NY State Senate Bill 2015-S5602B

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 29, 2016	print number 5602b
Feb 29, 2016	amend (t) and recommit to labor
Feb 08, 2016	print number 5602a
Feb 08, 2016	amend (t) and recommit to labor
Jan 06, 2016	referred to labor
May 18, 2015	referred to labor

co-Sponsors

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2015-S5602 - Details

See Assembly Version of this Bill:: A7257
Current Committee:: Senate Labor
Law Section:: Labor Law
Laws Affected:: Amd §§651 & 652, Lab L; amd §2023-a, Ed L; amd §3-c, Gen Muni L; amd Part H §92 sub 1, Chap 59 of 2011; amd §3614-c, Pub Health L

2015-S5602 - Summary

Relates to the minimum wage.

2015-S5602 - Sponsor Memo

                                BILL NUMBER:S5602

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

SUMMARY OF SPECIFIC PROVISIONS:

Sections 1 and 2 of the bill would amend § 651 of the Labor Law to
require that state and municipal governments and political
subdivisions thereof pay their employees the statutory minimum wage.

Section 3 of the bill would amend § 652 of the Labor Law to raise the
statutory minimum wage to $12.50 in New York City and Nassau, Suffolk,
and Westchester counties and $10.50 in the rest of the State on
December 31, 2016; to $13.75 in New York City and Nassau, Suffolk, and
Westchester counties and $11.55 in the rest of the state on December
31, 2017, and to $15.00 in New York City and Nassau, Suffolk, and
Westchester counties and $12.60 in the rest of the state on December
31, 2018. On and after December 31, 2019, the minimum wage would be
indexed to the rate of inflation.

Section 3 of the bill would also raise the tipped wage to $10.40 in
New York City and Nassau, Suffolk, and Westchester counties and $8.75
in the rest of the state on December 31, 2016, to $11.45 in New York
City and Nassau, Suffolk, and Westchester counties and $9.65 in the
rest of the state on December 31, 2017, and to $12.50 in New York City

and Nassau, Suffolk, and Westchester counties and $10.50 in the rest
of the state on December 31, 2018. On and after December 31, 2019, the
tipped wage would be indexed to the rate of inflation.

Section 4 is the effective date.

JUSTIFICATION:  When Congress enacted the Fair. Labor Standards Act in
1938 and prescribed a minimum wage, it was intended to ensure that
low-wage workers would earn, at the very least, a livable wage. Over
the years, data has shown that the federal government's actions to
preserve this standard against the erosive power of inflation have
fallen decades behind. If the 1968 minimum wage of $1.50 had been
indexed to inflation, it would have the purchasing power of over
$10.00 today.

While the recent increase to the minimum wage to $9.00 is a start,
more can be done to help families meet the rising costs of food and
shelter, health care, transportation, child care and other
necessities.  This bill ensures that the state's minimum wage will
keep pace with inflation and also recognizes that the state is
diverse, with the cost of living varying by region. Providing for a
higher minimum wage in areas of the state with a higher cost of living
will enable residents in all regions of the State to make a livable
wage that is commensurate with their needs.

PRIOR LEGISLATIVE HISTORY: Senate: New Bill.  Assembly: Same as A.7257

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:  None to the
State.

EFFECTIVE DATE:  This act would take effect immediately.

2015-S5602 - Bill Text download pdf

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

                                  5602

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              May 18, 2015
                               ___________

Introduced by Sen. PANEPINTO -- 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 the 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,
  $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,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10738-02-5

S. 5602                             2

  $9.00 on and after December 31, 2015,
  $12.50  IN  A  CITY  WITH A POPULATION IN EXCESS OF ONE MILLION AND IN
COUNTIES WITH A POPULATION OF NINE HUNDRED THOUSAND OR  MORE  THAT  FALL
WITHIN  THE  METROPOLITAN COMMUTER TRANSPORTATION DISTRICT AS DEFINED IN
SECTION TWELVE HUNDRED SIXTY-TWO OF  THE  PUBLIC  AUTHORITIES  LAW,  AND
$10.50 IN THE REMAINDER OF THE STATE ON AND AFTER DECEMBER 31, 2016,
  $13.75  IN  A  CITY  WITH A POPULATION IN EXCESS OF ONE MILLION AND IN
COUNTIES WITH A POPULATION OF NINE HUNDRED THOUSAND OR  MORE  THAT  FALL
WITHIN  THE  METROPOLITAN COMMUTER TRANSPORTATION DISTRICT AS DEFINED IN
SECTION TWELVE HUNDRED SIXTY-TWO OF  THE  PUBLIC  AUTHORITIES  LAW,  AND
$11.55 IN THE REMAINDER OF THE STATE ON AND AFTER DECEMBER 31, 2017,
  $15.00  IN  A  CITY  WITH A POPULATION IN EXCESS OF ONE MILLION AND IN
COUNTIES WITH A POPULATION OF NINE HUNDRED THOUSAND OR  MORE  THAT  FALL
WITHIN  THE  METROPOLITAN COMMUTER TRANSPORTATION DISTRICT AS DEFINED IN
SECTION TWELVE HUNDRED SIXTY-TWO OF  THE  PUBLIC  AUTHORITIES  LAW,  AND
$12.60 IN THE REMAINDER OF THE STATE ON AND AFTER DECEMBER 31, 2018, AND
ON   AND  AFTER  DECEMBER  31,  2019  AND  ON  EACH  FOLLOWING  DECEMBER
THIRTY-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 DECEMBER THIRTY-FIRST USING THE CONSUMER  PRICE  INDEX-ALL
URBAN CONSUMERS, CPI-U, OR A SUCCESSOR INDEX AS CALCULATED BY THE UNITED
STATES  DEPARTMENT  OF  LABOR, IF SUCH RATE OF INFLATION IS GREATER THAN
ZERO PERCENT, 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 AT LEAST $10.40 IN A CITY WITH A POPU-
LATION  IN  EXCESS  OF  ONE MILLION AND IN COUNTIES WITH A POPULATION OF
NINE HUNDRED THOUSAND OR MORE THAT FALL WITHIN THE METROPOLITAN COMMUTER
TRANSPORTATION DISTRICT AS DEFINED IN SECTION TWELVE  HUNDRED  SIXTY-TWO
OF  THE  PUBLIC AUTHORITIES LAW, AND $8.75 IN THE REMAINDER OF THE STATE
ON AND AFTER DECEMBER 31, 2016; AND AT LEAST $11.45 IN  A  CITY  WITH  A
POPULATION IN EXCESS OF ONE MILLION AND IN COUNTIES WITH A POPULATION OF
NINE HUNDRED THOUSAND OR MORE THAT FALL WITHIN THE METROPOLITAN COMMUTER
TRANSPORTATION  DISTRICT  AS DEFINED IN SECTION TWELVE HUNDRED SIXTY-TWO
OF THE PUBLIC AUTHORITIES LAW, AND $9.65 IN THE REMAINDER OF  THE  STATE
ON  AND  AFTER DECEMBER 31, 2017; AND $12.50 IN A CITY WITH A POPULATION
IN EXCESS OF ONE MILLION AND IN  COUNTIES  WITH  A  POPULATION  OF  NINE
HUNDRED  THOUSAND  OR  MORE  THAT  FALL WITHIN THE METROPOLITAN COMMUTER
TRANSPORTATION DISTRICT AS DEFINED IN SECTION TWELVE  HUNDRED  SIXTY-TWO
OF  THE PUBLIC AUTHORITIES LAW, AND $10.50 IN THE REMAINDER OF THE STATE
ON  AND  AFTER  DECEMBER  31,  2018  AND  ON  EACH  FOLLOWING   DECEMBER
THIRTY-FIRST, THE COMMISSIONER SHALL CALCULATE AND ESTABLISH AN ADJUSTED
CASH WAGE RATE BY INCREASING THE THEN CURRENT CASH WAGE RATE BY THE RATE
OF  INFLATION FOR THE MOST RECENT TWELVE MONTH PERIOD AVAILABLE PRIOR TO
EACH DECEMBER THIRTY-FIRST USING  THE  CONSUMER  PRICE  INDEX-ALL  URBAN
CONSUMERS,  CPI-U,  OR  A  SUCCESSOR  INDEX  AS CALCULATED BY THE UNITED
STATES DEPARTMENT OF LABOR, IF SUCH RATE OF INFLATION  IS  GREATER  THAN

S. 5602                             3

ZERO  PERCENT  provided that the tips of such an employee, when added to
such cash wage, are equal to or exceed the minimum wage in effect pursu-
ant 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  subdivision shall automatically be increased by the propor-
tionate 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 AT
LEAST $10.40 IN A CITY WITH A POPULATION IN EXCESS OF ONE MILLION AND IN
COUNTIES  WITH  A  POPULATION OF NINE HUNDRED THOUSAND OR MORE THAT FALL
WITHIN THE METROPOLITAN COMMUTER TRANSPORTATION DISTRICT AS  DEFINED  IN
SECTION  TWELVE  HUNDRED  SIXTY-TWO  OF  THE PUBLIC AUTHORITIES LAW, AND
$8.75 IN THE REMAINDER OF THE STATE ON AND AFTER DECEMBER 31, 2016;  AND
AT LEAST $11.45 IN A CITY WITH A POPULATION IN EXCESS OF ONE MILLION AND
IN COUNTIES WITH A POPULATION OF NINE HUNDRED THOUSAND OR MORE THAT FALL
WITHIN  THE  METROPOLITAN COMMUTER TRANSPORTATION DISTRICT AS DEFINED IN
SECTION TWELVE HUNDRED SIXTY-TWO OF  THE  PUBLIC  AUTHORITIES  LAW,  AND
$9.65  IN THE REMAINDER OF THE STATE ON AND AFTER DECEMBER 31, 2017; AND
$12.50 IN A CITY WITH A POPULATION IN EXCESS OF ONE MILLION AND IN COUN-
TIES WITH A POPULATION OF NINE HUNDRED THOUSAND OR MORE THAT FALL WITHIN
THE METROPOLITAN COMMUTER TRANSPORTATION DISTRICT AS DEFINED IN  SECTION
TWELVE  HUNDRED  SIXTY-TWO  OF THE PUBLIC AUTHORITIES LAW, AND $10.50 IN
THE REMAINDER OF THE STATE ON AND AFTER DECEMBER 31, 2018  AND  ON  EACH
FOLLOWING  DECEMBER  THIRTY-FIRST,  THE COMMISSIONER SHALL CALCULATE AND
ESTABLISH AN ADJUSTED CASH WAGE RATE BY INCREASING THE THEN CURRENT CASH
WAGE RATE BY THE RATE OF INFLATION FOR  THE  MOST  RECENT  TWELVE  MONTH
PERIOD  AVAILABLE PRIOR TO EACH DECEMBER THIRTY-FIRST USING THE CONSUMER
PRICE INDEX-ALL URBAN CONSUMERS, CPI-U, OR A SUCCESSOR INDEX  AS  CALCU-
LATED  BY  THE  UNITED  STATES  DEPARTMENT  OF  LABOR,  IF  SUCH RATE OF
INFLATION IS GREATER THAN ZERO PERCENT  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. This act shall take effect immediately.

co-Sponsors

View additional co-sponsors

2015-S5602A - Details

See Assembly Version of this Bill:: A7257
Current Committee:: Senate Labor
Law Section:: Labor Law
Laws Affected:: Amd §§651 & 652, Lab L; amd §2023-a, Ed L; amd §3-c, Gen Muni L; amd Part H §92 sub 1, Chap 59 of 2011; amd §3614-c, Pub Health L

2015-S5602A - Summary

Relates to the minimum wage.

2015-S5602A - Sponsor Memo

                                 BILL NUMBER:  S5602A

 TITLE OF BILL :

An act to amend the labor law, the education law and the general
municipal law, in relation to the minimum wage; and to amend part H of
chapter 59 of the laws of 2011, amending the public health law and
other laws relating to known and projected department of health state
fund medicaid expenditures, in relation to medicaid disbursements

 SUMMARY OF SPECIFIC PROVISIONS :

Sections 1 and 2 of the bill would amend § 651 of the Labor Law to
require that state and municipal governments and political
subdivisions thereof pay their employees the statutory minimum wage.

Section 3 of the bill would amend § 652 of the Labor Law to raise the
statutory minimum wage to $12.50 in New York City and Nassau, Suffolk,
and Westchester counties and $10.50 in the rest of the State on
December 31, 2016; to $13.75 in New York City and Nassau, Suffolk, and
Westchester counties and $11.55 in the rest of the state on December
31, 2017, and to $15.00 in New York City and Nassau, Suffolk, and
Westchester counties and $12.60 in the rest of the state on December
31, 2018. On and after December 31, 2019, the minimum wage would be
indexed to the rate of inflation.

Section 3 of the bill would also raise the tipped wage to $10.40 in
New York City and Nassau, Suffolk, and Westchester counties and $8.75
in the rest of the state on December 31, 2016, to $11.45 in New York
City and Nassau, Suffolk, and Westchester counties and $9.65 in the
rest of the state on December 31, 2017, and to $12.50 in New York City
and Nassau, Suffolk, and Westchester counties and $10.50 in the rest
of the state on December 31, 2018. On and after December 31, 2019, the
tipped wage would be indexed to the rate of inflation.

Section 4 is the effective date.

 JUSTIFICATION :

When Congress enacted the Fair. Labor Standards Act in 1938 and
prescribed a minimum wage, it was intended to ensure that low-wage
workers would earn, at the very least, a livable wage. Over the years,
data has shown that the federal government's actions to preserve this
standard against the erosive power of inflation have fallen decades
behind. If the 1968 minimum wage of $1.50 had been indexed to
inflation, it would have the purchasing power of over $10.00 today.

While the recent increase to the minimum wage to $9.00 is a start,
more can be done to help families meet the rising costs of food and
shelter, health care, transportation, child care and other
necessities. This bill ensures that the state's minimum wage will keep
pace with inflation and also recognizes that the state is diverse,
with the cost of living varying by region. Providing for a higher
minimum wage in areas of the state with a higher cost of living will
enable residents in all regions of the State to make a livable wage
that is commensurate with their needs.

 PRIOR LEGISLATIVE HISTORY :

Senate: New Bill.  Assembly: Same as A.7257

 FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS :

None to the State.

 EFFECTIVE DATE :
This act would take effect immediately.

2015-S5602A - Bill Text download pdf

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

                                 5602--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              May 18, 2015
                               ___________

Introduced  by  Sens.  PANEPINTO,  HAMILTON,  KRUEGER,  PARKER, PERKINS,
  STAVISKY -- read twice and ordered printed, and  when  printed  to  be
  committed to the Committee on Labor -- recommitted to the Committee on
  Labor   in  accordance  with  Senate  Rule  6,  sec.  8  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the labor law, the education law and the general munici-
  pal law, in relation to the minimum wage; and to amend part H of chap-
  ter 59 of the laws of 2011, amending the public health law  and  other
  laws  relating  to known and projected department of health state fund
  medicaid expenditures, in relation to medicaid disbursements

  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. 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.  (A)  Every employer shall pay to each of its employees
for each hour worked a wage of not less than:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10738-04-6

S. 5602--A                          2

  $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, 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.
  (B) EMPLOYERS IN ALL AREAS OF THE STATE NOT COVERED BY  PARAGRAPH  (C)
OF  THIS  SUBDIVISION  SHALL  PAY TO EACH OF ITS EMPLOYEES FOR EACH HOUR
WORKED A WAGE OF NOT LESS THAN:
  $9.75 ON AND AFTER JULY 1, 2016,
  $10.75 ON AND AFTER DECEMBER 31, 2016,
  $11.75 ON AND AFTER DECEMBER 31, 2017,
  $12.75 ON AND AFTER DECEMBER 31, 2018,
  $13.75 ON AND AFTER DECEMBER 31, 2019,
  $14.50 ON AND AFTER DECEMBER 31, 2020, AND
  $15.00, AND ON AND AFTER DECEMBER  31,  2021  AND  ON  EACH  FOLLOWING
DECEMBER THIRTY-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 DECEMBER THIRTY-FIRST USING THE CONSUMER PRICE
INDEX-ALL URBAN CONSUMERS, CPI-U, OR A SUCCESSOR INDEX AS CALCULATED  BY
THE  UNITED  STATES  DEPARTMENT  OF  LABOR, IF SUCH RATE OF INFLATION IS
GREATER THAN ZERO PERCENT, 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.
  (C) EMPLOYERS IN A CITY WITH A POPULATION IN EXCESS OF ONE MILLION AND
IN COUNTIES WITH A POPULATION OF NINE HUNDRED THOUSAND OR MORE THAT FALL
WITHIN  THE  METROPOLITAN COMMUTER TRANSPORTATION DISTRICT AS DEFINED IN
SECTION TWELVE HUNDRED SIXTY-TWO OF THE PUBLIC  AUTHORITIES  LAW,  SHALL
PAY  TO  EACH  OF  ITS EMPLOYEES FOR EACH HOUR WORKED A WAGE OF NOT LESS
THAN:
  $10.50 ON AND AFTER JULY 1, 2016,
  $12.00 ON AND AFTER DECEMBER 31, 2016,
  $13.50 ON AND AFTER DECEMBER 31, 2017, AND
  $15.00 ON AND AFTER DECEMBER 31, 2018 AND ON EACH  FOLLOWING  DECEMBER
THIRTY-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 DECEMBER THIRTY-FIRST USING THE CONSUMER PRICE INDEX-ALL
URBAN CONSUMERS, CPI-U, OR A SUCCESSOR INDEX AS CALCULATED BY THE UNITED
STATES DEPARTMENT OF LABOR, IF SUCH RATE OF INFLATION  IS  GREATER  THAN
ZERO  PERCENT,  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.
  (D) THE RATES AND SCHEDULE ESTABLISHED  IN  SUBDIVISION  (C)  OF  THIS
SECTION  SHALL  NOT BE DEEMED TO BE THE MINIMUM WAGE FOR PURPOSES OF THE
CALCULATIONS SPECIFIED IN SUBDIVISIONS  ONE  AND  TWO  OF  SECTION  FIVE
HUNDRED TWENTY-SEVEN OF THIS CHAPTER.

S. 5602--A                          3

  S  4.  Paragraph a of subdivision 3 of section 2023-a of the education
law is amended by adding a new subparagraph 3-a to read as follows:
  (3-A)  ADD  ANY  INCREASE  ATTRIBUTABLE  TO  INCREASES IN MINIMUM WAGE
PURSUANT TO SECTION SIX HUNDRED FIFTY-TWO OF THE LABOR LAW.
  S 5. Paragraph (c) of subdivision 3 of  section  3-c  of  the  general
municipal law, as added by section 1 of part A of chapter 97 of the laws
of 2011, is amended to read as follows:
  (c)  Each local government shall calculate the tax levy limit applica-
ble to the coming fiscal year which shall be determined as follows:
  (i) Ascertain the total amount of taxes levied for  the  prior  fiscal
year.
  (ii)  Multiply  the  result  by the tax base growth factor, calculated
pursuant to paragraph (b) of this subdivision, if any.
  (iii) Add any payments in lieu of taxes that were  receivable  in  the
prior fiscal year.
  (iv)  ADD  ANY  INCREASES  ATTRIBUTABLE  TO  INCREASES IN MINIMUM WAGE
PURSUANT TO SECTION SIX HUNDRED FIFTY-TWO OF THE LABOR LAW.
  (V) Subtract the tax levy necessary to support  expenditures  pursuant
to  subparagraph (i) of paragraph (g) of subdivision two of this section
for the prior fiscal year, if any.
  [(v)] (VI) Multiply the result by the allowable levy growth factor.
  [(vi)] (VII) Subtract any payments in lieu of taxes receivable in  the
coming fiscal year.
  [(vii)] (VIII) Add the available carryover, if any.
  S  6.  Subdivision 1 of section 92 of part H of chapter 59 of the laws
of 2011, amending the public health law and other laws relating to known
and projected department of health state fund medicaid expenditures,  as
amended  by  section  8  of part B of chapter 57 of the laws of 2015, is
amended to read as follows:
  1. For state fiscal years 2011-12 through 2016-17, the director of the
budget, in consultation with the commissioner of  health  referenced  as
"commissioner"  for  purposes of this section, shall assess on a monthly
basis, as reflected in monthly reports pursuant to subdivision  five  of
this  section known and projected department of health state funds medi-
caid expenditures by category of service and by geographic  regions,  as
defined  by  the  commissioner, and if the director of the budget deter-
mines that such expenditures are expected to  cause  medicaid  disburse-
ments for such period to exceed the projected department of health medi-
caid  state  funds  disbursements  in  the enacted budget financial plan
pursuant to subdivision 3 of section 23 of the state  finance  law,  the
commissioner of health, in consultation with the director of the budget,
shall  develop a medicaid savings allocation plan to limit such spending
to the aggregate limit level specified in the enacted  budget  financial
plan,  provided, however, such projections may be adjusted by the direc-
tor of the budget to account for any  changes  in  the  New  York  state
federal medical assistance percentage amount established pursuant to the
federal social security act, changes in provider revenues, reductions to
local  social  services  district medical assistance administration, and
beginning April 1, 2012 the operational costs  of  the  New  York  state
medical  indemnity fund and state costs or savings from the basic health
plan.  Such projections may be adjusted by the director of the budget to
account for increased or expedited  department  of  health  state  funds
medicaid  expenditures  as a result of a natural or other type of disas-
ter, including a governmental declaration of emergency.  FOR PURPOSES OF
THIS SECTION, FOR PERIODS ON AND AFTER JULY 1, 2016, MEDICAID  DISBURSE-
MENTS SHALL NOT INCLUDE ANY ADDITIONAL EXPENDITURES RELATED TO INCREASES

S. 5602--A                          4

IN  THE  MINIMUM  WAGE  ESTABLISHED PURSUANT TO SECTION 652 OF THE LABOR
LAW.
  S  7.  Severability  clause.  If  an amendment made by section four or
section five of this act or their application to any person, legal enti-
ty, or circumstance is held invalid by a court  of  competent  jurisdic-
tion,  the remainder of this act or the application of such amendment to
other persons, legal entities or circumstances shall not be effected.
  S 8. This act shall take effect immediately; provided,  however,  that
sections  four and five of this act shall first apply to school district
budgets and the budget adoption process for the 2016 - 2017 school year;
provided, further, that section five of this act shall  first  apply  to
the  levy  of taxes by local governments for the fiscal year that begins
in 2017; provided, further, that the amendments to paragraph a of subdi-
vision 3 of section 2023-a of the education law made by section four  of
this act shall not affect the repeal of such section and shall be deemed
repealed  therewith; provided, further, that the amendments to paragraph
(c) of subdivision 3 of section 3-c of the general municipal law made by
section five of this act shall not affect the repeal of such section and
shall be deemed repealed therewith.

co-Sponsors

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2015-S5602B (ACTIVE) - Details

See Assembly Version of this Bill:: A7257
Current Committee:: Senate Labor
Law Section:: Labor Law
Laws Affected:: Amd §§651 & 652, Lab L; amd §2023-a, Ed L; amd §3-c, Gen Muni L; amd Part H §92 sub 1, Chap 59 of 2011; amd §3614-c, Pub Health L

2015-S5602B (ACTIVE) - Summary

Relates to the minimum wage.

2015-S5602B (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S5602B

 TITLE OF BILL :  An act to amend the labor law, the education law and
the general municipal law, in relation to the minimum wage; to amend
the public health law, in relation to home care worker wage parity;
and to amend part H of chapter 59 of the laws of 2011, amending the
public health law and other laws relating to known and projected
department of health state fund medicaid expenditures, in relation to
medicaid disbursements

 SUMMARY OF PROVISIONS :

Sections 1 and 2 of the bill would amend § 651 of the Labor Law to
require that state and municipal governments and political
subdivisions thereof pay their employees the statutory minimum wage.

Section 3 of the bill would amend § 652 of the Labor Law to raise the
statutory minimum wage to $10.50 in New York City and Nassau, Suffolk,
and Westchester counties and $9.75 in the rest of the State on July 1,
2016; to $12.00 in New York City and Nassau, Suffolk, and Westchester
counties and $10.75 in the rest of the state on December 31, 2016; to
$13.50 in New York City and Nassau, Suffolk, and Westchester counties
and $11.75 in the rest of the state on December 31, 2017; to $15.00 in
New York City and Nassau, Suffolk, and Westchester counties and $12.75
in the rest of the state on December 31, 2018; to $13.75 in in the
rest of the state on December 31, 2019; to $14.50 in the rest of the

state by December 31, 2020; and to $15.00 in the rest of the state by
December 31, 2021. On and after December 31, 2018 in New York City and
Nassau, Suffolk and Westchester counties and December 31, 2021 in the
rest of the state the minimum wage would be indexed to the rate of
inflation. Section 2 would also provide that the lower minimum wage
set for upstate New York would apply to the entire state for purposes
of eligibility for unemployment.

Sections 4 and 5 of the bill would exempt any minimum wage increase
attributable to § 652 of the labor law from the calculation of real
property tax caps for schools and municipalities.

Section 6 of the bill would exempt any minimum wage increases
attributable to § 652 of the labor law from the global cap on
Medicaid.

Section 7 of the bill would provide that the cash portion of the wage
for home health aides in New York City, Nassau, Suffolk, and
Westchester must be increased in response to a minimum wage increase.

Section 8 of the bill would require that any increase attributable to
the increase in the minimum wage be excluded from the calculation of
any policy of the state regarding spending limitations in the enacted
budget relating to the state's financial plans and capital improvement
program. It would also require that programs or services, including
those provided through not-for-profits, funded by New York State
through certain enumerated agencies be adjusted to reflect the
increase in labor costs related to the minimum wage.

Section 9 is a severability provision.

Section 10 is the effective date.

 JUSTIFICATION :

When Congress enacted the Fair Labor Standards Act in 1938 and
prescribed a minimum wage, it was intended to ensure that low-wage
workers would earn, at the very least, a liveable wage. Over the
years, data has shown that the federal government's actions to
preserve this standard against the erosive power of inflation have
fallen decades behind. If the 1968 minimum wage of $1.50 had been
indexed to inflation, it would have the purchasing power of over
$12.00 today.

While the recent increase to the minimum wage to $9.00 is a start,
more can be done to help families meet the rising costs of food and
shelter, health care, transportation, child care and other
necessities.

This bill ensures that the state's minimum wage will keep pace with
inflation and also recognizes that the state is diverse, with the cost
of living varying by region. Providing for a higher minimum wage in
areas of the state with a higher cost of living will enable residents
in all regions of the State to make a livable wage that is
commensurate with their needs.

Health care workers and other human services providers cannot be left
behind. To ensure that there are sufficient resources available for
the Medicaid program to support these wage increases without impacting
services, the bill would exempt any costs attributable to the increase
in the minimum wage from the annual global growth cap on the State's
share of Department of Health Medicaid expenditures.  Additionally,
there are many vital human services functions performed by
not-for-profit organizations that contract with the State. In order
for such nonprofits to continue to provide high-quality services, the
Assembly anticipates that the wage increases under the bill will be
funded in the Enacted Budget. Finally, an exclusion from the real
property tax cap and any State spending limitation of any expenditures
attributable to the increase in the minimum wage would enable school
districts, municipalities, and the State to effectively address any
cost increases and ensure the provision of necessary educational,
community, and human services.

 LEGISLATIVE HISTORY :

New legislation.

 FISCAL IMPLICATIONS :

None to the State.

 EFFECTIVE DATE :
This act would take effect immediately.

2015-S5602B (ACTIVE) - Bill Text download pdf

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

                                 5602--B

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              May 18, 2015
                               ___________

Introduced  by  Sens.  PANEPINTO,  HAMILTON,  KRUEGER,  PARKER, PERKINS,
  STAVISKY -- read twice and ordered printed, and  when  printed  to  be
  committed to the Committee on Labor -- recommitted to the Committee on
  Labor   in  accordance  with  Senate  Rule  6,  sec.  8  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee  --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the labor law, the education law and the general munici-
  pal  law,  in relation to the minimum wage; to amend the public health
  law, in relation to home care worker wage parity; and to amend part  H
  of  chapter 59 of the laws of 2011, amending the public health law and
  other laws relating to known and projected department of health  state
  fund medicaid expenditures, in relation to medicaid disbursements

  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.  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:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10738-06-6

S. 5602--B                          2

  1. Statutory. (A) 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,
  $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  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.
  (B) EMPLOYERS IN ALL AREAS OF THE STATE NOT COVERED BY  PARAGRAPH  (C)
OF  THIS  SUBDIVISION  SHALL  PAY TO EACH OF ITS EMPLOYEES FOR EACH HOUR
WORKED A WAGE OF NOT LESS THAN:
  $9.75 ON AND AFTER JULY 1, 2016,
  $10.75 ON AND AFTER DECEMBER 31, 2016,
  $11.75 ON AND AFTER DECEMBER 31, 2017,
  $12.75 ON AND AFTER DECEMBER 31, 2018,
  $13.75 ON AND AFTER DECEMBER 31, 2019,
  $14.50 ON AND AFTER DECEMBER 31, 2020, AND
  $15.00, AND ON AND AFTER DECEMBER  31,  2021  AND  ON  EACH  FOLLOWING
DECEMBER THIRTY-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 DECEMBER THIRTY-FIRST USING THE CONSUMER PRICE
INDEX-ALL URBAN CONSUMERS, CPI-U, OR A SUCCESSOR INDEX AS CALCULATED  BY
THE  UNITED  STATES  DEPARTMENT  OF  LABOR, IF SUCH RATE OF INFLATION IS
GREATER THAN ZERO PERCENT, 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.
  (C) EMPLOYERS IN A CITY WITH A POPULATION IN EXCESS OF ONE MILLION AND
IN COUNTIES WITH A POPULATION OF NINE HUNDRED THOUSAND OR MORE THAT FALL
WITHIN  THE  METROPOLITAN COMMUTER TRANSPORTATION DISTRICT AS DEFINED IN
SECTION TWELVE HUNDRED SIXTY-TWO OF THE PUBLIC  AUTHORITIES  LAW,  SHALL
PAY  TO  EACH  OF  ITS EMPLOYEES FOR EACH HOUR WORKED A WAGE OF NOT LESS
THAN:
  $10.50 ON AND AFTER JULY 1, 2016,
  $12.00 ON AND AFTER DECEMBER 31, 2016,
  $13.50 ON AND AFTER DECEMBER 31, 2017, AND
  $15.00 ON AND AFTER DECEMBER 31, 2018 AND ON EACH  FOLLOWING  DECEMBER
THIRTY-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 DECEMBER THIRTY-FIRST USING THE CONSUMER PRICE INDEX-ALL
URBAN CONSUMERS, CPI-U, OR A SUCCESSOR INDEX AS CALCULATED BY THE UNITED
STATES DEPARTMENT OF LABOR, IF SUCH RATE OF INFLATION  IS  GREATER  THAN
ZERO  PERCENT,  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.
  (D) THE RATES AND SCHEDULE ESTABLISHED  IN  SUBDIVISION  (C)  OF  THIS
SECTION  SHALL  NOT BE DEEMED TO BE THE MINIMUM WAGE FOR PURPOSES OF THE

S. 5602--B                          3

CALCULATIONS SPECIFIED IN SUBDIVISIONS  ONE  AND  TWO  OF  SECTION  FIVE
HUNDRED TWENTY-SEVEN OF THIS CHAPTER.
  S  4.  Paragraph a of subdivision 3 of section 2023-a of the education
law is amended by adding a new subparagraph 3-a to read as follows:
  (3-A) ADD ANY INCREASE  ATTRIBUTABLE  TO  INCREASES  IN  MINIMUM  WAGE
PURSUANT TO SECTION SIX HUNDRED FIFTY-TWO OF THE LABOR LAW.
  S  5.  Paragraph  (c)  of  subdivision 3 of section 3-c of the general
municipal law, as added by section 1 of part A of chapter 97 of the laws
of 2011, is amended to read as follows:
  (c) Each local government shall calculate the tax levy limit  applica-
ble to the coming fiscal year which shall be determined as follows:
  (i)  Ascertain  the  total amount of taxes levied for the prior fiscal
year.
  (ii) Multiply the result by the tax  base  growth  factor,  calculated
pursuant to paragraph (b) of this subdivision, if any.
  (iii)  Add  any  payments in lieu of taxes that were receivable in the
prior fiscal year.
  (iv) ADD ANY INCREASES  ATTRIBUTABLE  TO  INCREASES  IN  MINIMUM  WAGE
PURSUANT TO SECTION SIX HUNDRED FIFTY-TWO OF THE LABOR LAW.
  (V)  Subtract  the tax levy necessary to support expenditures pursuant
to subparagraph (i) of paragraph (g) of subdivision two of this  section
for the prior fiscal year, if any.
  [(v)] (VI) Multiply the result by the allowable levy growth factor.
  [(vi)]  (VII) Subtract any payments in lieu of taxes receivable in the
coming fiscal year.
  [(vii)] (VIII) Add the available carryover, if any.
  S 6. Subdivision 1 of section 92 of part H of chapter 59 of  the  laws
of 2011, amending the public health law and other laws relating to known
and  projected department of health state fund medicaid expenditures, as
amended by section 8 of part B of chapter 57 of the  laws  of  2015,  is
amended to read as follows:
  1. For state fiscal years 2011-12 through 2016-17, the director of the
budget,  in  consultation  with the commissioner of health referenced as
"commissioner" for purposes of this section, shall assess on  a  monthly
basis,  as  reflected in monthly reports pursuant to subdivision five of
this section known and projected department of health state funds  medi-
caid  expenditures  by category of service and by geographic regions, as
defined by the commissioner, and if the director of  the  budget  deter-
mines  that  such  expenditures are expected to cause medicaid disburse-
ments for such period to exceed the projected department of health medi-
caid state funds disbursements in  the  enacted  budget  financial  plan
pursuant  to  subdivision  3 of section 23 of the state finance law, the
commissioner of health, in consultation with the director of the budget,
shall develop a medicaid savings allocation plan to limit such  spending
to  the  aggregate limit level specified in the enacted budget financial
plan, provided, however, such projections may be adjusted by the  direc-
tor  of  the  budget  to  account  for any changes in the New York state
federal medical assistance percentage amount established pursuant to the
federal social security act, changes in provider revenues, reductions to
local social services district medical  assistance  administration,  and
beginning  April  1,  2012  the  operational costs of the New York state
medical indemnity fund and state costs or savings from the basic  health
plan.  Such projections may be adjusted by the director of the budget to
account  for  increased  or  expedited  department of health state funds
medicaid expenditures as a result of a natural or other type  of  disas-
ter, including a governmental declaration of emergency.  FOR PURPOSES OF

S. 5602--B                          4

THIS  SECTION, FOR PERIODS ON AND AFTER JULY 1, 2016, MEDICAID DISBURSE-
MENTS SHALL NOT INCLUDE ANY ADDITIONAL EXPENDITURES RELATED TO INCREASES
IN THE MINIMUM WAGE ESTABLISHED PURSUANT TO SECTION  652  OF  THE  LABOR
LAW.
  S  7.  Section 3614-c of the public health law, as added by section 33
of part H of chapter 59 of the laws of  2011,  is  amended  to  read  as
follows:
  S  3614-c.  Home  care worker wage parity. 1. As used in this section,
the following terms shall have the following meaning:
  (a) "Living wage law" means any law  enacted  by  Nassau,  Suffolk  or
Westchester  county  or  a city with a population of one million or more
which establishes a minimum wage for some or all employees  who  perform
work on contracts with such county or city.
  (b) "Total compensation" means all wages and other direct compensation
paid to or provided on behalf of the employee including, but not limited
to, wages, health, education or pension benefits, supplements in lieu of
benefits  and  compensated  time  off,  except  that it does not include
employer taxes or employer portion of payments for  statutory  benefits,
including  but  not  limited to FICA, disability insurance, unemployment
insurance and workers' compensation.
  (c) "Prevailing rate of total compensation" means the  average  hourly
amount  of  total  compensation  paid  to all home care aides covered by
whatever collectively bargained agreement covers the greatest number  of
home  care aides in a city with a population of one million or more. For
purposes of this definition, any set of  collectively  bargained  agree-
ments  in  such  city  with  substantially the same terms and conditions
relating to total compensation shall be considered as a  single  collec-
tively bargained agreement.
  (d)  "Home  care  aide"  means a home health aide, personal care aide,
home attendant or other licensed  or  unlicensed  person  whose  primary
responsibility  includes the provision of in-home assistance with activ-
ities of daily  living,  instrumental  activities  of  daily  living  or
health-related  tasks;  provided,  however, that home care aide does not
include any individual (i) working on a casual basis, or (ii) who  is  a
relative  through  blood,  marriage or adoption of: (1) the employer; or
(2) the person for whom the  worker  is  delivering  services,  under  a
program funded or administered by federal, state or local government.
  (e)  "Managed  care plan" means any managed care program, organization
or demonstration covering personal care or home  health  aide  services,
and which receives premiums funded, in whole or in part, by the New York
state medical assistance program, including but not limited to all Medi-
caid  managed care, Medicaid managed long term care, Medicaid advantage,
and Medicaid advantage plus plans and all programs of all-inclusive care
for the elderly.
  (f) "Episode of care" means any service unit reimbursed, in  whole  or
in  part,  by  the  New  York  state medical assistance program, whether
through direct reimbursement or covered by a premium payment, and  which
covers,  in  whole or in part, any service provided by a home care aide,
including but not limited to all service units defined as visits, hours,
days, months or episodes.
  (G) "CASH PORTION OF THE MINIMUM RATE OF HOME CARE AID  TOTAL  COMPEN-
SATION"  MEANS  THE  MINIMUM AMOUNT OF HOME CARE AIDE TOTAL COMPENSATION
THAT MAY BE PAID IN CASH WAGES,  AS  DETERMINED  BY  THE  DEPARTMENT  IN
CONSULTATION WITH THE DEPARTMENT OF LABOR.
  (H)  "BENEFIT  PORTION  OF  THE  MINIMUM  RATE OF HOME CARE AIDE TOTAL
COMPENSATION" MEANS THE PORTION OF HOME  CARE  AIDE  TOTAL  COMPENSATION

S. 5602--B                          5

THAT  MAY BE PAID IN CASH OR HEALTH, EDUCATION OR PENSION BENEFITS, WAGE
DIFFERENTIALS, SUPPLEMENTS IN LIEU OF BENEFITS AND COMPENSATED TIME OFF,
AS DETERMINED BY THE DEPARTMENT IN CONSULTATION WITH THE  DEPARTMENT  OF
LABOR.  CASH  WAGES  PAID  PURSUANT TO INCREASES IN THE STATE OR FEDERAL
MINIMUM WAGE CANNOT BE USED TO SATISFY THE BENEFIT PORTION OF THE  MINI-
MUM RATE OF HOME CARE AIDE TOTAL COMPENSATION.
  2.  Notwithstanding  any  inconsistent provision of law, rule or regu-
lation, no payments by government agencies shall be  made  to  certified
home  health  agencies,  long  term home health care programs or managed
care plans for any episode of care furnished, in whole or  in  part,  by
any  home care aide who is compensated at amounts less than the applica-
ble minimum rate of home care aide total compensation established pursu-
ant to this section.
  3. (a) The minimum rate of home care aide total compensation in a city
with a population of one million or more shall be:
  (i) for the period March first, two thousand twelve  through  February
twenty-eighth,  two  thousand  thirteen,  ninety  percent  of  the total
compensation mandated by the living wage law of such city;
  (ii) for the period March first, two thousand thirteen through  Febru-
ary  twenty-eighth,  two  thousand  fourteen, ninety-five percent of the
total compensation mandated by the living wage law of such city;
  (iii) for [all periods on and after] THE PERIOD March first, two thou-
sand fourteen THROUGH MARCH THIRTY-FIRST TWO THOUSAND SIXTEEN,  no  less
than  the prevailing rate of total compensation as of January first, two
thousand eleven, or the total compensation mandated by the  living  wage
law of such city, whichever is greater;
  (IV)  FOR  ALL  PERIODS ON OR AFTER APRIL FIRST, TWO THOUSAND SIXTEEN,
THE CASH PORTION OF THE MINIMUM RATE OF HOME  CARE  AIDE  TOTAL  COMPEN-
SATION SHALL BE TEN DOLLARS OR THE MINIMUM WAGE AS LAID OUT IN PARAGRAPH
(C)  OF  SUBDIVISION  ONE  OF SECTION SIX HUNDRED FIFTY-TWO OF THE LABOR
LAW, WHICHEVER IS HIGHER. THE BENEFIT PORTION OF  THE  MINIMUM  RATE  OF
HOME CARE AIDE TOTAL COMPENSATION SHALL BE FOUR DOLLARS AND NINE CENTS.
  (b) The minimum rate of home care aide total compensation in the coun-
ties of Nassau, Suffolk and Westchester shall be:
  (i) for the period March first, two thousand thirteen through February
twenty-eighth,  two  thousand  fourteen,  ninety  percent  of  the total
compensation mandated by the living wage law as set on March first,  two
thousand thirteen of a city with a population of a million or more;
  (ii)  for the period March first, two thousand fourteen through Febru-
ary twenty-eighth, two thousand  fifteen,  ninety-five  percent  of  the
total  compensation  mandated  by  the  living  wage law as set on March
first, two thousand fourteen of a city with a population of a million or
more;
  (iii) for the period March first, two thousand fifteen, through Febru-
ary twenty-eighth, two thousand sixteen,  one  hundred  percent  of  the
total  compensation  mandated  by  the  living  wage law as set on March
first, two thousand fifteen of a city with a population of a million  or
more;
  (iv)  for  all  periods on or after March first, two thousand sixteen,
[the lesser of (i) one hundred and fifteen percent of the total  compen-
sation  mandated  by  the  living wage law as set on March first of each
succeeding year of a city with a population of one million or  more  or;
(ii)  the  total compensation mandated by the living wage law of Nassau,
Suffolk or Westchester county, based on the location of the  episode  of
care]  THE  CASH  PORTION  OF  THE  MINIMUM RATE OF HOME CARE AIDE TOTAL
COMPENSATION SHALL BE TEN DOLLARS OR THE MINIMUM WAGE  AS  LAID  OUT  IN

S. 5602--B                          6

PARAGRAPH (C) OF SUBDIVISION ONE OF SECTION SIX HUNDRED FIFTY-TWO OF THE
LABOR  LAW, WHICHEVER IS HIGHER. THE BENEFIT PORTION OF THE MINIMUM RATE
OF HOME CARE AIDE TOTAL COMPENSATION SHALL BE THREE DOLLARS AND  TWENTY-
TWO CENTS.
  4.  [Any  portion  of the minimum rate of home care aide total compen-
sation attributable to health benefit  costs  or  payments  in  lieu  of
health  benefits, and paid time off, as established pursuant to subdivi-
sion three of this section shall be  superseded  by  the  terms  of  any
employer bona fide collective bargaining agreement in effect as of Janu-
ary  first, two thousand eleven, or a successor to such agreement, which
provides for home care aides' health benefits through payments to joint-
ly administered labor-management funds.
  5.] The terms of this section shall apply equally to services provided
by home care aides who work on episodes of care as direct  employees  of
certified  home health agencies, long term home health care programs, or
managed care plans, or as employees of licensed home care services agen-
cies, limited licensed home care services agencies, or under  any  other
arrangement.
  [6.]  5. No payments by government agencies shall be made to certified
home health agencies, long term home health care  programs,  or  managed
care  plans  for  any  episode of care without the certified home health
agency, long term home health care program, or managed care plan  having
delivered  prior  written  certification  to  the commissioner, on forms
prepared by the department in consultation with the department of labor,
that all services provided under  each  episode  of  care  are  in  full
compliance with the terms of this section and any regulations promulgat-
ed pursuant to this section.
  [7.]  6.  If  a  certified home health agency or long term home health
care program elects to provide home care aide services through contracts
with licensed  home  care  services  agencies  or  through  other  third
parties,  provided  that the episode of care on which the home care aide
works is covered under the terms of this  section,  the  certified  home
health  agency, long term home health care program, or managed care plan
must obtain a written certification from the licensed home care services
agency or other third party, on forms  prepared  by  the  department  in
consultation with the department of labor, which attests to the licensed
home  care  services agency's or other third party's compliance with the
terms of this section.  Such  certifications  shall  also  obligate  the
certified  home  health  agency,  long term home health care program, or
managed care plan to obtain, on no less  than  a  quarterly  basis,  all
information  from  the licensed home care services agency or other third
parties necessary to verify compliance with the terms of  this  section.
Such certifications and the information exchanged pursuant to them shall
be retained by all certified home health agencies, long term home health
care  programs,  or  managed  care  plans,  and  all  licensed home care
services agencies, or other third parties for a period of no  less  than
ten years, and made available to the department upon request.
  [8.] 7. The commissioner shall distribute to all certified home health
agencies,  long  term  home health care programs, and managed care plans
official notice of the minimum rates of home care aide  compensation  at
least  one hundred twenty days prior to the effective date of each mini-
mum rate for each social services district covered by the terms of  this
section.
  [9.]  8. The commissioner is authorized to promulgate regulations, and
may promulgate emergency regulations, to  implement  the  provisions  of
this section.

S. 5602--B                          7

  [10.]  9. Nothing in this section should be construed as applicable to
any service provided by certified home health agencies, long  term  home
health  care  programs, or managed care plans except for all episodes of
care reimbursed in whole or in part by the New York Medicaid program.
  [11.]  10.  No certified home health agency, managed care plan or long
term home health care program shall be liable for recoupment of payments
for services provided through a licensed home care  services  agency  or
other third party with which the certified home health agency, long term
home  health  care  program, or managed care plan has a contract because
the licensed agency or other third  party  failed  to  comply  with  the
provisions  of  this  section  if the certified home health agency, long
term home health care program, or managed care plan has  reasonably  and
in  good  faith  collected  certifications  and all information required
pursuant to subdivisions [six and seven] FIVE AND SIX of this section.
  S 8. Notwithstanding any  inconsistent  provision  or  policy  to  the
contrary,  any increase attributable to the increase in the minimum wage
established pursuant to section 652 of the labor law, shall be  excluded
from  the calculation of any policy of the state spending limitations in
the enacted budget financial plan pursuant to subdivision 3  of  section
23 of the state finance law.
  Notwithstanding  any  inconsistent  provision  of  law, any program or
service including not-for-profits funded by New York state  through  the
department of the office of mental health, office for people with devel-
opmental   disabilities,   office  of  alcoholism  and  substance  abuse
services, department of health, office of children and family  services,
office  of  temporary  and disabilities assistance, the state office for
the aging and the department of labor shall be adjusted to  reflect  the
increase  in labor costs related to the minimum wage pursuant to section
652 of the labor law.
  S 9. Severability clause. If an amendment  made  by  section  four  or
section five of this act or their application to any person, legal enti-
ty,  or  circumstance  is held invalid by a court of competent jurisdic-
tion, the remainder of this act or the application of such amendment  to
other persons, legal entities or circumstances shall not be effected.
  S  10. This act shall take effect immediately; provided, however, that
sections four and five of this act shall first apply to school  district
budgets and the budget adoption process for the 2016 - 2017 school year;
provided,  further,  that  section five of this act shall first apply to
the levy of taxes by local governments for the fiscal year  that  begins
in 2017; provided, further, that the amendments to paragraph a of subdi-
vision  3 of section 2023-a of the education law made by section four of
this act shall not affect the repeal of such section and shall be deemed
repealed therewith; provided, further, that the amendments to  paragraph
(c) of subdivision 3 of section 3-c of the general municipal law made by
section five of this act shall not affect the repeal of such section and
shall be deemed repealed therewith.

Senate Bill S5602B

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Archive: Last Bill Status - In Senate Committee Labor Committee

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Senate Bill S5602B

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Sponsored By

Archive: Last Bill Status - In Senate Committee Labor Committee

Bill Amendments

co-Sponsors

2015-S5602 - Details

2015-S5602 - Summary

2015-S5602 - Sponsor Memo

2015-S5602 - Bill Text download pdf

co-Sponsors

2015-S5602A - Details

2015-S5602A - Summary

2015-S5602A - Sponsor Memo

2015-S5602A - Bill Text download pdf

co-Sponsors

2015-S5602B (ACTIVE) - Details

2015-S5602B (ACTIVE) - Summary

2015-S5602B (ACTIVE) - Sponsor Memo

2015-S5602B (ACTIVE) - Bill Text download pdf

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