senate Bill S7772

2013-2014 Legislative Session

Enacts the fair wage act, raising the minimum wage and allowing localities to raise minimum wages by up to an additional thirty percent

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Committee


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

do you support this bill?

Actions

view actions (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 06, 2014 referred to local government

Co-Sponsors

view additional co-sponsors

S7772 - Bill Details

Current Committee:
Senate Local Government
Law Section:
Municipal Home Rule Law
Laws Affected:
Amd §11, Munic Home R L; amd §§652 & 654, Lab L

S7772 - Bill Texts

view summary

Enact the fair wage act; raises the minimum wage and allows localities to raise minimum wages by up to an additional thirty percent.

view sponsor memo
BILL NUMBER:S7772

TITLE OF BILL: An act to amend the municipal home rule law and the
labor law, in relation to enacting the fair wage act, raising the
minimum wage and allowing localities to raise minimum wages by up to
an additional thirty percent

PURPOSE: To increase the New York State minimum wage to $10.10 per
hour effective on and after July 1, 2015, create a yearly cost of
living adjustment beginning each year on and after July 1, 2016, and
allow localities to set a minimum wage of up to 30% above the
statewide minimum wage.

SUMMARY OF PROVISIONS: Section 1- Bill title.

Section 2- Amends the municipal home rule law to provide for the
exception pursuant to the new provisions of labor law relating to
local control over minimum wage rates.

Section 3- Amends section 652 of the labor law to increase the minimum
wage to $9 per hour on and after September 1, 2014 and then to $10.10
per hour on and after July 1, 2015. On and after July 1, 2016, and
every year thereafter, the minimum wage will be increased by the rate
of inflation as measured by the Consumer Price Index-All Urban
Consumers (CPI-U) or a successor index used by the U.S. Department of
Labor.

Section 4- Amends section 654 of the labor law to allow a county,
city, town, village, or public benefit corporation establish and
enforce a higher minimum wage standard than the statewide minimum wage
within their own borders, provided that no local minimum wage greater
than 30% more than the statewide minimum would could be enacted.

Section 5- Amends section 662 of the labor law to provide that an
employer who fails to adhere to a local minimum wage shall be guilty
of violating the labor law in the same manner as a violation of the
statewide minimum wage.

Section 6- Provides that the effective date shall be immediately.

JUSTIFICATION: While New York adopted a minimum wage increase in 2013
from $7.25 to $8.00 per hour in 2014 and up to $9.00 per hour at the
end of 2015, this increase will not provide for an actual living wage
throughout the state. In the intervening year, other high-cost states
such as California, Connecticut, Vermont, Maryland and Hawaii have
raised their minimum wages to $10.00 or more, and others like
Massachusetts and Illinois are expected to follow shortly. Many
economic advisors and officials at the state and federal level,
including President Obama, have urged increasing the minimum wage to
$10.10 per hour to bring wages more in line with the past rates of
inflation and increase the standards of living for those who are paid
the minimum wage.

Similarly, the current minimum wage does not allow for regional
variations that take into account the varied costs of living in the
state. One size does not fit all in a state that has an estimated 43%
cost of living difference between the most expensive and least


expensive parts of the state. Other states such as California,
Maryland, Washington State, New Mexico and Illinois have found that
allowing high cost regions to supplement the state minimum wage with
higher local rates allows communities to address local economic needs
and living costs.

This bill will address both of these issues by raising the minimum
wage to in two steps to $10.10 per hour by July 1, 2015 and indexing
future yearly increases to inflation. Local governments will also be
given the power to raise the minimum wage within their own boundaries
to no more than 30% above the statewide minimum wage. Taken together,
this bill will increase the purchasing power of workers, aid small
businesses, and allow regional variations that will support the unique
character of the state.

LEGISLATIVE HISTORY: New Bill.

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE: This act shall take effect immediately.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7772

                            I N  S E N A T E

                              June 6, 2014
                               ___________

Introduced by Sens. SANDERS, STEWART-COUSINS, GIANARIS -- read twice and
  ordered  printed, and when printed to be committed to the Committee on
  Local Government

AN ACT to amend the municipal home  rule  law  and  the  labor  law,  in
  relation  to  enacting the fair wage act, raising the minimum wage and
  allowing localities to raise minimum wages  by  up  to  an  additional
  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  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.  Subdivision  1  of  section 652 of the labor law, as amended by
section 1 of part P of chapter 57 of the laws of  2013,  is  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 THE WAGE AS MAY BE  ESTABLISHED

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15512-02-4

S. 7772                             2

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; OR:
  $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,
  $8.00 on and after December 31, 2013,
  [$8.75  on  and  after  December 31, ] $9.00 ON AND AFTER SEPTEMBER 1,
2014,
  [$9.00 on and after December 31, 2015, 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] $10.10 ON AND AFTER JULY 1, 2015,  WHICHEVER
IS GREATER.
  ON  AND  AFTER  JULY  1,  2016  AND  ON EACH FOLLOWING JULY 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 JULY 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.
  S 4. 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
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,  CITIES, TOWNS, VILLAGES AND PUBLIC BENEFIT CORPORATIONS
ARE AUTHORIZED TO ADOPT MINIMUM STANDARDS RELATING TO WAGES,  HOURS,  OR
OTHER  WORKING  CONDITIONS,  OR  MECHANISMS FOR THE ENFORCEMENT THEREOF,
THAT ARE AT LEAST AS FAVORABLE TO EMPLOYEES  AS  THE  MINIMUM  STANDARDS
APPLICABLE  UNDER  THIS  ARTICLE, PROVIDED THAT ANY MINIMUM WAGE ENACTED
PURSUANT TO THIS AUTHORITY FOR ANY CLASSIFICATION OF EMPLOYEES SHALL NOT
BE MORE THAN THIRTY PERCENT HIGHER THAN  THE  MINIMUM  WAGE  ESTABLISHED
PURSUANT  TO  THIS  ARTICLE  AND ARTICLE NINETEEN-A OF THIS CHAPTER. ANY
SUCH STANDARDS 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 5. 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, CITY,  TOWN,  VILLAGE,  OR  PUBLIC
BENEFIT   CORPORATION,  shall  be  guilty  of  a  misdemeanor  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

S. 7772                             3

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 applica-
ble under this article shall constitute a separate offense.
  S 6. This act shall take effect immediately.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.