S T A T E   O F   N E W   Y O R K
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                                  8143

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              June 10, 2015
                               ___________

Introduced  by M. of A. GUNTHER -- read once and referred to the Commit-
  tee on Labor

AN ACT to amend the labor law, in relation to raising the minimum wage

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

  Section  1. Section 650 of the labor law, as amended by chapter 439 of
the laws of 1962, is amended to read as follows:
  S 650. Statement of public policy.  There are persons employed in some
occupations in the state of New York at wages  insufficient  to  provide
adequate  maintenance for themselves and their families. Such employment
impairs the  health,  efficiency,  and  well-being  of  the  persons  so
employed,  constitutes  unfair  competition  against other employers and
their employees,  threatens  the  stability  of  industry,  reduces  the
purchasing  power  of  employees,  and requires, in many instances, that
wages be supplemented by the payment of  public  moneys  for  relief  or
other  public  and  private  assistance.  Employment of persons at these
insufficient rates of pay threatens the health  and  well-being  of  the
people  of  this state and injures the overall economy.  Accordingly, it
is the declared policy of the state of New York that such conditions  be
eliminated  as  rapidly  as practicable without substantially curtailing
opportunities for employment or earning power. To this end minimum  wage
standards  shall  be  established  and  maintained.    IT IS FURTHER THE
DECLARED POLICY OF THIS STATE THAT ANY REVISION OF THE MINIMUM WAGE  FOR
CERTAIN  INDUSTRIES  AND  OCCUPATIONS  SHALL  RESULT IN AN ADJUSTMENT TO
REIMBURSEMENT TO STATE-FUNDED HUMAN SERVICES PROVIDERS OR ENTITIES UNDER
CONTRACT WITH THIS STATE, OR OTHERWISE PROVIDING SERVICES OR GOODS UNDER
AN AGREEMENT WITH THIS STATE, TO REFLECT THE IMPACT OF THE MINIMUM  WAGE
INCREASE  ON  THE  RECRUITMENT  AND  RETENTION OF DIRECT SERVICE PROFES-
SIONALS AND DIRECT CARE EMPLOYEES AND  TO  ADDRESS  ANY  COMPRESSION  IN
WAGES AND SALARIES THAT MAY ALSO RESULT FROM THE MINIMUM WAGE REVISION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11537-01-5

              

A. 8143                             2

  S 2. Section 656 of the labor law, as added by chapter 619 of the laws
of 1960, is amended to read as follows:
  S  656.  Action by commissioner upon wage board report.  When the wage
board submits its report and recommendations to  the  commissioner,  the
commissioner shall forthwith file them with the secretary of the depart-
ment.  Within five days of their receipt, the commissioner shall publish
a notice of such filing in at least ten  newspapers  of  general  circu-
lation  in  the  state. Any objections to the report and recommendations
shall be filed with the commissioner  within  fifteen  days  after  such
publication.  The  commissioner  may,  if he deems it appropriate, order
oral argument, which shall be scheduled before the commissioner, or such
representative as he may designate, on five days' notice to the  persons
who  have filed objections to the report and recommendations. Whether or
not oral argument is scheduled, the commissioner shall by  order  accept
or  reject the board's report and recommendations within forty-five days
after filing with the secretary of the department. The commissioner  may
by  such  order modify the regulations recommended by the board.  IN THE
EVENT THAT THE COMMISSIONER ORDERS AN INCREASE IN THE MINIMUM  WAGE  FOR
CERTAIN INDUSTRIES AND OCCUPATIONS THAT MAY AFFECT THE CONTINUED ABILITY
OF STATE-FUNDED HUMAN SERVICES PROVIDERS UNDER CONTRACT WITH THIS STATE,
OR  OTHERWISE  PROVIDING  SERVICES OR GOODS UNDER AN AGREEMENT WITH THIS
STATE, TO RECRUIT AND RETAIN DIRECT  SERVICE  PROFESSIONALS  AND  DIRECT
CARE EMPLOYEES, HE SHALL ALSO RECOMMEND ANY NECESSARY ADJUSTMENTS TO THE
REIMBURSEMENT  TO  SUCH  PROVIDERS  TO REFLECT THE IMPACT OF THE MINIMUM
WAGE INCREASE ON THOSE PROFESSIONALS AND EMPLOYEES AND  TO  ADDRESS  ANY
COMPRESSION  IN WAGES AND SALARIES THAT MAY ALSO RESULT FROM THE MINIMUM
WAGE REVISION. Such order of the  commissioner  shall  become  effective
thirty days after publication, in the manner prescribed in this section,
of  a notice of such order. The commissioner may, within such forty-five
days, confer with the wage board, which may make  such  changes  in  its
report  or  recommendations  as  it may deem fit.  The commissioner also
may, within such forty-five days, remand the matter  to  the  board  for
such further proceeding as he may direct.
  S 3. This act shall take effect immediately.