S T A T E O F N E W Y O R K
________________________________________________________________________
4727
2017-2018 Regular Sessions
I N A S S E M B L Y
February 3, 2017
___________
Introduced by M. of A. PALMESANO, BARCLAY, CROUCH, DiPIETRO, FINCH,
GIGLIO, KOLB, GRAF, OAKS -- Multi-Sponsored by -- M. of A. BLANKEN-
BUSH, CASTORINA, FITZPATRICK, FRIEND, HAWLEY, LALOR, LAWRENCE, LUPI-
NACCI, MALLIOTAKIS, McDONOUGH, McLAUGHLIN, B. MILLER, MONTESANO, MORI-
NELLO, MURRAY, RA, RAIA, STEC, WALSH, WALTER -- read once and referred
to the Committee on Labor
AN ACT to amend the labor law, in relation to minimum wage order
increases
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 652 of the labor law is amended by adding a new
subdivision 7 to read as follows:
7. NEW WAGE ORDERS. NO NEW MINIMUM WAGE ORDER OR MODIFICATION OF AN
EXISTING WAGE ORDER ISSUED BY THE COMMISSIONER PURSUANT TO THIS ARTICLE
SHALL BE EFFECTIVE UNTIL THE LEGISLATURE AUTHORIZES THE WAGE INCREASE
CONTAINED WITHIN SUCH ORDER.
§ 2. Section 654 of the labor law, as added by chapter 619 of the laws
of 1960, is amended to read as follows:
§ 654. Basis of changes in minimum wage. In establishing minimum
wages and regulations for any occupation or occupations pursuant to the
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. FURTHER, THE COMMISSIONER SHALL USE
EXISTING EMPLOYMENT DATA TO PREPARE AN ANALYSIS OF THE POSSIBLE AGGRE-
GATE COST INCURRED BY BUSINESSES LOCATED WITHIN THE STATE OF NEW YORK
FOR SUCH AN INCREASE.
§ 3. Subdivision 4 of section 655 of the labor law, as added by chap-
ter 619 of the laws of 1960, is amended to read as follows:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07829-01-7
A. 4727 2
4. Report. Within forty-five days of the appointment of the wage board
to inquire into wages in any occupation or occupations, the board shall
(a) conduct public hearings and (b) submit to the commissioner a report,
including its recommendations as to minimum wages and regulations for
the employees in such occupation or occupations. The report and recom-
mendations of the board shall be submitted only after [a] THE UNANIMOUS
vote of [not less than a majority of] all its members in support of such
report and recommendations. No report or recommendation of a panel shall
be submitted without the prior vote of [not less than a majority of] all
the members of the board in support of such report or recommendation.
The commissioner may extend up to ninety days the time in which the
report shall be submitted.
§ 4. Section 656 of the labor law, as added by chapter 619 of the laws
of 1960, is amended to read as follows:
§ 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, OR MODIFY the board's report and recommendations within
forty-five days after filing with the secretary of the department AND
SUBMIT A REPORT TO THE LEGISLATURE, WHICH SHALL INCLUDE (I) THE RECOM-
MENDATIONS OF THE WAGE BOARD; (II) A STATEMENT INDICATING WHETHER THE
COMMISSIONER ACCEPTS, REJECTS OR RECOMMENDS MODIFICATION OF THE BOARD'S
REPORT AND RECOMMENDATIONS; (III) ANY AND ALL OBJECTIONS TO THE REPORT
AND RECOMMENDATIONS FILED WITH THE COMMISSIONER; AND (IV) THE ANALYSIS
REQUIRED BY SECTION SIX HUNDRED FIFTY-FOUR OF THIS ARTICLE. [The commis-
sioner may by such order modify the regulations recommended by the
board. 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.
§ 5. This act shall take effect immediately.