download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
8767--A
I N A S S E M B L Y
February 12, 2014
___________
Introduced by M. of A. KAVANAGH, HEASTIE, ABINANTI, MOSLEY -- read once
and referred to the Committee on Labor -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
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 thirty 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
Wage Act".
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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13586-07-4
A. 8767--A 2
the commissioner shall consider the amount sufficient to provide
adequate maintenance and to protect health and, in addition, the wage
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 OR CITIES ARE AUTHORIZED TO ENACT HIGHER MINIMUM WAGES UP
TO THIRTY 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 OR CITY shall be guilty of a misde-
meanor 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 applicable under this article shall constitute a separate
offense.
S 5. Nothing in this act shall have any effect on the authority of
counties or cities to adopt standards relating to wages, hours, or other
working conditions, or mechanisms for the enforcement thereof, that are
not inconsistent with the provisions of this act.
S 6. This act shall take effect immediately.