The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5063
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 10, 2021
                                ___________
 
 Introduced  by  M.  of  A. PALMESANO, BARCLAY, GOODELL, BRABENEC, BYRNE,
   DiPIETRO, J. M. GIGLIO, MANKTELOW, MORINELLO, SALKA, TAGUE  --  Multi-
   Sponsored  by -- M. of A. BLANKENBUSH, BYRNES, DeSTEFANO, FITZPATRICK,
   FRIEND, HAWLEY, LALOR, McDONOUGH, B. MILLER, M. MILLER, MONTESANO, RA,
   REILLY, WALSH -- 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.
                                                            LBD08014-01-1

 A. 5063                             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.