Assembly Bill A5835

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

                                  5835

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              March 5, 2015
                               ___________

Introduced  by  M.  of  A.  KAVANAGH,  ABINANTI, MOSLEY -- read once and
  referred to the Committee on Labor

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04902-01-5
              

A. 5835                             2

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 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.