Assembly Bill A11066

2009-2010 Legislative Session

Relates to the minimum wage and makes technical changes to the labor law relating thereto

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Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 12, 2010	referred to labor

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2009-A11066 (ACTIVE) - Details

Current Committee:: Assembly Labor
Law Section:: Labor Law
Laws Affected:: Amd §§651 & 652, Lab L

2009-A11066 (ACTIVE) - Summary

Relates to the minimum wage and makes technical changes to the labor law relating thereto.

2009-A11066 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:A11066

TITLE OF BILL:
An act
to amend the labor law, in relation to the
minimum wage and making technical corrections relating thereto

PURPOSE OR GENERAL IDEA OF BILL:;
The purpose of this bill is to raise the minimum wage.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1. Amends the definition of "employers" for purposes of the
minimum wage to include State and municipal government employees, who
had been excluded under prior law.

Section 2. Amends the definition of "employees' for purposes of the
minimum wage to include State or municipal government or political
subdivision thereof.

Section 3. Establishes a state minimum wage of $7.75 per hour on
January 1, 2011; $8.00 per hour on January 1, 2012; $8.75 per hour on
January 1, 2013; $9.25 on January 1, 2014; and beginning January 1,
2015 and every year thereafter the minimum wage would-be increased
by. the rate of inflation using the consumer price index-all urban
consumers (CPI-U) or a successor index as calculated by the United
States Department of Labor.

Further increases the state minimum wage. for an employee who is a
food
service worker receiving tips from the current rate of $4.60 per hour
to $4.95 by March 31, 2011; $5.10 by March 31, 2012; $5.60 by March
31, 2013; $5.75 by March 31,.2014; and beginning March 31, 2015 and
every year thereafter the minimum wage would be increased by the rate
of inflation using the CPI-U or a successor index as calculated by
the United States Department of Labor.

Section 4. Effective date.

JUSTIFICATION:
Minimum wage was last increased in the year 2004. As a result, many
full time employees earn well below the federal poverty level. The
current state minimum wage of $7.15, is inadequate for many New
Yorkers to achieve a modest standard of living, often forcing them to
choose. between rent, heat, health care and food. Increasing the
minimum wage to $8.25 over the next few years will bring these
workers one step closer to providing the basic needs for their
families. This principal
applies to not only private employees but also public employees and
this bill would create such parity.

PRIOR LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
Undetermined.

EFFECTIVE DATE:
Immediately.

2009-A11066 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  11066

                          I N  A S S E M B L Y

                              May 12, 2010
                               ___________

Introduced  by  M. of A. JOHN, WRIGHT, BENEDETTO, TITUS, LANCMAN, JACOBS
  -- read once and referred to the Committee on Labor

AN ACT to amend the labor law, in  relation  to  the  minimum  wage  and
  making technical corrections relating thereto

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraph (n) of subdivision 5 of section 651 of the  labor
law,  as  amended by chapter 640 of the laws of 2005, is amended to read
as follows:
  (n) by [a] THE federal[, state or municipal] government [or  political
subdivision  thereof]. The exclusions from the term "employee" contained
in this subdivision shall be as defined by regulations  of  the  commis-
sioner; or
  S  2.  Subdivision  6  of  section 651 of the labor law, as amended by
chapter 281 of the laws of 2002, is amended to read as follows:
  6.  "Employer"  includes  any  individual,  partnership,  association,
corporation,  limited liability company, business trust, legal represen-
tative, STATE OR MUNICIPAL GOVERNMENT OR POLITICAL SUBDIVISION  THEREOF,
or any organized group of persons acting as employer.
  S  3.  Subdivisions  1,  4  and  5 of section 652 of the labor law, as
amended by chapter 747 of the laws of  2004,  are  amended  to  read  as
follows:
  1.  Statutory.  Every  employer shall pay to each of its employees for
each hour worked a wage of not less than:
  $4.25 on and after April 1, 1991,
  $5.15 on and after March 31, 2000,
  $6.00 on and after January 1, 2005,
  $6.75 on and after January 1, 2006,
  $7.15 on and after January 1, 2007,
  $7.75 ON AND AFTER JANUARY 1, 2011,
  $8.00 ON AND AFTER JANUARY 1, 2012,
  $8.75 ON AND AFTER JANUARY 1, 2013,
  $9.25 ON OR AFTER JANUARY 1, 2014

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD17268-02-0

A. 11066                            2

  AND ON AND AFTER JANUARY 1, 2015 AND ON EACH FOLLOWING JANUARY  FIRST,
THE  COMMISSIONER SHALL CALCULATE AND ESTABLISH AN ADJUSTED MINIMUM WAGE
RATE BY INCREASING THE THEN CURRENT MINIMUM WAGE RATE  BY  THE  RATE  OF
INFLATION  FOR  THE  MOST  RECENT TWELVE MONTH PERIOD AVAILABLE PRIOR TO
EACH  JANUARY  FIRST USING THE CONSUMER PRICE INDEX-ALL URBAN CONSUMERS,
CPI-U, OR A SUCCESSOR INDEX AS CALCULATED BY THE UNITED  STATES  DEPART-
MENT  OF  LABOR, IF SUCH RATE OF INFLATION IS GREATER THAN ZERO PERCENT,
or, if greater, such other wage as may be  established  by  federal  law
pursuant  to  29 U.S.C. section 206 or its successors or such other wage
as may be established in accordance with the provisions of this article.
  4. Notwithstanding subdivisions one and two of this section, the  wage
for  an  employee who is a food service worker receiving tips shall be a
cash wage of at least three dollars and thirty  cents  per  hour  on  or
after  March  thirty-first,  two thousand; three dollars and eighty-five
cents on or after January  first,  two  thousand  five;  at  least  four
dollars  and  thirty-five  cents on or after January first, two thousand
six; [and] at least four dollars and sixty cents  on  or  after  January
first,  two  thousand  seven;  AND AT LEAST FOUR DOLLARS AND NINETY-FIVE
CENTS ON OR AFTER JANUARY FIRST, TWO THOUSAND ELEVEN; AND AT LEAST  FIVE
DOLLARS  AND  TEN  CENTS ON OR AFTER JANUARY FIRST, TWO THOUSAND TWELVE;
AND AT LEAST FIVE DOLLARS AND SIXTY CENTS ON OR AFTER JANUARY FIRST, TWO
THOUSAND THIRTEEN; AND AT LEAST FIVE DOLLARS AND SEVENTY-FIVE  CENTS  ON
OR  AFTER  JANUARY FIRST, TWO THOUSAND FOURTEEN; AND ON OR AFTER JANUARY
FIRST, TWO THOUSAND FIFTEEN AND ON EACH  FOLLOWING  JANUARY  FIRST,  THE
COMMISSIONER SHALL CALCULATE AND ESTABLISH AN ADJUSTED MINIMUM WAGE RATE
BY  INCREASING  THE  THEN  CURRENT  MINIMUM  WAGE  RATE  BY  THE RATE OF
INFLATION FOR THE MOST RECENT TWELVE MONTH  PERIOD  AVAILABLE  PRIOR  TO
EACH  JANUARY  FIRST USING THE CONSUMER PRICE INDEX-ALL URBAN CONSUMERS,
CPI-U, OR A SUCCESSOR INDEX AS CALCULATED BY THE UNITED  STATES  DEPART-
MENT  OF  LABOR, IF SUCH RATE OF INFLATION IS GREATER THEN ZERO PERCENT,
provided that the tips of such an employee,  when  added  to  such  cash
wage,  are  equal  to  or  exceed the minimum wage in effect pursuant to
subdivision one of this section and provided further that no other  cash
wage  is established pursuant to section six hundred fifty-three of this
article. In the event the cash wage payable under the Fair Labor  Stand-
ards  Act (29 United States Code Sec. 203 (m), as amended), is increased
after enactment of this subdivision, the cash wage  payable  under  this
subdivision  shall  automatically  be  increased  by  the  proportionate
increase in the cash wage payable under such federal law,  and  will  be
immediately enforceable as the cash wage payable to food service workers
under this article.
  5.  Notwithstanding subdivisions one and two of this section, meal and
lodging allowances for a food  service  worker  receiving  a  cash  wage
amounting  to  three dollars and thirty cents per hour on or after March
thirty-first, two thousand; three dollars and eighty-five  cents  on  or
after  January  first,  two  thousand five; four dollars and thirty-five
cents on or after January first, two thousand six;  [and]  four  dollars
and  sixty  cents  on  or  after January first, two thousand seven; FOUR
DOLLARS AND NINETY-FIVE CENTS ON OR AFTER MARCH THIRTY-FIRST, TWO  THOU-
SAND  ELEVEN; FIVE DOLLARS AND TEN CENTS ON OR AFTER MARCH THIRTY-FIRST,
TWO THOUSAND TWELVE; FIVE DOLLARS AND SIXTY  CENTS  ON  OR  AFTER  MARCH
THIRTY-FIRST,  TWO  THOUSAND  THIRTEEN;  AND  AT  LEAST FIVE DOLLARS AND
SEVENTY-FIVE CENTS ON OR AFTER MARCH THIRTY-FIRST,  TWO  THOUSAND  FOUR-
TEEN;  AND  ON  OR AFTER MARCH THIRTY-FIRST, TWO THOUSAND FIFTEEN AND ON
EACH FOLLOWING MARCH THIRTY-FIRST, THE COMMISSIONER SHALL CALCULATE  AND
ESTABLISH  AN  ADJUSTED MINIMUM WAGE RATE BY INCREASING THE THEN CURRENT

A. 11066                            3

MINIMUM WAGE RATE BY THE RATE OF INFLATION FOR THE  MOST  RECENT  TWELVE
MONTH  PERIOD  AVAILABLE  PRIOR  TO  EACH  MARCH  THIRTY-FIRST USING THE
CONSUMER PRICE INDEX-ALL URBAN CONSUMERS, CPI-U, OR A SUCCESSOR INDEX AS
CALCULATED  BY  THE  UNITED  STATES DEPARTMENT OF LABOR, IF SUCH RATE OF
INFLATION IS GREATER THEN ZERO PERCENT, shall  not  increase  more  than
two-thirds  of  the increase required by subdivision two of this section
as applied to state wage orders in effect pursuant to subdivision one of
this section.
  S 4. This act shall take effect immediately.

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Assembly Bill A11066

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Archive: Last Bill Status - In Assembly Committee

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co-Sponsors

2009-A11066 (ACTIVE) - Details

2009-A11066 (ACTIVE) - Summary

2009-A11066 (ACTIVE) - Sponsor Memo

2009-A11066 (ACTIVE) - Bill Text download pdf

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Sponsored By

JOHN

Archive: Last Bill Status - In Assembly Committee

Actions

co-Sponsors

Keith L.T. Wright

Michael Benedetto

Michele Titus

Rory Lancman

2009-A11066 (ACTIVE) - Details

2009-A11066 (ACTIVE) - Summary

2009-A11066 (ACTIVE) - Sponsor Memo

2009-A11066 (ACTIVE) - Bill Text download pdf

Comments