senate Bill S6516

2013-2014 Legislative Session

Provides that municipalities may impose minimum wage standards that are more favorable to employees than those adopted by the state

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 31, 2014 referred to labor

Co-Sponsors

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S6516 - Bill Details

See Assembly Version of this Bill:
A9036
Current Committee:
Law Section:
Labor Law
Laws Affected:
Ren §665 to be §666, add §665, Lab L

S6516 - Bill Texts

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Provides that municipalities may impose minimum wage standards that are more favorable to employees than those adopted by the state.

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BILL NUMBER:S6516

TITLE OF BILL: An act to amend the labor law, in relation to
authorizing local wage standards higher than in the state labor law

PURPOSE OR GENERAL IDEA OF BILL:

Allows localities to set a minimum wage beyond what is required by the
state.

SUMMARY OF SPECIFIC PROVISIONS:

Establishes a non-preemption clause allowing municipalities and public
benefit corporations to establish higher labor standards than that
required by the state.

Section 1 - Renumbers Section 665 of the Labor Law to Section 666 and
adds a new Section 665, allowing a county, city, town, village or
public benefit corporation to establish and enforce rules and
regulations relating to wages, hours or other wowing conditions, which
are more favorable to the minimum standards provided by state law.

Section 2 - Severability Clause.

Section 3 - Effective Date.

JUSTIFICATION:

New York is an economically and geographically diverse state.
Agricultural production, tourism and related industries drive the
local economy of the state's rural areas; upstate urban and suburban
areas are driven in part by the bio-technical and nano-technical
sectors, research institutions and manufacturing; Long Island's
economy is characterized by the aviation industry, the science and
technology sectors and tourism; and New York City is a microcosm of
the global economy.

Such economic diversity translates into wine variations in the local
cost of living - living in New York City or on Long Island is far more
expensive than it is in Jamestown or Watertown. Consequently, what
constitutes an adequate income in rural upstate areas falls woefully
short for workers in Westchester County, New York City or Long Island.
In short, with regard to an adequate "living wage," one size does not
fit all.

While the state's minimum wage increased by 10% at the end of last
year, and will increase another 12.5% by the end of 2015, it will not
even approach the level of an actual "living wage" in the more
expensive areas in the state. By allowing localities to raise their
minimum wage above the state level, this legislation effectively
establishes the stare minimum wage as a "floor," but removes it as a
"ceiling."

High-cost areas will be now able to ensure that those who do so many
jobs :net are essential to their local economies will be able to
afford to live in the communities where they work, and increasing the


purchasing power of those workers will provide a significant boost to
local economic development.

PRIOR LEGISLATIVE HISTORY:

None.

FISCAL IMPLICATIONS:

To be determined.

EFFECTIVE DATE:

This act shall take effect immediately.

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

                                  6516

                            I N  S E N A T E

                            January 31, 2014
                               ___________

Introduced  by  Sens.  STEWART-COUSINS,  GIANARIS,  KRUEGER,  ESPAILLAT,
  PERALTA -- read twice and ordered printed,  and  when  printed  to  be
  committed to the Committee on Labor

AN  ACT  to  amend  the labor law, in relation to authorizing local wage
  standards higher than in the state labor law

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

  Section  1. Section 665 of the labor law is renumbered section 666 and
a new section 665 is added to read as follows:
  S 665. LOCAL WAGE STANDARDS. NOTHING IN THIS  CHAPTER,  THE  MUNICIPAL
HOME  RULE  LAW OR THE GENERAL MUNICIPAL LAW SHALL PROHIBIT THE ADOPTION
OF ANY MINIMUM STANDARDS ESTABLISHED BY ANY APPLICABLE  FEDERAL,  STATE,
OR  LOCAL  LAW,  POLICY,  CONTRACT OR PREFERENCE, OR BY A PUBLIC BENEFIT
CORPORATION, OR ANY RULE OR REGULATION ISSUED  THEREUNDER,  RELATING  TO
WAGES,  HOURS,  OR OTHER WORKING CONDITIONS, OR THE ENFORCEMENT THEREOF,
WHICH ARE MORE FAVORABLE TO EMPLOYEES THAN THE MINIMUM STANDARDS  APPLI-
CABLE  UNDER THIS ARTICLE. A COUNTY, CITY, TOWN, VILLAGE OR PUBLIC BENE-
FIT CORPORATION MAY ADOPT SUCH STANDARDS,  WHICH  SHALL  BE  SUBJECT  TO
ENFORCEMENT  BY  ANY MEANS PROVIDED BY LAW, INCLUDING BUT NOT LIMITED TO
THOSE AUTHORIZED BY THE COUNTY, CITY, TOWN, VILLAGE  OR  PUBLIC  BENEFIT
CORPORATION,  AND MAY ALSO BE ENFORCED BY THE COMMISSIONER USING ANY AND
ALL ENFORCEMENT METHODS PERMITTED BY THIS  CHAPTER  FOR  ENFORCEMENT  OF
WAGE STANDARDS AND PAYMENT.
  S  2.  Severability.  If any provision of this act, or the application
thereof to any person or circumstance, shall be adjudged by any court of
competent jurisdiction to be invalid or unconstitutional, such  judgment
shall  not affect, impair or invalidate the remainder thereof, but shall
be confined in its operation to the provision of this  act,  or  in  its
application  to  the  person  or  circumstance, directly involved in the
controversy in which such judgment shall have been rendered.
  S 3. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13777-02-4

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