Assembly Bill A5126

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5126
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 7, 2019
                                ___________
 
 Introduced  by M. of A. SCHIMMINGER, THIELE, LUPARDO, JONES, M. G. MILL-
   ER, QUART, WOERNER, KIM, PHEFFER AMATO, KOLB, BARRON, CUSICK,  STIRPE,
   BRABENEC -- read once and referred to the Committee on Labor
 
 AN ACT to amend the labor law, in relation to directing the commissioner
   of  labor  to  smooth  existing  wage orders to conform with statutory
   changes to the  minimum  wage,  specifically  the  Wage  Order  issued
   September  10,  2015  relative  to  fast-food employees; and to repeal
   section 5 of part K of chapter 54 of the laws of  2016,  amending  the
   labor law relating to the rate of minimum wage
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The opening paragraph of 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:
   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; PROVIDED FURTHER, THAT  ANY  FUTURE
 WAGE INCREASES PURSUANT TO THE SEPTEMBER 10, 2015 WAGE ORDER RELATIVE TO
 FAST-FOOD EMPLOYEES SHALL NOT BE ENACTED. THE WAGE FOR FAST-FOOD EMPLOY-
 EES  IN  EFFECT ON THE EFFECTIVE DATE OF THIS ACT SHALL REMAIN IN EFFECT
 UNTIL SUCH TIME AS THE MINIMUM WAGE AS PROVIDED FOR IN  SUBDIVISION  ONE
 OF  THIS SECTION SHALL EXCEED SUCH WAGE AT WHICH TIME THE WAGE FOR FAST-
 FOOD EMPLOYEES SHALL BE THE WAGE PROVIDED FOR IN SUBDIVISION ONE OF THIS
 SECTION.
   § 2. Subdivision 2 of section 657 of the  labor  law,  as  amended  by
 chapter 102 of the laws of 1968, is amended to read as follows:
   2.  Review  by board of standards and appeals. Any person in interest,
 including a labor organization or employer association, in  any  occupa-
 tion  for which a minimum wage order or regulation has been issued under
 the provisions of this article who is aggrieved by such order  or  regu-
 lation  may  obtain  review before the board of standards and appeals by
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02880-01-9

 A. 5126                             2
 
 filing with said board, within forty-five days after  the  date  of  the
 publication  of  the notice of such order or regulation, a written peti-
 tion requesting that the order or regulation be modified or set aside. A
 copy of such petition shall be served promptly upon the commissioner. On
 such  appeal,  the commissioner shall certify and file with the board of
 standards and appeals a transcript of the entire record,  including  the
 testimony  and evidence upon which such order or regulation was made and
 the report of the wage board. The board of standards and  appeals,  upon
 the  record  certified  and filed by the commissioner, shall, after oral
 argument, determine whether the order or  regulation  appealed  from  is
 [contrary  to law] INVALID OR UNREASONABLE. Within forty-five days after
 the expiration of the time for the filing of a petition,  the  board  of
 standards  and  appeals  shall  issue  an  order confirming, amending or
 setting aside the order  or  regulation  appealed  from.  The  appellate
 jurisdiction  of  the  board of standards and appeals shall be exclusive
 and its order final except that the same shall be subject to  an  appeal
 taken  directly  to  the  appellate division of the supreme court, third
 judicial department, within sixty days after its order  is  issued.  The
 commissioner  shall be considered an aggrieved party entitled to take an
 appeal from an order of the board of standards and appeals.
   § 3. Section 5 of part K of chapter 54 of the laws of  2016,  amending
 the labor law, relating to the rate of minimum wage, is REPEALED.
   § 4.  Section 659 of the labor law is amended by adding a new subdivi-
 sion 3 to read as follows:
   3.  BY  COMMISSIONER.  THE COMMISSIONER SHALL, WITHIN SIX MONTHS AFTER
 ENACTMENT OF ANY CHANGE IN THE  STATUTORY  MINIMUM  WAGE  SET  FORTH  IN
 SUBDIVISION  ONE  OF  SECTION  SIX  HUNDRED  FIFTY-TWO  OF THIS ARTICLE,
 CONFORM ALL WAGE ORDERS IN EFFECT ON THE EFFECTIVE DATE OF  SUCH  LEGIS-
 LATION  TO THE STATUTORY MINIMUM WAGE, PROVIDED FURTHER THAT IN NO EVENT
 MAY A WORKER'S WAGES BE REDUCED BY SUCH CONFORMITY.
   § 5. This act shall take effect immediately.