S T A T E   O F   N E W   Y O R K
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                                  9148

                          I N  A S S E M B L Y

                            January 30, 2012
                               ___________

Introduced  by  M.  of  A.  WRIGHT, SILVER, CANESTRARI, FARRELL, HOOPER,
  J. RIVERA -- Multi-Sponsored by -- M. of A. ABBATE, ABINANTI,  ARROYO,
  AUBRY,  BARRON,  BENEDETTO,  BOYLAND,  BRAUNSTEIN,  BRENNAN,  BRONSON,
  BROOK-KRASNY, CAHILL, CAMARA, CASTRO,  CLARK,  COLTON,  COOK,  CRESPO,
  CYMBROWITZ,  DenDEKKER,  DINOWITZ, ENGLEBRIGHT, ESPINAL, GALEF, GANTT,
  GIBSON, GLICK, GOTTFRIED, HEASTIE, HIKIND, JACOBS,  JAFFEE,  JEFFRIES,
  KAVANAGH,  LANCMAN, LAVINE, LENTOL, LIFTON, LINARES, V. LOPEZ, MAGNAR-
  ELLI, MAISEL, MARKEY, McENENY, MENG, M. MILLER, MILLMAN, MOYA,  NOLAN,
  PAULIN,  PEOPLES-STOKES,  PERRY,  PRETLOW,  RAMOS,  REILLY, N. RIVERA,
  P. RIVERA, ROBERTS, ROBINSON,  RODRIGUEZ,  ROSENTHAL,  RUSSELL,  RYAN,
  SCARBOROUGH, SCHIMEL, SIMANOWITZ, SIMOTAS, STEVENSON, SWEENEY, THIELE,
  TITONE, TITUS, WEINSTEIN, WEISENBERG, WEPRIN -- 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 481 of the laws of 2010, 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:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11388-05-2
              

A. 9148                             2

  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,
  $8.50 ON AND AFTER JANUARY 1, 2013
  AND  ON AND AFTER JANUARY 1, 2014 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 FIVE DOLLARS AND EIGHTY-SIX
CENTS ON OR AFTER JANUARY FIRST, TWO THOUSAND THIRTEEN; AND ON OR  AFTER
JANUARY  FIRST,  TWO  THOUSAND  FOURTEEN  AND  ON EACH FOLLOWING JANUARY
FIRST, THE COMMISSIONER SHALL CALCULATE AND ESTABLISH AN ADJUSTED  MINI-
MUM  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  DEPARTMENT  OF  LABOR, IF SUCH RATE OF INFLATION IS GREATER THAN
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 pursu-
ant  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 Standards 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  propor-
tionate  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;  FIVE
DOLLARS  AND  EIGHTY-SIX CENTS ON OR AFTER MARCH THIRTY-FIRST, TWO THOU-
SAND THIRTEEN; AND ON OR AFTER MARCH THIRTY-FIRST, TWO THOUSAND FOURTEEN
AND ON EACH FOLLOWING MARCH THIRTY-FIRST, THE COMMISSIONER SHALL  CALCU-
LATE  AND ESTABLISH AN ADJUSTED MINIMUM WAGE RATE BY INCREASING THE THEN

A. 9148                             3

CURRENT 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 THAN 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.