S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6757--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                May 9, 2023
                                ___________
 
 Introduced  by  Sens.  MAYER,  RAMOS,  COMRIE, SANDERS -- read twice and
   ordered printed, and when printed to be committed to the Committee  on
   Labor  --  recommitted  to  the  Committee on Labor in accordance with
   Senate Rule 6, sec. 8 -- committee discharged, bill  amended,  ordered
   reprinted as amended and recommitted to said committee

 AN  ACT  to  amend the labor law, in relation to extending the authority
   and oversight of wage boards to include benefits  and  working  condi-
   tions and changes the reference to such boards as workers' boards
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative intent.   The legislature  finds  and  declares
 that:
   1. For significant periods in our history, employers have demonstrated
 that  they  can  partner with employees to ensure the provision of wages
 and conditions employees need to  succeed  in  their  work  and  achieve
 economic security.
   2.  In  1960,  the state adopted a minimum wage, which has served as a
 wage floor that has substantially increased well-being for many  workers
 throughout the state.
   3.  Since  its  initial  adoption,  the economy and the workforce have
 shifted and evolved in ways that require augmenting the minimum wage act
 to ensure that workers can provide for themselves and their families.
   4. Many employers have adapted to their employees' changing needs  and
 the  shifts  in the economy to provide more robust work-related benefits
 and more productive working conditions, thus  enhancing  their  workers'
 overall well-being.
   5.  However,  because  existing law does not fully reflect these needs
 and the changes in the economy and workers' lives, many  employers  find
 themselves at a competitive disadvantage when they provide such benefits
 and  working  conditions  for  their workers, and workers who are not as
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07727-02-4
 S. 6757--A                          2
              

 
 fortunate must overcome greater struggles to succeed and thrive in their
 careers and in their private lives.
   6.  The state's laws must adapt to changes in the economy and needs of
 workers, and New York's establishment of the  minimum  wage  provides  a
 framework  for  setting  additional  minimum  standards for benefits and
 working conditions that can reflect changes in the needs of workers.
   7. Extending the authority of wage boards under the minimum  wage  act
 to consider additional minimum standards for benefits and working condi-
 tions  will  lead to higher levels of financial stability, health, well-
 being, and satisfaction for workers, reduce the state's expenditures  on
 public benefits, and will create opportunities for employers and workers
 to  collaborate  to develop mutually beneficial strategies for workplace
 improvements and career pathways.
   § 2. Section 650 of the labor law, as amended by chapter  439  of  the
 laws of 1962, is amended to read as follows:
   §  650.  Statement  of public policy.   There are persons employed [in
 some occupations] in the state of New York at wages, WITH  BENEFITS  AND
 UNDER  WORKING  CONDITIONS insufficient to [provide adequate maintenance
 for] SUSTAIN themselves and their families. Such CONDITIONS  OF  employ-
 ment  [impairs]  IMPAIR the health, [efficiency] FINANCIAL SECURITY, and
 well-being of the persons so employed, [constitutes]  CONSTITUTE  unfair
 competition  against  other  employers  and their employees, [threatens]
 THREATEN the stability of  industry,  [reduces]  REDUCE  the  purchasing
 power  of  employees,  [and  requires]  REQUIRE, in many instances, that
 wages AND BENEFITS be supplemented by the payment of public  moneys  for
 relief  or other public and private assistance, AND RESULT IN ADDITIONAL
 BURDENS ON THE STATE AND ITS PEOPLE TO  SUPPORT  THOSE  WITH  INADEQUATE
 BENEFITS  AND  TO  COMBAT THE ILLS CAUSED BY UNACCEPTABLE WORKING CONDI-
 TIONS. Employment of persons at [these] insufficient rates of pay,  WITH
 INSUFFICIENT  BENEFITS AND UNDER UNACCEPTABLE WORKING CONDITIONS threat-
 ens the health, SAFETY and well-being of the people of  this  state  and
 injures the overall economy.
   Accordingly,  it  is the declared policy of the state of New York that
 such  conditions  be  eliminated  as  rapidly  as  practicable  [without
 substantially curtailing opportunities for employment or earning power].
 To  this  end, minimum wage, MINIMUM BENEFITS AND MINIMUM WORKING CONDI-
 TION standards shall be established and maintained.
   § 3. Subdivision 3 of section 651 of the labor law, as added by  chap-
 ter  619  of the laws of 1960, is amended and three new subdivisions 10,
 11 and 12 are added to read as follows:
   3. "Board" or ["wage]  "WORKERS'  board"  means  a  board  created  as
 provided in this article.
   10. "BENEFITS" MEANS COMPENSATION OTHER THAN WAGES AND SALARY, INCLUD-
 ING  BUT  NOT  LIMITED  TO HEALTH CARE BENEFITS, PAID FAMILY LEAVE, SICK
 LEAVE, CHILDCARE AND RETIREMENT BENEFITS, OR IN  THE  CASE  OF  BENEFITS
 THAT  WOULD OTHERWISE BE SUBJECT TO THE EMPLOYEE RETIREMENT INCOME SECU-
 RITY ACT OF 1974, AS AMENDED, THEIR CASH EQUIVALENT.
   11. "WORKING CONDITIONS" MEANS  ESTABLISHMENT  OF  WORKING  HOURS  AND
 PROTECTION OF THE SAFETY AND HEALTH OF WORKERS, AND PROMOTION OF EMPLOY-
 EES' PARTICIPATION IN THE DECISIONS AFFECTING THEIR WORK.
   12.  "ELIGIBLE  REPRESENTATIVE"  MEANS  AN ORGANIZATION OR ASSOCIATION
 ELIGIBLE TO REPRESENT EMPLOYEES IN A  GIVEN  OCCUPATION  OR  OCCUPATIONS
 THROUGH A WORKERS' BOARD.  SUCH AN ORGANIZATION OR ASSOCIATION IS ELIGI-
 BLE IF IT:
   (A)  IS  NOT  AN  EMPLOYER,  EMPLOYMENT AGENCY, REFERRAL AGENCY, OR AN
 AGENT THEREOF;
 S. 6757--A                          3
 
   (B) HAS A CONFLICT OF INTEREST POLICY PROHIBITING THE PARTICIPATION OF
 ANY INDIVIDUAL IN A DECISION-MAKING ROLE IF THE INDIVIDUAL PAYS  EMPLOY-
 EES  TO COMPLETE SERVICES IN THE OCCUPATION OR OCCUPATIONS FOR WHICH THE
 ORGANIZATION IS SEEKING REPRESENTATION RIGHTS;
   (C)  MEETS  THE  REQUIREMENTS  OF SUBDIVISION (3), (4), (5), OR (6) OF
 SECTION 501 (C) OF TITLE 26 OF THE  INTERNAL  REVENUE  CODE  AND  IS  AN
 ORGANIZATION OR ASSOCIATION THAT EXISTS FOR THE BETTERMENT OF EMPLOYEES;
   (D) ENGAGES IN PUBLIC ADVOCACY TO PROMOTE THE HEALTH AND WELL-BEING OF
 EMPLOYEES;
   (E) HAS A GOVERNING STRUCTURE THAT PROMOTES EMPLOYEES' DECISION-MAKING
 POWER; AND
   (F)  REPRESENTS AT LEAST THE LESSER OF ONE-HALF PERCENT OF THE EMPLOY-
 EES IN THE GIVEN OCCUPATION OR OCCUPATIONS  OR  SECTOR  OR  SECTORS,  AS
 APPLICABLE,  OR ONE HUNDRED EMPLOYEES IN THE GIVEN OCCUPATION OR OCCUPA-
 TIONS OR SECTOR OR SECTORS, AS APPLICABLE.
   § 4. 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, BENEFITS AND WORKING CONDI-
 TIONS.  [(1)]  1. The commissioner shall have power on [his] THE COMMIS-
 SIONER'S own motion to cause an investigation to be made  of  the  wages
 being  paid,  BENEFITS  BEING  PROVIDED,  AND  WORKING  CONDITIONS BEING
 PROVIDED to persons employed in any  occupation  or  occupations  ON  AN
 OCCUPATION-SPECIFIC  BASIS  OR SECTOR-SPECIFIC BASIS, BUT IS NOT LIMITED
 TO INVESTIGATIONS WITHIN ANY PARTICULAR OCCUPATION, SECTOR  OR  INDUSTRY
 to  ascertain  whether  the minimum wages established in accordance with
 the provisions of this article, AND  THE  BENEFITS  BEING  PROVIDED  AND
 WORKING  CONDITIONS  BEING  PROVIDED  are sufficient to provide adequate
 maintenance and to protect the health  AND  WELL-BEING  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  occupation  or  occupations sought to be investigated,
 cause such an investigation of such  occupation  or  occupations  to  be
 conducted.  [If,  on  the basis of information in his possession with or
 without such an investigation, the commissioner is of the opinion  that]
 THE COMMISSIONER SHALL PUBLISH NOTICE ON THE DEPARTMENT'S WEBSITE OF ANY
 PETITION  OF FIFTY OR MORE RESIDENTS OF THE STATE ENGAGED IN OR AFFECTED
 BY AN OCCUPATION OR OCCUPATIONS WITH RESPECT TO WAGES BEING PAID,  BENE-
 FITS  BEING  PROVIDED,  AND  WORKING CONDITIONS BEING PROVIDED THAT SUCH
 PETITION HAS BEEN RECEIVED AND THAT AN INVESTIGATION SHALL BE CONDUCTED.
 THE NOTICE SHALL PROVIDE INFORMATION ON  THE  STATUS  OF  SUCH  INVESTI-
 GATION,  A  DESCRIPTION OF THE INVESTIGATION'S PURPOSE, AND THE EXPECTED
 DATE OF THE COMPLETION OF SUCH INVESTIGATION. THE INVESTIGATION SHALL BE
 CONDUCTED IN A TIMELY MANNER NOT TO EXCEED THIRTY DAYS. IF SUCH INVESTI-
 GATION FINDS EVIDENCE THAT any substantial number of persons employed in
 any occupation or occupations are receiving wages AND BENEFITS OR  WORK-
 ING  UNDER  CONDITIONS  insufficient  to  [provide adequate maintenance]
 SUSTAIN THEM and to protect  their  health[,  he]  AND  WELL-BEING,  THE
 COMMISSIONER  shall  appoint a [wage] WORKERS' board to inquire into and
 report and recommend  adequate  minimum  wages,  BENEFITS,  AND  WORKING
 CONDITIONS  and  regulations for employees in such occupation or occupa-
 tions.
   [(2)] 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] WORKERS'
 board  to inquire [and], report and recommend any changes to wage orders
 governing wages payable to food service workers.  Such  [wage]  WORKERS'
 S. 6757--A                          4

 board shall be established consistent with the provisions of subdivision
 one of section six hundred fifty-five of this article, except the repre-
 sentatives 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] NO SUCH WAGE ORDER MAY AUTHORIZE 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].
   3. IN ADDITION TO THE COMMISSIONER'S POWER TO APPOINT A WORKERS' BOARD
 PURSUANT  TO SUBDIVISION ONE OF THIS SECTION, THE LEGISLATURE SHALL HAVE
 THE POWER, BY JOINT RESOLUTION, TO DIRECT THE COMMISSIONER TO APPOINT  A
 WORKERS' BOARD WITH RESPECT TO ONE OR MORE OCCUPATIONS.
   § 5. The labor law is amended by adding a new section 653-a to read as
 follows:
   § 653-A. WORKERS' BOARD DUTIES. A WORKERS' BOARD SHALL:
   1. EVALUATE AND MAKE FINDINGS REGARDING FACTORS THAT MAY CONTRIBUTE TO
 WHY  A SUBSTANTIAL NUMBER OF PERSONS EMPLOYED IN THE RELEVANT OCCUPATION
 OR OCCUPATIONS IS RECEIVING INSUFFICIENT WAGES AND BENEFITS  OR  WORKING
 UNDER  CONDITIONS  INSUFFICIENT  TO PROTECT THEIR HEALTH AND WELL-BEING;
 AND
   2. MAKE RECOMMENDATIONS REGARDING:
   (A) COMPENSATION STANDARDS, INCLUDING BUT NOT LIMITED TO MINIMUM  WAGE
 RATE INCREASES;
   (B)  MINIMUM  BENEFITS,  AND THE PROVISION THEREOF, PROVIDED THAT SUCH
 RECOMMENDATIONS SHALL INCLUDE AN OPTION TO PROVIDE THE  CASH  EQUIVALENT
 OF  ANY BENEFITS THAT WOULD OTHERWISE BE SUBJECT TO THE EMPLOYEE RETIRE-
 MENT INCOME SECURITY ACT OF 1974, AS AMENDED;
   (C) MINIMUM WORKING CONDITIONS; AND
   (D) REGULATIONS APPROPRIATE TO CARRY OUT THE PURPOSES OF THIS  ARTICLE
 AND  TO  SAFEGUARD  MINIMUM  WAGES, MINIMUM BENEFITS AND MINIMUM WORKING
 CONDITIONS; AND
   3. CONDUCT ITS INQUIRIES  IN  A  MANNER  THAT  ENCOURAGES  ENGAGEMENT,
 DISCUSSION, NEGOTIATION, AND AGREEMENT BETWEEN EMPLOYERS AND EMPLOYEES.
   § 6. 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, MINIMUM BENEFITS, AND MINIMUM
 WORKING  CONDITIONS.    In establishing minimum wages, MINIMUM BENEFITS,
 AND MINIMUM WORKING CONDITIONS and regulations  for  any  occupation  or
 occupations  AND ANY SECTOR OR SECTORS pursuant to the provisions of the
 following sections of this article, the [wage] WORKERS'  board  and  the
 commissioner  shall  consider  the  [amount] WAGES, BENEFITS AND WORKING
 CONDITIONS sufficient to provide adequate  maintenance  and  to  protect
 health  AND  WELL-BEING  and, in addition, the [wage] WORKERS' board and
 the commissioner shall consider the value of the work or  classification
 of  work  performed,  and  the wages paid, BENEFITS PROVIDED AND WORKING
 CONDITIONS PROVIDED in the state for work of like or comparable  charac-
 ter.
   § 7. Section 655 of the labor law, as added by chapter 619 of the laws
 of  1960,  subdivision  1  as amended by chapter 55 of the laws of 1992,
 paragraph (a) of subdivision 5 as amended by chapter 439 of the laws  of
 1962,  and paragraphs (b) and (c) of subdivision 5 as amended by chapter
 747 of the laws of 1978, is amended to read as follows:
 S. 6757--A                          5

   § 655. [Wage] WORKERS' board COMPOSITION; POWERS;  procedure;  report;
 RECOMMENDATIONS.   1. [Wage] WORKERS' board COMPOSITION.  A [wage] WORK-
 ERS' board shall be composed of [not  more  than]  THE  COMMISSIONER  OR
 THEIR DESIGNEE, THE HEAD OF THE RELEVANT AGENCY OR THEIR DESIGNEE, three
 representatives  of  employers,  an  equal  number of ELIGIBLE represen-
 tatives of employees and [an equal number of] TWO persons selected  from
 the  general public[.  The commissioner shall appoint the members of the
 board, the], EACH OF WHOM SHALL BE APPOINTED BY THE COMMISSIONER.
   (A) THE representatives of the employers [and employees to]  SHALL  be
 selected  so  far as practicable from nominations submitted by employers
 [and employees] in such occupation or occupations.
   (B) THE REPRESENTATIVES OF  THE  EMPLOYEES  SHALL  BE  SELECTED  AMONG
 ELIGIBLE  REPRESENTATIVES  INDICATING  AN INTEREST IN SO SERVING.  WHERE
 MULTIPLE ELIGIBLE REPRESENTATIVES HAVE INDICATED INTEREST IN SERVING  ON
 A  WORKERS'  BOARD,  THE ELIGIBLE REPRESENTATIVES MOST REPRESENTATIVE OF
 AFFECTED EMPLOYEES SHALL BE SELECTED. IN CASES WHERE THERE ARE  NOT  YET
 ANY  ORGANIZATIONS OR ASSOCIATIONS THAT CAN DEMONSTRATE THEY REPRESENT A
 SUFFICIENT NUMBER OF EMPLOYEES IN THE OCCUPATION OR OCCUPATIONS TO QUAL-
 IFY AS AN ELIGIBLE REPRESENTATIVE, APPOINTMENTS SHALL BE MADE  FROM  THE
 ORGANIZATIONS MOST LIKELY TO REPRESENT THE INTERESTS OF SUCH EMPLOYEES.
   (C)  THE  MEMBERS OF THE GENERAL PUBLIC SHALL BE REPRESENTATIVE OF THE
 GEOGRAPHIC, RACIAL, AND ETHNIC DIVERSITY OF THE  STATE  AND  SHALL  HAVE
 SIGNIFICANT EXPERIENCE IN LABOR MATTERS OR THE OCCUPATION OR OCCUPATIONS
 IN QUESTION.
   (D)  The  commissioner  shall  designate  as  the  chairman one of the
 members selected from the general public.
   (E) The members of the board shall  not  receive  a  salary  or  other
 compensation, but shall be paid actual and necessary traveling AND OTHER
 expenses [while engaged] INCURRED in the performance of their duties.
   (F)  MEMBERS  SHALL  SERVE  FIVE YEAR TERMS UNLESS THEY RESIGN, BECOME
 DECEASED OR OTHERWISE UNABLE TO PERFORM THE FUNCTIONS OF  THE  POSITION,
 OR ARE REMOVED BY THE COMMISSIONER FOR GOOD CAUSE SHOWN.
   (G)  VACANCIES  ON  THE  BOARD  SHALL  BE FILLED IN THE SAME MANNER AS
 PROVIDED FOR IN PARAGRAPHS (A), (B), AND (C) OF THIS SUBDIVISION.
   2. [Organization. The chairman of the board is authorized to  delegate
 to  a  panel  of  the  members, composed of an equal number of employer,
 employee and public members, any or all of the powers  which  the  board
 itself may exercise, except as otherwise provided in subdivision four of
 this  section.]  QUORUM. Two-thirds of the members of the board [or of a
 panel, as the case may be,] shall constitute a quorum. [The commissioner
 may from time to time formulate rules governing the manner in which  the
 wage board shall function and perform its duties under this article.]
   3.  Powers.  (A) The [wage] WORKERS' board shall have power to conduct
 public hearings. ANY SUCH PUBLIC HEARINGS SHALL:
   (I) BE HELD AT SUCH A TIME, IN SUCH A LOCATION, AND IN SUCH A FACILITY
 THAT ENSURES ACCESSIBILITY FOR EMPLOYEES;
   (II) INCLUDE INTERPRETATION  SERVICES  IN  THE  EIGHT  LANGUAGES  MOST
 COMMONLY  SPOKEN  BY EMPLOYEES IN THE RELEVANT OCCUPATION OR OCCUPATIONS
 IN THE GEOGRAPHIC REGION OF THE HEARING;
   (III) BE HELD IN EACH OF THE REGIONS SERVED BY THE REGIONAL OFFICES OF
 THE DEPARTMENT IN WHICH THE RELEVANT OCCUPATION OR  OCCUPATIONS  EXISTS;
 AND
   (IV)  INCLUDE  EMPLOYEE ORGANIZATIONS IN HELPING TO POPULATE THE HEAR-
 INGS.
   (B) The board may also consult with employers and employees, and their
 respective representatives, in the occupation or  occupations  involved,
 S. 6757--A                          6
 
 and  with  such  other  persons, including the commissioner, as it shall
 determine.
   (C) The board shall also have power to administer oaths and to require
 by   subpoena  the  attendance  and  testimony  of  witnesses,  and  the
 production of all books, records, and other  evidence  relative  to  any
 matters  under inquiry. Such subpoenas shall be signed and issued by the
 chairman of the board, or any other public member, and shall  be  served
 and  have  the  same  effect  as if issued out of the supreme court. The
 board shall have power to cause depositions of witnesses residing within
 or without the state to be taken in the manner prescribed for like depo-
 sitions in civil actions in the supreme court. The board  shall  not  be
 bound by common law or statutory rules of procedure or evidence.
   4.  Report.  (A) Within [forty-five] NINETY days of the appointment of
 the [wage] WORKERS' board to inquire into  wages,  BENEFITS  OR  WORKING
 CONDITIONS  in  any occupation or occupations, the board shall [(a)] (I)
 conduct public hearings IN ACCORDANCE WITH PARAGRAPH (A) OF  SUBDIVISION
 THREE  OF  THIS  SECTION  and  [(b)]  (II)  submit to the commissioner a
 report, including its recommendations as to minimum wages, MINIMUM BENE-
 FITS, AND MINIMUM WORKING CONDITIONS and regulations for  the  employees
 in  such  occupation  or  occupations AS REQUIRED BY SECTION SIX HUNDRED
 FIFTY-THREE-A OF THIS ARTICLE. The report  and  recommendations  of  the
 board  shall  be submitted only after a 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.
   (B) EVERY THREE YEARS AFTER THE INITIAL APPOINTMENT  OF  THE  WORKERS'
 BOARD,  THE  BOARD  SHALL SUBMIT TO THE COMMISSIONER A SUBSEQUENT REPORT
 CONFORMING TO THE REQUIREMENTS OF PARAGRAPH (A) OF THIS SUBDIVISION.
   5. Minimum wage,  MINIMUM  BENEFITS  AND  MINIMUM  WORKING  CONDITIONS
 recommendations.  (a)  The  minimum  wage,  MINIMUM BENEFITS AND MINIMUM
 WORKING CONDITIONS recommended by the [wage] WORKERS' board shall not be
 [in excess of an  amount]  LESS  THAN  WHAT  IS  sufficient  to  provide
 adequate  maintenance  and  to  protect the health AND WELL-BEING of the
 employees. In no event, however, shall any minimum wage  recommended  by
 the  board be less than the wage specified in section six hundred fifty-
 two of this  [chapter]  ARTICLE,  except  [(1)  as  expressly  otherwise
 provided  in paragraph (c) of this subdivision, and (2)] where the board
 finds conditions of employment are  such  as  to  make  an  hourly  rate
 impracticable,  in which event the board may recommend a wage rate other
 than an hourly rate, provided that such recommended rate carries out the
 purposes of this article and safeguards the minimum  wage  specified  in
 section  six  hundred fifty-two of this [chapter] ARTICLE. The board may
 classify [employments] EMPLOYMENT in any  occupation  according  to  the
 nature  of  the work rendered and recommend minimum wages, MINIMUM BENE-
 FITS AND MINIMUM WORKING CONDITIONS in accordance with such  classifica-
 tion.  The  board  may  also recommend [a] minimum [wage] WAGES, MINIMUM
 BENEFITS AND MINIMUM WORKING CONDITIONS varying with localities  if,  in
 the judgment of the board, conditions make such variation appropriate.
   (b) In addition to recommendations for minimum wages, the [wage] WORK-
 ERS'  board  may  recommend  such regulations as it deems appropriate to
 carry out the purposes of this article and [to safeguard minimum wages].
 Such recommended regulations may include regulations defining the exclu-
 sions from the term "employee" set forth in subdivision five of  section
 six  hundred fifty-one OF THIS ARTICLE. Such recommended regulations may
 S. 6757--A                          7

 also include, but are not limited to, regulations governing piece rates,
 incentives, and commissions in relation to time rates; overtime or part-
 time rates; waiting time and call-in pay  rates;  wage  rate  provisions
 governing  split shift, excessive spread of hours and weekly guarantees;
 and allowances for gratuities and, when furnished  by  the  employer  to
 [his]  THE  EMPLOYER'S  employees, for meals, lodging, apparel and other
 such items, services and facilities.
   [(c) The wage board may also recommend, to  the  extent  necessary  in
 order  to  prevent  curtailment  of  opportunities for employment, regu-
 lations for (1)  the  employment  of  learners  and  apprentices,  under
 special  certificates  issued  by  the commissioner, at such wages lower
 than the minimum wage established by this article and  subject  to  such
 limitations  as  to  time,  number,  proportion and length of service as
 shall be prescribed in such regulation, (2) the employment  of  individ-
 uals  whose  earning capacity is affected or impaired by youth or age or
 by physical or mental deficiency or injury, under  special  certificates
 issued  by  the  commissioner, at such wages lower than the minimum wage
 established by this article and for such period as shall  be  prescribed
 in  such  regulation,  (3)  the  establishment of a period not extending
 beyond seventeen consecutive weeks during which a resort hotel  or  camp
 may employ students under special certificates issued by the commission-
 er,  at such wages lower than the minimum wage established by this arti-
 cle as shall be prescribed in such regulation, and (4) the employment of
 residential employees in a non-profit making  religious,  charitable  or
 educational organization or in a non-profit making college or university
 sorority  or fraternity under special certificates issued by the commis-
 sioner at such weekly wage as shall be prescribed in such regulation.]
   § 8. 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] WORKERS' board report.  When
 the  [wage] WORKERS' board submits its report and recommendations to the
 commissioner, the commissioner shall forthwith file them with the secre-
 tary of the department. Within five days of their receipt,  the  commis-
 sioner  shall publish a notice of such filing in at least ten newspapers
 of general circulation 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] THE COMMISSIONER
 deems it appropriate, order oral  argument,  which  shall  be  scheduled
 before the commissioner, or such representative as [he] THE COMMISSIONER
 may  designate,  on  five  days'  notice  to  the persons who have filed
 objections to the report and recommendations. Whether or not oral  argu-
 ment  is scheduled, the commissioner shall by order accept or reject the
 board's report and recommendations within forty-five days  after  filing
 with the secretary of the department, PROVIDED THAT THE COMMISSIONER MAY
 ONLY  REJECT  THE BOARD'S REPORT AND RECOMMENDATIONS IF THE COMMISSIONER
 FINDS NO SUBSTANTIAL EVIDENCE  TO  SUPPORT  SUCH  RECOMMENDATIONS.  [The
 commissioner may by such order] IN INDUSTRIES THAT THE DEPARTMENT DETER-
 MINES  RELY  PREDOMINANTLY  ON THE APPROPRIATION OF PUBLIC FUNDS, IF THE
 COST OF SUCH RECOMMENDATION EXCEEDS EXISTING APPROPRIATIONS, THE COMMIS-
 SIONER MAY MAKE ACCEPTANCE OF A SPECIFIC RECOMMENDATION CONTINGENT  UPON
 A  SUBSEQUENT APPROPRIATION OR modify the regulations recommended by the
 board, PROVIDED THAT SUCH MODIFICATIONS DO NOT HAVE THE EFFECT OF REDUC-
 ING THE MINIMUM WAGE, MINIMUM BENEFITS AND  MINIMUM  WORKING  CONDITIONS
 REQUIRED UNDER EXISTING RULES OR REGULATIONS.  IF A SPECIFIC RECOMMENDA-
 TION IS REJECTED BECAUSE OF INSUFFICIENT APPROPRIATIONS, THE COMMISSION-
 ER  SHALL  CONSULT  WITH  THE  COMMISSIONER  OR DIRECTOR OF THE RELEVANT
 S. 6757--A                          8
 
 DEPARTMENT OR AGENCY TO REQUEST SUCH APPROPRIATION. 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.] THE PROVISIONS OF THIS ARTICLE SHALL IN NO WAY RESTRICT ANY
 COUNTY  OR  MUNICIPALITY FROM ENACTING LAWS OR REGULATIONS WHICH PROVIDE
 FOR MINIMUM WAGES, MINIMUM BENEFITS, OR MINIMUM WORKING CONDITIONS WHICH
 ARE MORE FAVORABLE THAN THOSE PROVIDED PURSUANT TO ANY  ORDER  OR  REGU-
 LATION ISSUED BY THE COMMISSIONER UNDER THIS ARTICLE, NOR SHALL ANY SUCH
 ENACTED LAWS OR REGULATIONS BE PREEMPTED BY THE PROVISIONS OF THIS ARTI-
 CLE.
   § 9. The labor law is amended by adding a new section 656-a to read as
 follows:
   §  656-A.  MODIFICATIONS  WITHOUT WORKERS' BOARD DETERMINATIONS. IF AN
 ESTABLISHED WORKERS' BOARD  FAILS  TO  MAKE  DETERMINATIONS  UNDER  THIS
 SECTION  WITHIN  ANY THREE-YEAR PERIOD AS REQUIRED PURSUANT TO PARAGRAPH
 (B) OF SUBDIVISION FOUR OF SECTION SIX HUNDRED FIFTY-FIVE OF THIS  ARTI-
 CLE,  THE MINIMUM WAGES AND, TO THE EXTENT APPLICABLE, MINIMUM BENEFITS,
 FOR THE OCCUPATION OR OCCUPATIONS IN QUESTION SHALL BE  INCREASED  IN  A
 MANNER  WHICH  CORRESPONDS  TO THE RATE OF INFLATION 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, OR A SUCCESSOR  INDEX  AS  CALCULATED  BY  THE  UNITED
 STATES  DEPARTMENT  OF   LABOR.   SUCH INCREASE SHALL TAKE EFFECT ON THE
 DATE WHICH IS ONE YEAR AFTER THE END OF SUCH THREE-YEAR PERIOD AND SHALL
 ACCOUNT FOR AGGREGATE INFLATION OVER THE FOUR YEARS PRIOR TO SUCH DATE.
   § 10. Section 657 of the labor law, as added by  chapter  619  of  the
 laws  of  1960,  subdivision  2 as amended by chapter 102 of the laws of
 1968 and subdivision 5 as amended by chapter 310 of the laws of 1962, is
 amended to read as follows:
   § 657. Appeals from [wage] orders and regulations.   1. Finality.  Any
 minimum  wage,  MINIMUM BENEFITS OR MINIMUM WORKING CONDITIONS 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
 OF THIS ARTICLE.
   2. Review by board of standards and appeals. Any person  in  interest,
 including  a  labor  organization,  ELIGIBLE  REPRESENTATIVE or employer
 association, in any occupation for which a minimum wage,  MINIMUM  BENE-
 FITS  OR  MINIMUM WORKING CONDITIONS order or regulation has been issued
 under the provisions of this article who is aggrieved by such  order  or
 regulation  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 AND
 THE WORKERS' BOARD ISSUING THE REPORT AND RECOMMENDATIONS FROM WHICH THE
 APPLICABLE ORDER OR REGULATION AROSE. On such appeal,  the  commissioner
 shall  certify  and file with the board of standards and appeals a tran-
 script of the entire record, including the testimony and  evidence  upon
 which  such  order  or  regulation was made and the report of the [wage]
 S. 6757--A                          9
 
 WORKERS' 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 regulation
 appealed from. The appellate jurisdiction of the board of standards  and
 appeals  shall  be  exclusive  and  its order final except that the same
 shall be subject to an appeal taken directly to the  appellate  division
 of the supreme court, third judicial department, within sixty days after
 its  order is issued. The commissioner AND THE WORKERS' BOARD shall EACH
 be considered an aggrieved party entitled to  take  an  appeal  from  an
 order of the board of standards and appeals.
   3.  Security.  The  taking of an appeal by an employer to the board of
 standards and appeals SHALL IN NO EVENT OPERATE AS A STAY OF  A  MINIMUM
 WORKING  CONDITIONS  ORDER  OR  REGULATION ISSUED UNDER THIS ARTICLE AND
 shall not operate as a stay of a minimum wage OR MINIMUM BENEFITS  order
 or  regulation  issued  under this article unless and until, and only so
 long as, the employer shall have provided  security  determined  by  the
 board  of  standards  and  appeals  in accordance with this section. The
 security shall be sufficient to guarantee to the employees affected  the
 payment  of  the  difference  between the wage AND THE CASH VALUE OF THE
 BENEFITS they receive and the minimum wage AND THE  CASH  VALUE  OF  THE
 MINIMUM  BENEFITS  they  would be entitled to receive under the terms of
 the minimum wage order,  MINIMUM  BENEFITS  ORDER  or  regulation  (such
 [difference]  DIFFERENCES  being  hereinafter  referred to as "underpay-
 ments") in the event that such order or regulation is  affirmed  by  the
 board of standards and appeals. The security shall be either:
   a.  A  bond  filed with the board of standards and appeals issued by a
 fidelity or surety company authorized to do business in this state.  The
 bond shall be sufficient to cover the amount of underpayments due at the
 time  the  bond is filed with the board of standards and appeals and the
 amount of underpayments that can reasonably be expected to accrue within
 the following sixty days; or
   b. An escrow account established by the employer  [in]  ON  behalf  of
 employees  and  deposited  in  a bank or trust company in this state, of
 which the employer has notified the board of standards  and  appeals  in
 writing  that  he OR SHE has established such account. The account shall
 be sufficient to cover the amount of underpayments due at  the  time  of
 notification  to  the  board  of standards and appeals and shall be kept
 current by the employer depositing therein the amount  of  underpayments
 accruing each and every pay period. Such deposits shall be made no later
 than  the day on which the wages for each pay period are payable.  As an
 alternative thereto, an employer may deposit the amount of underpayments
 due at the time the deposit is made and the amount of underpayments that
 can reasonably be expected to accrue within the following sixty days, as
 determined by the board of standards and  appeals.  The  employer  shall
 keep  accurate  records  showing  the  total amount of each deposit, the
 period covered, and the name and address of each employee and the amount
 deposited to his OR HER account. The employees' escrow account shall  be
 deemed to be a trust fund for the benefit of the employees affected, and
 no bank or trust company shall release funds in such account without the
 written approval of the board of standards and appeals.
   4.  Maintenance  of  security. The commissioner, at the request and on
 behalf of the board of standards and appeals, shall have  the  right  to
 inspect  the  books  and  records  of every employer who appeals from an
 S. 6757--A                         10
 
 order or who provides a security in accordance with subdivision  [eight]
 SEVEN  of  this  section.  In  the event that the board of standards and
 appeals finds that the security provided by an employer is  insufficient
 to  cover  the  amount of underpayments, it shall notify the employer to
 increase the amount of the security. If the employer fails  to  increase
 the  security  to  the  amount  requested  within  seven days after such
 notice, the stay shall be terminated. If  the  board  of  standards  and
 appeals  finds  that  the  amount of the security is excessive, it shall
 decrease the amount of security required.
   5.  Review  of  determination  as  to  security.  Notwithstanding  any
 provision  in  this chapter, any determination of the board of standards
 and appeals with reference  to  subdivisions  three  and  four  of  this
 section  shall  be reviewable only by a special proceeding under article
 seventy-eight of the civil practice law  and  rules  instituted  in  the
 supreme  court in the third judicial district within ten days after such
 determination.
   6. Security on court review. In the event that an appeal is taken from
 the order of the board of standards and appeals to the supreme court  in
 the third judicial district pursuant to subdivision two of this section,
 the  court  may continue the security in effect or require such security
 as it deems proper.
   7. [Waiver of security. Notwithstanding any provision in this section,
 the board of standards and appeals may, in  its  discretion,  waive  the
 requirement of a security for an employer who the board of standards and
 appeals  finds  is  of  such  financial  responsibility that payments to
 employees of any underpayments due or to accrue are assured without  the
 security provided by this section.
   8.] Stay for other employers. Any employer affected by a minimum wage,
 MINIMUM  BENEFITS OR MINIMUM WORKING CONDITIONS order or regulation from
 which an appeal has been taken by another employer to the board of stan-
 dards and appeals  or  to  the  supreme  court  in  the  third  judicial
 district,   may  obtain  [a]  THE  EMPLOYER'S  OWN  RESPECTIVE  stay  of
 proceedings [against him] WITH RESPECT TO MINIMUM WAGES OR MINIMUM BENE-
 FITS by providing a security in accordance with subdivisions  three  and
 four  of  this section within thirty days after the filing of the appeal
 by the other employer.
   § 11. 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, MINIMUM BENEFITS OR MINIMUM
 WORKING CONDITIONS order or regulation promulgated thereunder, shall not
 bring under review any minimum wage, MINIMUM BENEFITS OR MINIMUM WORKING
 CONDITIONS order or  regulation  promulgated  under  this  article.  The
 provisions of subdivision two of section six hundred fifty-seven OF THIS
 ARTICLE  relating  to  appeals  from determinations of the board and the
 provisions of subdivisions three through  [seven]  SIX  of  section  six
 hundred  fifty-seven  OF  THIS  ARTICLE  shall apply to an appeal from a
 compliance order.
   § 12. 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]
 WORKERS'  board.  At any time after a minimum wage, MINIMUM BENEFITS, OR
 MINIMUM WORKING CONDITIONS order has been in effect for  six  months  or
 more,  the  commissioner, on [his] THE COMMISSIONER'S own motion or on a
 S. 6757--A                         11
 
 petition of fifty or more residents of the state engaged in or  affected
 by  the  occupation  or occupations to which an order is applicable, may
 reconvene the same [wage] WORKERS' board or appoint a new  [wage]  WORK-
 ERS'  board  to recommend whether or not the minimum wage, MINIMUM BENE-
 FITS, MINIMUM WORKING CONDITIONS  and  regulations  prescribed  by  such
 order  should  be  modified,  and  the provisions of section six hundred
 fifty-five through six hundred fifty-seven OF THIS ARTICLE shall  there-
 after apply.
   2.  By  commissioner. The commissioner, without referral to the [wage]
 WORKERS' board, may, at any time after public hearing, by order  propose
 such  modifications  of  or  additions to any regulations as he may deem
 appropriate to effectuate the purposes of this article. Notice of  hear-
 ing  and promulgation of any such order shall be published in accordance
 with the provisions contained in section six hundred fifty-six  OF  THIS
 ARTICLE.   Such order shall be effective thirty days after such publica-
 tion and section six hundred fifty-seven OF THIS ARTICLE shall thereaft-
 er apply.
   3. NOTWITHSTANDING SUBDIVISIONS  ONE  AND  TWO  OF  THIS  SECTION,  NO
 MODIFICATION  MAY  BE MADE PURSUANT TO THIS SECTION WHICH HAS THE EFFECT
 OF REDUCING THE MINIMUM WAGE, REDUCING BENEFITS, MAKING  WORKING  CONDI-
 TIONS  LESS  FAVORABLE  TO  EMPLOYEES, OR AFFECTING THE REGULATIONS IN A
 MANNER THAT ADVERSELY AFFECTS EMPLOYEES OF THE APPLICABLE OCCUPATION  OR
 OCCUPATIONS  OR  SECTOR OR SECTORS WITHOUT THE UNANIMOUS APPROVAL OF THE
 WORKERS' BOARD WHICH SUBMITTED THE REPORT OUT OF WHICH AROSE THE  APPLI-
 CABLE  MINIMUM  WAGE,  MINIMUM  BENEFITS,  OR MINIMUM WORKING CONDITIONS
 ORDER.
   § 13. Section 660 of the labor law, as added by  chapter  619  of  the
 laws of 1960, is amended to read as follows:
   §  660.  Commissioner's  powers  of investigation. The commissioner or
 [his] THE COMMISSIONER'S authorized representative shall have power:
   [(a)] 1. to investigate the wages, BENEFITS AND WORKING CONDITIONS  of
 persons in any occupation in the state;
   [(b)]  2. to enter the place of business or employment of any employer
 for the purpose of [(1)] (A)   examining  and  inspecting  any  and  all
 books,  registers,  payrolls and other records that in any way relate to
 or have a bearing upon the wages paid to, [or] THE BENEFITS PROVIDED TO,
 the hours worked by, OR OTHER WORKING  CONDITIONS  FOR,  any  employees,
 [(2)]  (B)  ascertaining  whether the provisions of this article and the
 orders and regulations promulgated hereunder are  being  complied  with;
 and
   [(c)]  3. to require from any employer full and correct statements and
 reports in writing, at such times as the commissioner  may  deem  neces-
 sary,  of  the  wages paid to [and], THE BENEFITS PROVIDED TO, the hours
 worked by, AND OTHER WORKING CONDITIONS APPLICABLE TO, his employees.
   § 14. Section 661 of the labor law, as amended by chapter 564  of  the
 laws of 2010, is amended to read as follows:
   §  661.  Records of employers. For all employees covered by this arti-
 cle, every employer shall establish, maintain, and preserve for not less
 than six years contemporaneous, true, and accurate payroll records show-
 ing for each week worked the hours worked, the rate or rates of pay  and
 basis  thereof,  whether  paid  by  the  hour, shift, day, week, salary,
 piece, commission, or other basis; gross  wages;  BENEFITS;  deductions;
 allowances,  if  any, claimed as part of the minimum wage; and net wages
 for each employee, plus such other information as the commissioner deems
 material and necessary. For all employees who are not exempt from  over-
 time  compensation  as  established  in  the commissioner's minimum wage
 S. 6757--A                         12
 
 orders or otherwise provided by New York state law  or  regulation,  the
 payroll  records  must  include the regular hourly rate or rates of pay,
 the overtime rate or rates of pay, the number of regular  hours  worked,
 and  the number of overtime hours worked. For all employees paid a piece
 rate, the payroll records shall include the  applicable  piece  rate  or
 rates  of  pay  and  number  of  pieces completed at each piece rate. On
 demand, the employer shall furnish to  the  commissioner  or  [his]  THE
 COMMISSIONER'S  duly  authorized representative a sworn statement of the
 hours worked, rate or rates of pay and basis thereof,  whether  paid  by
 the  hour,  shift, day, week, salary, piece, commission, or other basis;
 gross wages; BENEFITS; deductions; and allowances, if  any,  claimed  as
 part of the minimum wage, for each employee, plus such other information
 as  the  commissioner deems material and necessary. Every employer shall
 keep such records open to inspection by the commissioner  or  [his]  THE
 COMMISSIONER'S  duly  authorized  representative at any reasonable time.
 Every employer of an employee shall keep a digest and  summary  of  this
 article  or applicable wage, BENEFITS OR WORKING CONDITIONS order, which
 shall be prepared by the commissioner, posted in a conspicuous place  in
 [his  establishment]  THE  PLACE  OR  PLACES OF WORK and shall also keep
 posted such additional copies of said digest and summary as the  commis-
 sioner prescribes. Employers shall, on request, be furnished with copies
 of  this  article  and  of orders, and of digests and summaries thereof,
 without charge. Employers shall permit the  commissioner  or  [his]  THE
 COMMISSIONER'S duly authorized representative to question without inter-
 ference any employee of such employer in a private location at the place
 of  employment  and during working hours in respect to the wages paid to
 [and], BENEFITS PROVIDED TO, the hours worked by, AND THE OTHER  WORKING
 CONDITIONS FOR, such employee or other employees.
   §  15.  Section 662 of the labor law, as amended by chapter 564 of the
 laws of 2010, is amended to read as follows:
   § 662. Penalties. 1. Failure to pay minimum wage or  overtime  compen-
 sation,   PROVIDED   MINIMUM   BENEFITS,   OR  PROVIDE  MINIMUM  WORKING
 CONDITIONS.  Any employer or his or her agent, or the officer  or  agent
 of  any corporation, partnership, or limited liability company, who pays
 or agrees to pay to any employee less than  the  wage  applicable  under
 this article, PROVIDES BENEFITS LESS THAN BENEFITS APPLICABLE UNDER THIS
 ARTICLE,  OR  WHICH SUBJECTS ANY EMPLOYEE TO WORKING CONDITIONS INFERIOR
 TO WHAT IS APPLICABLE UNDER THIS ARTICLE shall be guilty of a  misdemea-
 nor  and  upon  conviction  therefor  shall  be fined not less than five
 hundred nor more than twenty thousand dollars or imprisoned for not more
 than one year, and, in the event that any second or  subsequent  offense
 occurs  within  six years of the date of conviction for a prior offense,
 shall be guilty of a felony for the second or  subsequent  offense,  and
 upon  conviction therefor, shall be fined not less than five hundred nor
 more than twenty thousand dollars or imprisoned for not  more  than  one
 year  plus  one day, or punished by both such fine and imprisonment, for
 each such offense. Each [payment to any employee in  any  week  of  less
 than  the  wage  applicable under this article] WEEK DURING WHICH SUCH A
 VIOLATION OCCURS shall constitute  a  separate  offense  FOR  EACH  SUCH
 VIOLATION.
   2.  Failure  to keep records. Any employer or his or her agent, or the
 officer or agent of any corporation, partnership, or  limited  liability
 company, who fails to keep the records required under this article or to
 furnish  such  records or any information required to be furnished under
 this article to the commissioner or his or her authorized representative
 upon request, or who hinders or delays the commissioner or  his  or  her
 S. 6757--A                         13
 
 authorized representative in the performance of his or her duties in the
 enforcement of this article, or refuses to admit the commissioner or his
 or  her  authorized representative to any place of employment, or falsi-
 fies  any such records or refuses to make such records accessible to the
 commissioner or his or her  authorized  representative,  or  refuses  to
 furnish  a  sworn  statement  of  such  records or any other information
 required for the proper enforcement of this article to the  commissioner
 or  his or her authorized representative, shall be guilty of a misdemea-
 nor and upon conviction therefor shall  be  fined  not  less  than  five
 hundred  nor  more than five thousand dollars or imprisoned for not more
 than one year, and, in the event that any second or  subsequent  offense
 occurs  within  six years of the date of conviction for a prior offense,
 shall be guilty of a felony for the second or  subsequent  offense,  and
 upon  conviction therefor, shall be fined not less than five hundred nor
 more than twenty thousand dollars or imprisoned for not  more  than  one
 year  plus  one day, or punished by both such fine and imprisonment, for
 each such offense. Each day's failure  to  keep  the  records  requested
 under  this  article  or  to  furnish such records or information to the
 commissioner or his or her authorized representative shall constitute  a
 separate offense.
   §  16.  Section 663 of the labor law, as amended by chapter 564 of the
 laws of 2010, subdivision 3 as amended by chapter 2 of the laws of 2015,
 is amended to read as follows:
   § 663. Civil action. 1. By employee. If any employee is paid by his or
 her employer less than the wage, IS  PROVIDED  BENEFITS  LESS  THAN  THE
 MINIMUM  BENEFITS,  OR  IS SUBJECT TO WORKING CONDITIONS INFERIOR TO THE
 MINIMUM WORKING CONDITIONS, IN EACH CASE,  to  which  [he  or  she]  THE
 EMPLOYEE  is  entitled under the provisions of this article, [he or she]
 THE EMPLOYEE shall recover in a civil action  the  amount  of  any  such
 [underpayments]  UNDERPAYMENT  OF WAGES, THE MONETARY VALUE OF THE DEFI-
 CIENCY IN BENEFITS AND COMPENSATION FOR  DEFICIENCY  IN  WORKING  CONDI-
 TIONS, INCLUDING ANY DAMAGES SUFFERED AS A RESULT THEREOF, together with
 costs,  all reasonable attorney's fees, prejudgment interest as required
 under the civil practice law and rules, and unless the employer proves a
 good faith basis to believe that [its underpayment of]  SUCH  DEFICIENCY
 IN wages, BENEFITS OR WORKING CONDITIONS was in compliance with the law,
 an  additional amount as liquidated damages equal to one hundred percent
 of the total of [such underpayments] AMOUNTS OTHERWISE found to  be  due
 PURSUANT  TO  THIS  SUBDIVISION. Any agreement between the employee, and
 the employer to work for less than [such] THE  MINIMUM  wage,  FOR  LESS
 THAN THE MINIMUM BENEFITS OR WITHOUT MINIMUM WORKING CONDITIONS shall be
 no defense to such action.
   2. By commissioner. On behalf of any employee paid less than the wage,
 PROVIDED  WITH  BENEFITS  LESS  THAN THE MINIMUM BENEFITS, OR SUBJECT TO
 WORKING CONDITIONS INFERIOR TO THE MINIMUM WORKING CONDITIONS,  IN  EACH
 CASE,  to  which  the  employee is entitled under the provisions of this
 article, the commissioner may bring any legal action necessary,  includ-
 ing administrative action, to collect such claim, and the employer shall
 be  required  to  pay  the full amount of the underpayment OF WAGES, THE
 MONETARY VALUE OF THE DEFICIENCY IN BENEFITS, AND COMPENSATION FOR DEFI-
 CIENCY IN WORKING CONDITIONS, INCLUDING ANY DAMAGES SUFFERED AS A RESULT
 THEREOF, plus costs, and unless the employer proves a good  faith  basis
 to believe that [its underpayment] SUCH DEFICIENCY IN WAGES, BENEFITS OR
 WORKING  CONDITIONS was in compliance with the law, an additional amount
 as liquidated damages. Liquidated damages shall  be  calculated  by  the
 commissioner as no more than one hundred percent of the total [amount of
 S. 6757--A                         14

 underpayments]  AMOUNTS  OTHERWISE found to be due the employee PURSUANT
 TO THIS SUBDIVISION. In any action brought  by  the  commissioner  in  a
 court  of competent jurisdiction, liquidated damages shall be calculated
 as  an amount equal to one hundred percent of [underpayments] THE AGGRE-
 GATE AMOUNTS OTHERWISE found to be due the  employee  PURSUANT  TO  THIS
 SUBDIVISION.
   3.  BY  AN ELIGIBLE REPRESENTATIVE.  IF ANY EMPLOYEE IS PAID BY HIS OR
 HER EMPLOYER LESS THAN THE WAGE, IS  PROVIDED  BENEFITS  LESS  THAN  THE
 MINIMUM  BENEFITS,  OR  IS SUBJECT TO WORKING CONDITIONS INFERIOR TO THE
 MINIMUM WORKING CONDITIONS, IN EACH CASE, TO WHICH THE EMPLOYEE IS ENTI-
 TLED UNDER THE  PROVISIONS  OF  THIS   ARTICLE, ANY  ELIGIBLE  REPRESEN-
 TATIVE  OF  SUCH EMPLOYEE MAY BRING A CIVIL ACTION TO RECOVER THE AMOUNT
 OF ANY SUCH UNDERPAYMENT OF WAGES, THE MONETARY VALUE OF THE  DEFICIENCY
 IN  BENEFITS  AND  COMPENSATION  FOR  DEFICIENCY  IN WORKING CONDITIONS,
 INCLUDING ANY DAMAGES SUFFERED AS A RESULT THEREOF, TOGETHER WITH  COSTS
 ALL  REASONABLE  ATTORNEY'S FEES,   PREJUDGMENT   INTEREST  AS  REQUIRED
 UNDER  THE  CIVIL PRACTICE  LAW  AND  RULES,  AND   UNLESS THE  EMPLOYER
 PROVES  A  GOOD  FAITH  BASIS  TO BELIEVE THAT SUCH DEFICIENCY IN WAGES,
 BENEFITS OR WORKING CONDITIONS WAS IN   COMPLIANCE   WITH  THE  LAW,  AN
 ADDITIONAL AMOUNT AS LIQUIDATED DAMAGES EQUAL TO ONE HUNDRED PERCENT  OF
 THE    TOTAL    OF AMOUNTS OTHERWISE FOUND   TO  BE DUE PURSUANT TO THIS
 SUBDIVISION. ANY AGREEMENT BETWEEN THE EMPLOYEE,  AND  THE  EMPLOYER  TO
 WORK  FOR LESS THAN THE MINIMUM WAGE, FOR LESS THAN THE MINIMUM BENEFITS
 OR WITHOUT MINIMUM WORKING  CONDITIONS  SHALL  BE  NO  DEFENSE  TO  SUCH
 ACTION.
   4.  BY THE ATTORNEY GENERAL.  ON BEHALF OF ANY EMPLOYEE PAID LESS THAN
 THE MINIMUM WAGE, PROVIDED WITH BENEFITS LESS THAN THE MINIMUM BENEFITS,
 OR  SUBJECT TO WORKING CONDITIONS INFERIOR TO THE MINIMUM WORKING CONDI-
 TIONS, IN EACH CASE,  TO  WHICH  THE  EMPLOYEE  IS  ENTITLED  UNDER  THE
 PROVISIONS  OF  THIS   ARTICLE, THE  COMMISSIONER  MAY  BRING  ANY LEGAL
 ACTION  NECESSARY,   INCLUDING ADMINISTRATIVE ACTION,  TO  COLLECT  SUCH
 CLAIM, AND THE EMPLOYER SHALL BE  REQUIRED  TO  PAY  THE  FULL AMOUNT OF
 THE UNDERPAYMENT OF WAGES, THE MONETARY VALUE OF THE DEFICIENCY IN BENE-
 FITS,  AND  COMPENSATION FOR DEFICIENCY IN WORKING CONDITIONS, INCLUDING
 ANY DAMAGES SUFFERED AS A RESULT THEREOF, PLUS  COSTS,  AND  UNLESS  THE
 EMPLOYER  PROVES A   GOOD  FAITH  BASIS TO BELIEVE  THAT SUCH DEFICIENCY
 IN WAGES, BENEFITS OR WORKING CONDITIONS WAS IN COMPLIANCE WITH THE LAW,
 AN ADDITIONAL AMOUNT AS LIQUIDATED DAMAGES.  LIQUIDATED DAMAGES SHALL BE
 CALCULATED  BY  THE COMMISSIONER  AS NO MORE THAN ONE HUNDRED PERCENT OF
 THE TOTAL AMOUNTS OTHERWISE FOUND TO BE DUE  THE  EMPLOYEE  PURSUANT  TO
 THIS  SUBDIVISION.  IN ANY ACTION BROUGHT BY THE COMMISSIONER IN A COURT
 OF COMPETENT JURISDICTION,  LIQUIDATED  DAMAGES SHALL   BE    CALCULATED
 AS   AN  AMOUNT  EQUAL  TO  ONE HUNDRED PERCENT OF THE AGGREGATE AMOUNTS
 OTHERWISE FOUND TO BE DUE THE EMPLOYEE PURSUANT TO THIS SUBDIVISION.
   5. Limitation of time. Notwithstanding any other provision of law,  an
 action  to  recover  upon  a  liability  imposed by this article must be
 commenced within six years. The statute of limitations shall  be  tolled
 from the date an employee files a complaint with the commissioner or the
 commissioner  commences an investigation, whichever is earlier, until an
 order to comply issued by the commissioner becomes final, or  where  the
 commissioner  does  not  issue  an  order,  until  the date on which the
 commissioner  notifies  the  complainant  that  the  investigation   has
 concluded. Investigation by the commissioner shall not be a prerequisite
 to  nor  a bar against a person bringing a civil action under this arti-
 cle.
 S. 6757--A                         15
 
   [4.] 6. Attorneys' fees. In any civil action by an employee or by  the
 commissioner,  the  employee  or  commissioner  shall  have the right to
 collect attorneys' fees and costs incurred in enforcing any court  judg-
 ment.  Any  judgment or court order awarding remedies under this section
 shall  provide  that if any amounts remain unpaid upon the expiration of
 ninety days following issuance of judgment, or ninety days after expira-
 tion of the time to appeal and no  appeal  therefrom  is  then  pending,
 whichever  is  later,  the  total amount of judgment shall automatically
 increase by fifteen percent.
   § 17. Severability clause. If any clause, sentence, paragraph,  subdi-
 vision,  section  or  part of this act shall be adjudged by any court of
 competent jurisdiction to be invalid, such judgment  shall  not  affect,
 impair,  or  invalidate  the remainder thereof, but shall be confined in
 its operation to the clause, sentence, paragraph,  subdivision,  section
 or part thereof directly involved in the controversy in which such judg-
 ment shall have been rendered. It is hereby declared to be the intent of
 the  legislature  that  this  act  would  have been enacted even if such
 invalid provisions had not been included herein.
   § 18. This act shall take effect one year after it shall have become a
 law.