Bill Text: NY S09085 | 2019-2020 | General Assembly | Introduced

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Bill Title: Increases the minimum wage annually by a percentage determined by the commissioner of labor and which is based on inflation.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2020-11-09 - REFERRED TO RULES [S09085 Detail]

Download: New_York-2019-S09085-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          9085

                    IN SENATE

                                    November 9, 2020
                                       ___________

        Introduced  by  Sen.  RAMOS  -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules

        AN ACT to amend the labor law, in relation to raising the  minimum  wage
          annually by a percentage which is based on inflation

          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,
    24    and  on  each following December thirty-first, a wage published by the
    25  commissioner on or before October first, based on the then current mini-
    26  mum wage increased by the lesser of three and one-half percent  and  the
    27  rate  of  inflation,  if  greater  than zero, for the most recent twelve
    28  month period ending June of that year based on the consumer price  index

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD17496-02-0
        S. 9085                             2

     1  for  all  urban  consumers on a national and seasonally unadjusted basis
     2  (CPI-U), or a successor index as calculated by the United States depart-
     3  ment of labor, or, if greater, such other wage as may be established  by
     4  federal law pursuant to 29 U.S.C.  section 206 or its successors or such
     5  other  wage  as  may be established in accordance with the provisions of
     6  this article.
     7    (ii) Small employers. Every employer of ten or  less  employees  shall
     8  pay  to  each  of  its employees for each hour worked in the city of New
     9  York 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,
    14    and on each following December thirty-first, a wage published  by  the
    15  commissioner on or before October first, based on the then current mini-
    16  mum  wage  increased by the lesser of three and one-half percent and the
    17  rate of inflation, if greater than zero,  for  the  most  recent  twelve
    18  month  period ending June of that year based on the consumer price index
    19  for all urban consumers on a national and  seasonally  unadjusted  basis
    20  (CPI-U), or a successor index as calculated by the United States depart-
    21  ment  of labor, or, if greater, such other wage as may be established by
    22  federal law pursuant to 29 U.S.C.  section 206 or its successors or such
    23  other wage as may be established in accordance with  the  provisions  of
    24  this article.
    25    (b)  Remainder  of  downstate. Every employer shall pay to each of its
    26  employees for each hour worked in the counties of  Nassau,  Suffolk  and
    27  Westchester a wage not less than:
    28    $10.00 per hour on and after December 31, 2016,
    29    $11.00 per hour on and after December 31, 2017,
    30    $12.00 per hour on and after December 31, 2018,
    31    $13.00 per hour on and after December 31, 2019,
    32    $14.00 per hour on and after December 31, 2020,
    33    $15.00 per hour on and after December 31, 2021,
    34    and  on  each following December thirty-first, a wage published by the
    35  commissioner on or before October first, based on the then current mini-
    36  mum wage increased by the lesser of three and one-half percent  and  the
    37  rate  of  inflation,  if  greater  than zero, for the most recent twelve
    38  month period ending June of that year based on the consumer price  index
    39  for  all  urban  consumers on a national and seasonally unadjusted basis
    40  (CPI-U), or a successor index as calculated by the United States depart-
    41  ment of labor, or, if greater, such other wage as may be established  by
    42  federal  law pursuant to 29 U.S.C. section 206 or its successors or such
    43  other wage as may be established in accordance with  the  provisions  of
    44  this article.
    45    (c)  Remainder  of  state.  Every  employer  shall  pay to each of its
    46  employees for each hour worked outside of the city of New York  and  the
    47  counties of Nassau, Suffolk, and Westchester, a wage of not less than:
    48    $9.70 on and after December 31, 2016,
    49    $10.40 on and after December 31, 2017,
    50    $11.10 on and after December 31, 2018,
    51    $11.80 on and after December 31, 2019,
    52    $12.50 on and after December 31, 2020,
    53    and  on  each following December thirty-first, a wage published by the
    54  commissioner on or before October first, based on the then current mini-
    55  mum wage increased by [a percentage determined by the  director  of  the
    56  budget in consultation with the commissioner, with the result rounded to
        S. 9085                             3

     1  the nearest five cents, totaling no more than fifteen dollars, where the
     2  percentage increase shall be based on indices including, but not limited
     3  to,  (i)]  the  lesser  of  three  and  one-half percent and the rate of
     4  inflation, if greater than zero, for the most recent twelve month period
     5  ending June of that year based on the consumer price index for all urban
     6  consumers  on  a  national and seasonally unadjusted basis (CPI-U), or a
     7  successor index as calculated by the United States department of  labor,
     8  [(ii)  the  rate  of state personal income growth for the prior calendar
     9  year, or a successor index, published by the bureau of economic analysis
    10  of the United States department of commerce, or (iii) wage growth;]  or,
    11  if  greater, such other wage as may be established by federal law pursu-
    12  ant to 29 U.S.C. section 206 or its successors or such other wage as may
    13  be established in accordance with the provisions of this article.
    14    (d) The rates and schedules established in paragraphs (a) and  (b)  of
    15  this  subdivision  shall not be deemed to be the minimum wage under this
    16  subdivision for purposes of the calculations specified  in  subdivisions
    17  one and two of section five hundred twenty-seven of this chapter.
    18    § 2. This act shall take effect immediately.