NY State Senate Bill 2015-S3559

Archive: Last Bill Status - In Senate Committee Labor Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to labor
Feb 12, 2015	referred to labor

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2015-S3559 (ACTIVE) - Details

Current Committee:: Senate Labor
Law Section:: Labor Law
Laws Affected:: Amd §§651, 652 & 665, Lab L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S6335
2013-2014: S1835

2015-S3559 (ACTIVE) - Summary

Raises the statutory minimum wage to $9.50 on and after December 31, 2015.

2015-S3559 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S3559

TITLE OF BILL:  An act to amend the labor law, in relation to raising
the statutory minimum wage

PURPOSE OR GENERAL IDEA OF BILL: Raises the minimum wage that an
employer can pay to each of its employees for each hour worked to
$9.00 on and after January 1, 2014 then to $9.50 on and after January
1, 2015. 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).

As well as allows localities to set a minimum wage beyond what is
required by the state.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 - defines what is considered to be an employee for the
purposes of this bill.

Section 2 - states what entities are considered to be employers for

the Purposes of this bill.

Section 3 - Amends subdivisions 1, 4 and 5 of section 652 of the labor
law to statutory require employers to pay each of its employees a
minimum of $9.00 for each hour worked by January 1, 2014 and $9.50 by
January 1, 2015. 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).

Section 4 - Amends Section 665 of the labor law, as added by chapter
619 of the laws of 1960 by adding a "non preemption" clause, allowing
localities to raise their minimum wage above what the state
statutorily requires.

Section 5 - states that this act shall take effect immediately.

JUSTIFICATION: The cost of living has skyrocketed in our state while
wages have stagnated having a serious, detrimental impact on working
class New Yorkers. People who make the current minimum wage fall below
the poverty line, this is unjust and unacceptable. Currently full time
workers that make minimum wage, $7.25 an hour, have less than 300
dollars to live on a week. States that neighbor New York; such as
Vermont, Connecticut and Massachusetts, have all enacted laws to raise
their minimum wage above the federal requirement while New Yorkers are
being paid the bare minimum. It is time for New York to come from
behind and take the lead to insure our working class is paid a livable


wage. Study after study has demonstrated that doing so will help boost
economic activity propelling our economy forward.

PRIOR LEGISLATIVE HISTORY: None.

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE: This act shall take effect immediately.

2015-S3559 (ACTIVE) - Bill Text download pdf

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

                                  3559

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 12, 2015
                               ___________

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

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, subdivi-
sion  1  as  amended by section 1 of part P of chapter 57 of the laws of
2013 and subdivisions 4 and 5 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,
  $6.00 on and after January 1, 2005,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08785-01-5

S. 3559                             2

  $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, 2014,
  [$9.00] $9.50 on and after December 31, 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 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, provided
that the tips of such an employee, when added to  such  cash  wage,  are
equal  to  or  exceed the minimum 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 subdivision, the cash wage payable under this subdivi-
sion  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; AND ON OR
AFTER JANUARY FIRST, TWO THOUSAND SIXTEEN AND ON EACH FOLLOWING  JANUARY
FIRST,  AN ADJUSTED MINIMUM WAGE RATE THAT THE COMMISSIONER SHALL CALCU-
LATE AND ESTABLISH BY INCREASING THE THEN CURRENT MINIMUM WAGE  RATE  BY

S. 3559                             3

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.

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Senate Bill S3559

Sponsored By

Archive: Last Bill Status - In Senate Committee Labor Committee

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co-Sponsors

2015-S3559 (ACTIVE) - Details

2015-S3559 (ACTIVE) - Summary

2015-S3559 (ACTIVE) - Sponsor Memo

2015-S3559 (ACTIVE) - Bill Text download pdf

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Sponsored By

Archive: Last Bill Status - In Senate Committee Labor Committee

Actions

co-Sponsors

2015-S3559 (ACTIVE) - Details

2015-S3559 (ACTIVE) - Summary

2015-S3559 (ACTIVE) - Sponsor Memo

2015-S3559 (ACTIVE) - Bill Text download pdf

Comments