S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2203
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 24, 2023
                                ___________
 
 Introduced by M. of A. JOYNER, BRONSON, DINOWITZ, HEVESI, COLTON, GIBBS,
   L. ROSENTHAL, DICKENS, ARDILA, BORES, EPSTEIN, GONZALEZ-ROJAS, KELLES,
   MAMDANI,  RAGA, SHRESTHA -- read once and referred to the Committee 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  pursu-
 ant 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.
                                                            LBD06860-01-3
              

 A. 2203                             2
 
   $17.25 ON AND AFTER JANUARY 1, 2025,
   $19.25 ON AND AFTER JANUARY 1, 2026,
   $21.25  ON  AND AFTER JANUARY 1, 2027, 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, 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,
   $17.25 ON AND AFTER JANUARY 1, 2025,
   $19.25 ON AND AFTER JANUARY 1, 2026,
   $21.25 ON AND AFTER JANUARY 1, 2027, 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,
   $14.20 ON AND AFTER JANUARY 1, 2024,
   $16.00 ON AND AFTER JANUARY 1, 2025,
   $18.00 ON AND AFTER JANUARY 1, 2026,
   $20.00 ON AND AFTER JANUARY 1, 2027,
   [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  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 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,
 A. 2203                             3
 
 if  greater, such other wage as may be established by federal law pursu-
 ant 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) ANNUAL INCREASES. ON JANUARY FIRST, TWO THOUSAND TWENTY-EIGHT, AND
 ON  EACH FOLLOWING JANUARY FIRST, THE WAGES SET FORTH IN PARAGRAPHS (A),
 (B) AND (C) OF THIS SUBDIVISION  AND  ANY  OTHER  WAGES  ESTABLISHED  IN
 ACCORDANCE  WITH  THE  PROVISIONS  OF  THIS CHAPTER AND SET FORTH IN ANY
 MINIMUM WAGE ORDER, SHALL BE THE WAGES  PUBLISHED  BY  THE  COMMISSIONER
 PURSUANT TO THIS PARAGRAPH. THE COMMISSIONER SHALL PUBLISH SUCH WAGES ON
 OR  BEFORE  OCTOBER  FIRST,  TWO THOUSAND TWENTY-SEVEN, AND ON OR BEFORE
 EACH FOLLOWING OCTOBER FIRST. THE  COMMISSIONER  SHALL  BASE  EACH  SUCH
 PUBLISHED  WAGE  ON  EACH THEN CURRENT WAGE INCREASED BY THE SUM OF: (1)
 THE RATE OF INFLATION, IF GREATER THAN ZERO, AS MEASURED BY  THE  CHANGE
 IN  THE  CONSUMER  PRICE  INDEX  FOR ALL URBAN WAGE EARNERS AND CLERICAL
 WORKERS ON A NATIONAL AND SEASONALLY  UNADJUSTED  BASIS  (CPI-W),  OR  A
 SUCCESSOR INDEX, AS CALCULATED BY THE UNITED STATES DEPARTMENT OF LABOR;
 AND  (2) LABOR PRODUCTIVITY GROWTH, IF GREATER THAN ZERO, AS MEASURED BY
 THE CHANGE IN THE AVERAGE QUARTERLY INDEX FOR THE FOUR QUARTERS  THROUGH
 THE  SECOND QUARTER OF THE CURRENT YEAR DIVIDED BY THE AVERAGE QUARTERLY
 INDEX FOR THE FOUR QUARTERS THROUGH THE SECOND QUARTER OF THE  PRECEDING
 YEAR  IN  NATIONAL  LABOR PRODUCTIVITY (OUTPUT PER HOUR) OF ALL EMPLOYED
 PERSONS IN THE NONFARM BUSINESS SECTOR, OR A SUCCESSOR INDEX, AS  CALCU-
 LATED  BY THE UNITED STATES DEPARTMENT OF LABOR, WITH THE SUM ROUNDED TO
 THE NEAREST MULTIPLE OF FIVE CENTS. THE COMMISSIONER SHALL PUBLISH  SUCH
 WAGES  ON  OR BEFORE OCTOBER FIRST, TWO THOUSAND TWENTY-SEVEN, AND ON OR
 BEFORE EACH FOLLOWING OCTOBER FIRST. PROVIDED, HOWEVER,  THAT  THE  WAGE
 SET  FORTH  FOR  PARAGRAPH (C) OF THIS SUBDIVISION THAT THE COMMISSIONER
 PUBLISHES ON OR BEFORE OCTOBER FIRST, TWO THOUSAND TWENTY-SEVEN TO  TAKE
 EFFECT  ON JANUARY FIRST, TWO THOUSAND TWENTY-EIGHT SHALL BE A WAGE THAT
 IS EQUAL TO THE WAGE THAT THE COMMISSIONER PUBLISHES TO TAKE  EFFECT  ON
 JANUARY  FIRST,  TWO THOUSAND TWENTY-EIGHT FOR PARAGRAPHS (A) AND (B) OF
 THIS SUBDIVISION. THEREAFTER, BEGINNING WITH THE WAGE THAT  THE  COMMIS-
 SIONER  PUBLISHES  FOR  PARAGRAPH  (C)  OF THIS SUBDIVISION ON OR BEFORE
 OCTOBER FIRST, TWO THOUSAND  TWENTY-EIGHT  TO  TAKE  EFFECT  ON  JANUARY
 FIRST,  TWO THOUSAND TWENTY-NINE, AND THAT THE COMMISSIONER PUBLISHES ON
 OR BEFORE EACH FOLLOWING OCTOBER FIRST TO TAKE EFFECT ON EACH  FOLLOWING
 JANUARY  FIRST, THE COMMISSIONER SHALL ADJUST THE CURRENT WAGE FOR PARA-
 GRAPH (C) OF THIS SUBDIVISION USING THE FORMULA SPECIFIED ABOVE IN  THIS
 PARAGRAPH.  FOR  PURPOSES  OF  SUBDIVISION  TWO  OF  THIS  SECTION, EACH
 PUBLISHED WAGE THAT INCREASES EACH THEN CURRENT MINIMUM  WAGE  SHALL  BE
 DEEMED  TO  BE  AN  INCREASE  IN HOURLY MINIMUM WAGE AS PROVIDED IN THIS
 SUBDIVISION.
   (E) The rates and schedules established [in paragraphs (a) and (b) of]
 UNDER this subdivision FOR NEW YORK CITY AND NASSAU, SUFFOLK, AND  WEST-
 CHESTER  COUNTIES  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.