S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4010
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 25, 2019
                                ___________
 
 Introduced  by  Sen.  AKSHAR -- 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  eliminating  the  wage
   board; and to repeal subdivision 3 of section 651 and sections 655 and
   656 of such law relating thereto

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 3 of section 651 and sections 655  and  656  of
 the labor law are REPEALED.
   § 2. Subdivisions 2 and 6 of section 652 of the labor law, subdivision
 2  as  amended  by  chapter  38 of the laws of 1990 and subdivision 6 as
 added by section 3 of part K of chapter 54 of  the  laws  of  2016,  are
 amended to read as follows:
   2.  Existing  wage  orders.  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.
   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.
   6. Notwithstanding subdivision one of  this  section,  and  [sections]
 SECTION  six  hundred  fifty-three  [and six hundred fifty-five] of this
 article, on or after January first,  two  thousand  nineteen,  and  each
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD04201-01-9

 S. 4010                             2
 
 January  first thereafter until such time as the minimum wage is fifteen
 dollars in all areas of the state, the division of budget shall  conduct
 an  analysis  of the state of the economy in each region, and the effect
 of  the  minimum  wage  increases  listed  in this section, to determine
 whether there should be a temporary suspension or delay in any scheduled
 increases.  In conducting its analysis, the  division  of  budget  shall
 consult  the  department,  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 division of budget will
 reference   well-established  economic  indexes  and  accepted  economic
 factors, including those set forth in section six hundred fifty-four  of
 this article, to justify and explain its decision.  After reviewing such
 indexes  and  factors,  the  division  shall determine whether scheduled
 increases in the minimum wage shall continue up to and including fifteen
 dollars. The division of budget will issue a report  and  recommendation
 to the commissioner, who shall take action on that report [and recommen-
 dation pursuant to section six hundred fifty-six of this article].
   §  3.  Section  653  of the labor law, as amended by chapter 14 of the
 laws of 2000, is amended to read as follows:
   § 653. Investigation of adequacy  of  wages.  [(1)]  The  commissioner
 shall  have power on his own motion to cause an investigation to be made
 of the wages being paid to persons employed in any occupation or occupa-
 tions to ascertain whether the minimum wages established  in  accordance
 with  the  provisions of this article are sufficient to provide adequate
 maintenance and to protect the health of the persons  employed  in  such
 occupation  or  occupations.  The commissioner shall, on the petition of
 fifty or more residents of the state engaged in or affected by an  occu-
 pation  or occupations sought to be investigated, cause such an investi-
 gation of such occupation or occupations to be conducted.  [If,  on  the
 basis  of information in his possession with or without such an investi-
 gation, the commissioner is of the opinion that any  substantial  number
 of persons employed in any occupation or occupations are receiving wages
 insufficient  to  provide  adequate  maintenance  and  to  protect their
 health, he shall appoint a wage board to inquire  into  and  report  and
 recommend  adequate  minimum wages and regulations for employees in such
 occupation or occupations.
   (2) 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, appoint a wage  board  to
 inquire  and  report  and recommend any changes to wage orders governing
 wages payable to food service workers. Such wage board shall  be  estab-
 lished  consistent with the provisions of subdivision one of section six
 hundred fifty-five of this article, except the  representatives  of  the
 employees  shall  be  selected upon the nomination of the state American
 Federation of Labor/Congress of Industrial Organizations; and  provided,
 further,  that  the  representatives  of the employers shall be selected
 upon the nomination of the New York State  Business  Council.  Any  wage
 order  authorizing  a  lesser  wage  than the previously and statutorily
 mandated minimum wage for such employees shall be reviewed by  the  wage
 board  to  ascertain  at  what  level  such  wage order is sufficient to
 provide adequate maintenance and to protect the health and livelihood of
 employees subject to such a wage order after a statutory increase in the
 mandated minimum wage.]
   § 4. Section 654 of the labor law, as added by chapter 619 of the laws
 of 1960, is amended to read as follows:

 S. 4010                             3
 
   § 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
 classification  of  work  performed, and the wages paid in the state for
 work of like or comparable character.
   § 5. Subdivisions 1 and 2 of section 657 of the labor law, subdivision
 1 as added by chapter 619 of the laws  of  1960  and  subdivision  2  as
 amended  by  chapter  102  of  the  laws of 1968, are amended to read as
 follows:
   1. Finality. Any minimum wage  order  and  regulation  issued  by  the
 commissioner  pursuant  to  this  article shall, unless appealed from as
 provided in this section, be final. The findings of the commissioner  as
 to  the  facts  shall  be  conclusive on any appeal from an order of the
 commissioner issued pursuant to [sections] SECTION  six  hundred  fifty-
 two[, six hundred fifty-six,] or six hundred fifty-nine.
   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
 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. 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  regu-
 lation  appealed from. The appellate jurisdiction of the board of stand-
 ards and appeals shall be exclusive and its order final except that  the
 same shall be subject to an appeal taken directly to the appellate divi-
 sion  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.
   §  6.  Section  658 of the labor law, as amended by chapter 443 of the
 laws of 1981, is amended to read as follows:
   § 658. Appeals from compliance orders. An appeal pursuant  to  section
 two  hundred  eighteen  or  two hundred nineteen of this chapter from an
 order issued by the commissioner directing compliance with any provision
 of this article or with any minimum wage order or regulation promulgated
 thereunder, shall not bring under review any minimum wage order or regu-
 lation promulgated under this article. The  provisions  of  [subdivision
 two of section six hundred fifty-seven relating to appeals from determi-
 nations  of  the board and the provisions of] subdivisions three through
 seven of section six hundred fifty-seven shall apply to an appeal from a
 compliance order.

 S. 4010                             4
 
   § 7. Section 659 of the labor law, as added by chapter 619 of the laws
 of 1960, is amended to read as follows:
   §  659.  Reconsideration  of wage orders and regulations.  [1. By wage
 board. At any time after a minimum wage order has been in effect for six
 months or more, the commissioner, on his own motion or on a petition  of
 fifty or more residents of the state engaged in or affected by the occu-
 pation or occupations to which an order is applicable, may reconvene the
 same  wage board or appoint a new wage board to recommend whether or not
 the minimum wage and regulations prescribed  by  such  order  should  be
 modified,  and  the provisions of section six hundred fifty-five through
 six hundred fifty-seven shall thereafter apply.
   2. By commissioner.] The commissioner[, without referral to  the  wage
 board,]  may,  at  any  time after public hearing, by order propose such
 modifications of or additions to any regulations as he may  deem  appro-
 priate to effectuate the purposes of this article. Notice of hearing and
 promulgation  of  any  such order shall be published [in accordance with
 the provisions contained in section six hundred fifty-six].  Such  order
 shall  be  effective  thirty days after such publication and section six
 hundred fifty-seven shall thereafter apply.
   § 8. This act shall take effect immediately.