S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7111
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 22, 2021
                                ___________
 
 Introduced  by M. of A. BRONSON -- read once and referred to the Commit-
   tee on Labor
 
 AN ACT to amend the labor law, in relation to raising the  minimum  wage
   annually  by  a  percentage which is based on inflation; and to repeal
   subdivision 6 of section 652 of the labor law relating thereto

   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,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06653-02-1
              

 A. 7111                             2
 
   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 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, 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 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, 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 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, 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-

 A. 7111                             3
 
 mum  wage  increased  by  a percentage determined by the director of the
 budget in consultation with the commissioner, with the result rounded to
 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 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 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.  AFTER AMOUNTING TO FIFTEEN DOLLARS, THE UPSTATE  MINI-
 MUM  WAGE  SHALL INCREASE EACH DECEMBER THIRTY-FIRST BY A WAGE PUBLISHED
 BY THE COMMISSIONER ON OR  BEFORE  OCTOBER  FIRST,  BASED  ON  THE  THEN
 CURRENT MINIMUM WAGE INCREASED BY 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 CALCU-
 LATED BY THE UNITED STATES DEPARTMENT 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.
   (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. Subdivision 6 of section 652 of the labor law is REPEALED.
   § 3. This act shall take effect immediately.