Senate Bill S5086

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5086
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               March 7, 2017
                                ___________
 
 Introduced  by  Sen.  DeFRANCISCO -- 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 requiring an expert analy-
   sis and public hearings before wage orders shall take effect
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision 2 of section 652 of the labor law, as amended
 by chapter 38 of the laws of 1990, is amended to read as follows:
   2. Existing wage orders. (A) The minimum wage orders in effect on  the
 effective date of this act shall remain in full force and effect, except
 as modified in accordance with the provisions of this article.
   (B)  Such minimum wage orders shall be modified by the commissioner to
 increase all monetary amounts specified therein in the  same  proportion
 as  the  increase  in the hourly minimum wage as provided in subdivision
 one of this section, including the amounts  specified  in  such  minimum
 wage  orders  as  allowances  for  gratuities, and when furnished by the
 employer to its employees, for meals, lodging, apparel  and  other  such
 items, services and facilities. All amounts so modified shall be rounded
 off  to the nearest five cents. The modified orders shall be promulgated
 by the commissioner without a public hearing, and without reference to a
 wage board, and shall become effective on the  effective  date  of  such
 increases  in  the  minimum  wage  except  as otherwise provided in this
 subdivision, notwithstanding any other provision of this article.
    (C) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY  AND  EXCEPT
 AS  PROVIDED FOR IN SECTION THREE OF THE CHAPTER OF LAWS OF TWO THOUSAND
 SEVENTEEN THAT ADDED THIS PARAGRAPH, ANY MINIMUM WAGE ORDER  ADOPTED  ON
 OR  AFTER  THE  EFFECTIVE  DATE  OF  THE CHAPTER OF LAWS OF TWO THOUSAND
 SEVENTEEN THAT ADDED THIS PARAGRAPH, INCLUDING ANY WAGE ORDER ESTABLISH-
 ING OR MODIFYING OVERTIME THRESHOLDS FOR EMPLOYEES  PAID  A  SALARY  FOR
 SERVICES, SHALL ONLY BE ADOPTED IF THE COMMISSIONER CONDUCTS AN ANALYSIS
 OF  THE  EFFECT OF THE INCREASE IN SUCH ORDER INCLUDING, BUT NOT LIMITED
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10401-01-7

 S. 5086                             2
 
 TO, THE IMPACT UPON EMPLOYERS, EMPLOYEES AND THE ECONOMY  OF  THE  STATE
 AND  THE  AFFECTED  REGIONS  WITHIN THE STATE AND FOLLOWING AT LEAST TWO
 PUBLIC HEARINGS, WITH AT LEAST ONE SUCH HEARING BEING  HELD  OUTSIDE  OF
 NEW  YORK  CITY.  IN  CONDUCTING  THE  ANALYSIS,  THE COMMISSIONER SHALL
 CONSULT WITH THE DEPARTMENT'S DIVISION OF RESEARCH AND  STATISTICS,  THE
 UNITED  STATES DEPARTMENT OF LABOR, THE FEDERAL RESERVE BANK OF NEW YORK
 AND OTHER ECONOMIC EXPERTS. THE COMMISSIONER  SHALL  REFERENCE  WELL-ES-
 TABLISHED  ECONOMIC INDEXES AND ACCEPTED ECONOMIC FACTORS IN DETERMINING
 WHETHER A MODIFICATION TO THE MINIMUM WAGE ORDER IS  JUSTIFIED  AND  THE
 EXTENT  OF  ANY  SUCH  MODIFICATION.  ANY ANALYSIS SHALL BE SEPARATE AND
 DISTINCT FROM AN INVESTIGATION BY THE  COMMISSIONER  AND  A  REPORT  AND
 RECOMMENDATION  BY  A  WAGE  BOARD RELATED TO AN INCREASE IN THE MINIMUM
 WAGE, AS PROVIDED FOR IN THIS ARTICLE.
   § 2. Subdivision 5 of section 652 of the  labor  law,  as  amended  by
 section  2  of  part  K of chapter 54 of the laws of 2016, is amended to
 read as follows:
   5. Notwithstanding subdivisions one and two of this section, meal  and
 lodging  allowances  for  a  food  service  worker receiving a cash wage
 pursuant to subdivision four of this section  shall  not  increase  more
 than two-thirds of the increase [required] AUTHORIZED by subdivision two
 of  this  section  as applied to state wage orders in effect pursuant to
 subdivision one of this section.
   § 3.  Notwithstanding  any  law  to  the  contrary,  any  increase  or
 increases  in a minimum wage pursuant to a wage order adopted by rule on
 December 28, 2016 but not yet applicable on the effective date  of  this
 act  shall  not apply unless and until such wage order complies with the
 requirements of this act.
   § 4. This act shall take effect immediately  and  apply  to  any  wage
 orders adopted on or after such date.