S T A T E O F N E W Y O R K
I N A S S E M B L Y
February 12, 2014
Introduced by M. of A. KAVANAGH, HEASTIE -- read once and referred to
the Committee on Labor
AN ACT to amend the municipal home rule law and the labor law, in
relation to enacting the Fair Local Wage Act allowing localities to
raise minimum wages by twenty-five percent
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act shall be known and may be cited as the "Fair Local
S 2. Paragraph f of subdivision 1 of section 11 of the municipal home
rule law, as amended by chapter 21 of the laws of 1992, is amended to
read as follows:
f. Applies to or affects any provision of paragraph (c) of subdivision
one of section 8-100 of the election law, the labor law, EXCEPT AS
PROVIDED IN SUBDIVISION TWO OF SECTION SIX HUNDRED FIFTY-FOUR OF THE
LABOR LAW, sections two, three and four of chapter one thousand eleven
of the laws of nineteen hundred sixty-eight, entitled "An act in
relation to the maximum hours of labor of certain municipal and fire
district firemen and the holidays of firemen and policemen, repealing
certain sections of the labor law relating thereto, and to amend the
municipal home rule law, in relation thereto," as amended, the volunteer
[firemen's] FIREFIGHTERS' benefit law, or the [workmen's] WORKERS'
compensation law or changes any provision of the multiple residence law
or the multiple dwelling law, except that in a city of one million
persons or more, the provisions of local law for the enforcement of the
housing code which is not less restrictive than the multiple dwelling
law may be applied in the enforcement of the multiple dwelling law.
S 3. Section 654 of the labor law, as added by chapter 619 of the laws
of 1960, is amended to read as follows:
S 654. Basis of changes in minimum wage. (1) In establishing minimum
wages and regulations for any occupation or occupations pursuant to the
provisions of the following sections of this article, the wage board and
the commissioner shall consider the amount sufficient to provide
adequate maintenance and to protect health and, in addition, the wage
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
A. 8767 2
board and the commissioner shall consider the value of the work or clas-
sification of work performed, and the wages paid in the state for work
of like or comparable character.
(2) COUNTIES, CITIES, TOWNS, VILLAGES AND PUBLIC BENEFIT CORPORATIONS
ARE AUTHORIZED TO ENACT HIGHER MINIMUM WAGES UP TO TWENTY-FIVE PERCENT
HIGHER THAN THE MINIMUM WAGE ESTABLISHED FOR EACH CLASS PURSUANT TO THIS
ARTICLE AND ARTICLE NINETEEN-A OF THIS CHAPTER.
S 4. Subdivision 1 of section 662 of the labor law, as amended by
chapter 564 of the laws of 2010, is amended to read as follows:
1. Failure to pay minimum wage or overtime compensation. Any employer
or his or her agent, or the officer or agent of any corporation, part-
nership, or limited liability company, who pays or agrees to pay to any
employee less than the wage applicable under this article, INCLUDING ANY
MINIMUM WAGE ESTABLISHED BY A COUNTY, CITY, TOWN, VILLAGE, OR PUBLIC
BENEFIT CORPORATION, shall be guilty of a misdemeanor and upon
conviction therefor shall be fined not less than five hundred nor more
than twenty thousand dollars or imprisoned for not more than one year,
and, in the event that any second or subsequent offense occurs within
six years of the date of conviction for a prior offense, shall be guilty
of a felony for the second or subsequent offense, and upon conviction
therefor, shall be fined not less than five hundred nor more than twenty
thousand dollars or imprisoned for not more than one year plus one day,
or punished by both such fine and imprisonment, for each such offense.
Each payment to any employee in any week of less than the wage applica-
ble under this article shall constitute a separate offense.
S 5. This act shall take effect on the ninetieth day after it shall
have become a law.