NY State Senate Bill 2015-S5214

Archive: Last Bill Status - In Senate Committee Local Government 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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to local government
May 07, 2015	referred to local government

2015-S5214 (ACTIVE) - Details

See Assembly Version of this Bill:: A5835
Current Committee:: Senate Local Government
Law Section:: Municipal Home Rule Law
Laws Affected:: Amd §11, Munic Home R L; amd §§654 & 662, Lab L
Versions Introduced in 2013-2014 Legislative Session:: S7743, A8767

2015-S5214 (ACTIVE) - Summary

Enacts the Fair Local Wage Act allowing localities to raise the minimum wage by thirty percent.

2015-S5214 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S5214

TITLE OF BILL:  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

PURPOSE: To enable counties or cities to enact a minimum wage that is
up to thirty percent higher than the state minimum wage.

SUMMARY OF PROVISIONS:

* Section 1 of the bill sets forth the short title of the act as the
"Fair Local Wage Act "

* Section 2 of the bill amends paragraph f of subdivision 1 of section
11 of the municipal home rule law to enable counties or cities to
enact local laws as provided in section 3 of the bill.

* Section 3 of the bill amends section 654 of the labor law to include
existing provisions of the section as a new subdivision 1 and to add a
new subdivision 2 that authorizes counties or cities to enact higher
minimum wages up to 30 percent higher than the state minimum wages.

* Section 4 of the bill amends subdivision 1 of section 662 of the
labor law to include paying a wage less than the minimum wage enacted
by a county or city as a criminal violation in the same manner as

paying less than the state minimum wage.

* Section 5 of the bill provides that nothing in this act shall have
any effect on the authority of counties or cities to adopt standards
relating to wages, hours, other working conditions, or mechanisms for
enforcement, that are not inconsistent with the provision of this act.

* Section 6 of the bill sets forth the effective date.

JUSTIFICATION: The Fair Local Wage Act would allow counties or cities
across New York State to raise the minimum wage in their area up to 30
percent above the state-mandated minimum wage. With the current State
minimum of $8.00 per hour, these localities would be able to set a
local minimum of up to $10.40 per hour. When the increase already
enacted by the State Legislature and Governor brings the State minimum
to $8.75 per hour on December 31, 2014, counties or cities would be
able to set a wage of up to $11.37 per hour. When the following stage
of this increase brings the State minimum to $9.00 per hour on
December 31, 2015, counties or cities would be able to set a wage of
up to $11.70 per hour. If proposals to raise the statewide minimum to
$10.10 were to be enacted, this bill would permit counties or cities
to raise the local wage to $13.13 per hour.

The Fair Local Wage Act is intended to give counties and cities a
critical tool to improve living standards for low-wage workers,
strengthen local economies, improve tax revenues, and relieve local
costs for social services-all while recognizing the wide variation in
the cost of living in different parts of the State.

The Act would also provide for the State to continue to play a central
role is setting wages across New York, by capping local minimum wages


at 30 percent above the State level and by ensuring that
county-or-city enacted minimum wages are enforceable by the State in
the same manner as the State minimum wage.

LEGISLATIVE HISTORY: 2014 Session - new bill - referred to local
governments FISCAL IMPACT ON THE STATE: Expected net savings.

EFFECTIVE DATE:This act shall take effect. immediately.

2015-S5214 (ACTIVE) - Bill Text download pdf

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

                                  5214

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               May 7, 2015
                               ___________

Introduced  by  Sen.  SAVINO -- 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 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

S. 5214                             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.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. 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.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Find your Senator and share your views on important issues.

Do you support this bill?

Senate Bill S5214

Sponsored By

Archive: Last Bill Status - In Senate Committee Local Government Committee

Actions

2015-S5214 (ACTIVE) - Details

2015-S5214 (ACTIVE) - Summary

2015-S5214 (ACTIVE) - Sponsor Memo

2015-S5214 (ACTIVE) - Bill Text download pdf

Comments

Do you support this bill?

Get Status Alerts for 2015-S5214

Senate Bill S5214

Share this bill

Sponsored By

Diane J. Savino

Archive: Last Bill Status - In Senate Committee Local Government Committee

Actions

2015-S5214 (ACTIVE) - Details

2015-S5214 (ACTIVE) - Summary

2015-S5214 (ACTIVE) - Sponsor Memo

2015-S5214 (ACTIVE) - Bill Text download pdf

Comments