article. In the event the cash
39 wage payable under the Fair Labor Standards Act (29 United States Code
40 Sec. 203 (m), as amended), is increased after enactment of this subdivi-
41 sion, the cash wage payable under this subdivision shall automatically
42 be increased by the proportionate increase in the cash wage payable
43 under such federal law, and will be immediately enforceable as the cash
44 wage payable to food service workers under this article.
45 5. Notwithstanding subdivisions one and two of this section, meal and
46 lodging allowances for a food service worker receiving a cash wage
47 amounting to three dollars and thirty cents per hour on or after March
48 thirty-first, two thousand; three dollars and eighty-five cents on or
49 after January first, two thousand five; four dollars and thirty-five
50 cents on or after January first, two thousand six; [and] four dollars
51 and sixty cents on or after January first, two thousand seven; FIVE
52 DOLLARS AND EIGHTY-FIVE CENTS ON OR AFTER JANUARY FIRST, TWO THOUSAND
53 THIRTEEN; AND AT LEAST SIX DOLLARS AND FORTY CENTS ON OR AFTER JANUARY
54 FIRST, TWO THOUSAND FOURTEEN AND ON OR AFTER JANUARY FIRST, TWO THOUSAND
55 FIFTEEN AND ON EACH FOLLOWING JANUARY FIRST, AN ADJUSTED MINIMUM WAGE
56 RATE THAT THE COMMISSIONER SHALL CALCULATE AND ESTABLISH BY INCREASING
S. 6335--B 3
1 THE THEN CURRENT MINIMUM WAGE RATE BY THE RATE OF INFLATION FOR THE MOST
2 RECENT TWELVE MONTH PERIOD AVAILABLE AT THE TIME THE ADJUSTED MINIMUM
3 WAGE RATE IS CALCULATED AND ANNOUNCED USING THE CONSUMER PRICE INDEX
4 (URBAN WAGE EARNERS AND CLERICAL WORKERS, ALL ITEMS, NY-NJ-CT-PA, NOT
5 SEASONALLY ADJUSTED), OR A SUCCESSOR INDEX AS CALCULATED BY THE UNITED
6 STATES DEPARTMENT OF LABOR, IF SUCH RATE OF INFLATION IS GREATER THAN
7 ZERO PERCENT, ROUNDED TO THE NEAREST MULTIPLE OF FIVE CENTS, shall not
8 increase more than two-thirds of the increase required by subdivision
9 two of this section as applied to state wage orders in effect pursuant
10 to subdivision one of this section.
11 S 4. Section 665 of the labor law, as added by chapter 619 of the laws
12 of 1960, is amended to read as follows:
13 S 665. Savings AND NON-PREEMPTION clause. 1. If any provision of this
14 article or the application thereof to any person, employer, occupation
15 or circumstance is held invalid, the remainder of the article and the
16 application of such provision to other persons, employees, occupations,
17 or circumstances shall not be affected thereby.
18 2. NOTHING IN THIS ARTICLE OR ANY OTHER PROVISION OF LAW SHALL BE
19 DEEMED TO RESTRICT LOCAL GOVERNMENTS FROM REQUIRING PAYMENT OF HIGHER
20 WAGES OR BENEFITS WITHIN THEIR GEOGRAPHIC BOUNDARIES.
21 S 5. This act shall take effect immediately.
