Senate Bill S9085

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9085
 
                             I N  S E N A T E
 
                             November 9, 2020
                                ___________
 
 Introduced  by  Sen.  RAMOS  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the labor law, in relation to raising the  minimum  wage
   annually by a percentage which is based on inflation
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subdivision 1 of section 652 of the labor law,  as  amended
 by  section 1 of part K of chapter 54 of the laws of 2016, is 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,
   $9.00 on and after December 31, 2015,
   and until December 31, 2016, 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.
   (a)  New  York  City. (i) Large employers. Every employer of eleven or
 more employees shall pay to each of its employees for each  hour  worked
 in the city of New York a wage of not less than:
   $11.00 per hour on and after December 31, 2016,
   $13.00 per hour on and after December 31, 2017,
   $15.00 per hour on and after December 31, 2018,
   AND  ON  EACH FOLLOWING DECEMBER THIRTY-FIRST, A WAGE PUBLISHED BY THE
 COMMISSIONER ON OR BEFORE OCTOBER FIRST, BASED ON THE THEN CURRENT MINI-
 MUM WAGE INCREASED BY THE LESSER OF THREE AND ONE-HALF PERCENT  AND  THE
 RATE  OF  INFLATION,  IF  GREATER  THAN ZERO, FOR THE MOST RECENT TWELVE
 MONTH PERIOD ENDING JUNE OF THAT YEAR BASED ON THE CONSUMER PRICE  INDEX
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD17496-02-0

 S. 9085                             2
 
 FOR  ALL  URBAN  CONSUMERS ON A NATIONAL AND SEASONALLY UNADJUSTED BASIS
 (CPI-U), OR A SUCCESSOR INDEX AS CALCULATED BY THE UNITED STATES DEPART-
 MENT OF LABOR, 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.
   (ii) Small employers. Every employer of ten or  less  employees  shall
 pay  to  each  of  its employees for each hour worked in the city of New
 York a wage of not less than:
   $10.50 per hour on and after December 31, 2016,
   $12.00 per hour on and after December 31, 2017,
   $13.50 per hour on and after December 31, 2018,
   $15.00 per hour on and after December 31, 2019,
   AND ON EACH FOLLOWING DECEMBER THIRTY-FIRST, A WAGE PUBLISHED  BY  THE
 COMMISSIONER ON OR BEFORE OCTOBER FIRST, BASED ON THE THEN CURRENT MINI-
 MUM  WAGE  INCREASED BY THE LESSER OF THREE AND ONE-HALF PERCENT AND THE
 RATE OF INFLATION, IF GREATER THAN ZERO,  FOR  THE  MOST  RECENT  TWELVE
 MONTH  PERIOD ENDING JUNE OF THAT YEAR BASED ON THE CONSUMER PRICE INDEX
 FOR ALL URBAN CONSUMERS ON A NATIONAL AND  SEASONALLY  UNADJUSTED  BASIS
 (CPI-U), OR A SUCCESSOR INDEX AS CALCULATED BY THE UNITED STATES DEPART-
 MENT  OF LABOR, 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)  Remainder  of  downstate. Every employer shall pay to each of its
 employees for each hour worked in the counties of  Nassau,  Suffolk  and
 Westchester a wage not less than:
   $10.00 per hour on and after December 31, 2016,
   $11.00 per hour on and after December 31, 2017,
   $12.00 per hour on and after December 31, 2018,
   $13.00 per hour on and after December 31, 2019,
   $14.00 per hour on and after December 31, 2020,
   $15.00 per hour on and after December 31, 2021,
   AND  ON  EACH FOLLOWING DECEMBER THIRTY-FIRST, A WAGE PUBLISHED BY THE
 COMMISSIONER ON OR BEFORE OCTOBER FIRST, BASED ON THE THEN CURRENT MINI-
 MUM WAGE INCREASED BY THE LESSER OF THREE AND ONE-HALF PERCENT  AND  THE
 RATE  OF  INFLATION,  IF  GREATER  THAN ZERO, FOR THE MOST RECENT TWELVE
 MONTH PERIOD ENDING JUNE OF THAT YEAR BASED ON THE CONSUMER PRICE  INDEX
 FOR  ALL  URBAN  CONSUMERS ON A NATIONAL AND SEASONALLY UNADJUSTED BASIS
 (CPI-U), OR A SUCCESSOR INDEX AS CALCULATED BY THE UNITED STATES DEPART-
 MENT OF LABOR, 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)  Remainder  of  state.  Every  employer  shall  pay to each of its
 employees for each hour worked outside of the city of New York  and  the
 counties of Nassau, Suffolk, and Westchester, a wage of not less than:
   $9.70 on and after December 31, 2016,
   $10.40 on and after December 31, 2017,
   $11.10 on and after December 31, 2018,
   $11.80 on and after December 31, 2019,
   $12.50 on and after December 31, 2020,
   and  on  each following December thirty-first, a wage published by the
 commissioner on or before October first, based on the then current mini-
 mum wage increased by [a percentage determined by the  director  of  the
 budget in consultation with the commissioner, with the result rounded to

 S. 9085                             3

 the nearest five cents, totaling no more than fifteen dollars, where the
 percentage increase shall be based on indices including, but not limited
 to,  (i)]  THE  LESSER  OF  THREE  AND  ONE-HALF PERCENT AND the rate of
 inflation, IF GREATER THAN ZERO, for the most recent twelve month period
 ending June of that year based on the consumer price index for all urban
 consumers  on  a  national and seasonally unadjusted basis (CPI-U), or a
 successor index as calculated by the United States department of  labor,
 [(ii)  the  rate  of state personal income growth for the prior calendar
 year, or a successor index, published by the bureau of economic analysis
 of the United States department of commerce, or (iii) wage growth;]  or,
 if  greater, such other wage as may be established by federal law pursu-
 ant 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 schedules established in paragraphs (a) and  (b)  of
 this  subdivision  shall not be deemed to be the minimum wage under this
 subdivision for purposes of the calculations specified  in  subdivisions
 one and two of section five hundred twenty-seven of this chapter.
   § 2. This act shall take effect immediately.