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.