S T A T E O F N E W Y O R K
________________________________________________________________________
1835--A
2013-2014 Regular Sessions
I N S E N A T E
(PREFILED)
January 9, 2013
___________
Introduced by Sens. ESPAILLAT, AVELLA, BRESLIN, DILAN, HASSELL-THOMPSON,
HOYLMAN, KENNEDY, KRUEGER, MONTGOMERY, PARKER, PERALTA, PERKINS, SAMP-
SON, SERRANO, SQUADRON, STAVISKY, STEWART-COUSINS -- 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
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:
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:
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,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05329-02-3
S. 1835--A 2
$6.00 on and after January 1, 2005,
$6.75 on and after January 1, 2006,
$7.15 on and after January 1, 2007,
$9.00 ON AND AFTER JANUARY 1, 2014,
$9.50 ON AND AFTER JANUARY 1, 2015,
AND ON AND AFTER JANUARY 1, 2016 AND ON EACH FOLLOWING JANUARY FIRST,
AN ADJUSTED MINIMUM WAGE RATE THAT THE COMMISSIONER SHALL CALCULATE AND
ESTABLISH BY INCREASING THE THEN CURRENT MINIMUM WAGE RATE BY THE RATE
OF INFLATION FOR THE MOST RECENT TWELVE MONTH PERIOD THAT IS AVAILABLE
AT THE TIME THE ADJUSTED MINIMUM WAGE RATE IS CALCULATED AND ANNOUNCED
USING THE CONSUMER PRICE INDEX (URBAN WAGE EARNERS AND CLERICAL WORKERS,
ALL ITEMS, NY-NJ-CT-PA, NOT SEASONALLY ADJUSTED), OR A SUCCESSOR INDEX
AS CALCULATED BY THE UNITED STATES DEPARTMENT OF LABOR, IF SUCH RATE OF
INFLATION IS GREATER THAN ZERO PERCENT, ROUNDED TO THE NEAREST MULTIPLE
OF FIVE CENTS, 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-FIVE
CENTS ON OR AFTER JANUARY FIRST, TWO THOUSAND FOURTEEN; AND AT LEAST SIX
DOLLARS AND FORTY CENTS ON OR AFTER JANUARY FIRST, TWO THOUSAND FIFTEEN
AND ON OR AFTER JANUARY FIRST, TWO THOUSAND SIXTEEN AND ON EACH FOLLOW-
ING JANUARY FIRST, AN ADJUSTED MINIMUM WAGE RATE THAT THE COMMISSIONER
SHALL CALCULATE AND ESTABLISH BY INCREASING THE THEN CURRENT MINIMUM
WAGE RATE BY THE RATE OF INFLATION FOR THE MOST RECENT TWELVE MONTH
PERIOD AVAILABLE AT THE TIME THE ADJUSTED MINIMUM WAGE RATE IS CALCU-
LATED AND ANNOUNCED USING THE CONSUMER PRICE INDEX (URBAN WAGE EARNERS
AND CLERICAL WORKERS, ALL ITEMS, NY-NJ-CT-PA, NOT SEASONALLY ADJUSTED),
OR A SUCCESSOR INDEX AS CALCULATED BY THE UNITED STATES DEPARTMENT OF
LABOR, IF SUCH RATE OF INFLATION IS GREATER THAN ZERO PERCENT, ROUNDED
TO THE NEAREST MULTIPLE OF FIVE CENTS, provided that the tips of such an
employee, when added to such cash wage, are equal to or exceed the mini-
mum 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 Standards Act (29 United States Code
Sec. 203 (m), as amended), is increased after enactment of this subdivi-
sion, 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; FIVE
DOLLARS AND EIGHTY-FIVE CENTS ON OR AFTER JANUARY FIRST, TWO THOUSAND
S. 1835--A 3
FOURTEEN; AND AT LEAST SIX DOLLARS AND FORTY CENTS ON OR AFTER JANUARY
FIRST, TWO THOUSAND FIFTEEN AND ON OR AFTER JANUARY FIRST, TWO THOUSAND
SIXTEEN AND ON EACH FOLLOWING JANUARY FIRST, AN ADJUSTED MINIMUM WAGE
RATE THAT THE COMMISSIONER SHALL CALCULATE AND ESTABLISH BY INCREASING
THE THEN CURRENT MINIMUM WAGE RATE BY THE RATE OF INFLATION FOR THE MOST
RECENT TWELVE MONTH PERIOD AVAILABLE AT THE TIME THE ADJUSTED MINIMUM
WAGE RATE IS CALCULATED AND ANNOUNCED USING THE CONSUMER PRICE INDEX
(URBAN WAGE EARNERS AND CLERICAL WORKERS, ALL ITEMS, NY-NJ-CT-PA, NOT
SEASONALLY ADJUSTED), OR A SUCCESSOR INDEX AS CALCULATED BY THE UNITED
STATES DEPARTMENT OF LABOR, IF SUCH RATE OF INFLATION IS GREATER THAN
ZERO PERCENT, ROUNDED TO THE NEAREST MULTIPLE OF FIVE CENTS, 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. Section 665 of the labor law, as added by chapter 619 of the laws
of 1960, is amended to read as follows:
S 665. Savings AND NON-PREEMPTION clause. 1. If any provision of this
article or the application thereof to any person, employer, occupation
or circumstance is held invalid, the remainder of the article and the
application of such provision to other persons, employees, occupations,
or circumstances shall not be affected thereby.
2. NOTHING IN THIS ARTICLE OR ANY OTHER PROVISION OF LAW SHALL BE
DEEMED TO RESTRICT LOCAL GOVERNMENTS FROM REQUIRING PAYMENT OF HIGHER
WAGES OR BENEFITS WITHIN THEIR GEOGRAPHIC BOUNDARIES.
S 5. This act shall take effect immediately.