Assembly Bill A10507

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10507
 
                           I N  A S S E M B L Y
 
                               March 6, 2026
                                ___________
 
 Introduced  by M. of A. MEEKS -- read once and referred to the Committee
   on Labor
 
 AN ACT to amend the labor law, in relation to raising the  minimum  wage
   to  $30  by January 1, 2030 for large employers and by January 1, 2035
   for small employers, and by a percentage which is based  on  inflation
   thereafter, and to provide for minimum wage requirements for miscella-
   neous  industry  workers;  to amend the correction law, in relation to
   minimum wage for  incarcerated  individuals  working  in  correctional
   facilities;  and  to  repeal subdivision 6 of section 652 of the labor
   law relating to minimum wage increases
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "living wage for all act".
   § 2. Legislative findings. The legislature hereby finds  and  declares
 that:
   New  York  state  faces  an  ongoing  affordability  crisis  that  has
 increased the cost of basic necessities, including housing, child  care,
 food,  transportation, and health care, and has placed growing financial
 strain on working families.
   The legislature further finds that the statutory minimum wage has  not
 kept pace with the actual cost of meeting basic needs in many regions of
 the  state,  such  that  full-time  work  at or near the minimum wage is
 insufficient for many workers to attain economic security.
   The legislature further finds that credible,  geographically  specific
 measures  of  the  cost of living--based on the costs of basic household
 necessities and required taxes--indicate that a living wage in  numerous
 counties  and  regions  of  the  state  is substantially higher than the
 current minimum wage.
   The legislature further finds that when wages are set  below  a  level
 sufficient  to meet basic needs, workers and families are more likely to
 experience material hardship and economic instability,  and  public  and
 community resources may be strained by increased demand for assistance.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14601-02-6
              

 A. 10507                            2
 
   The  legislature  further  finds that establishing a clear schedule to
 reach a statewide living  wage  and  providing  for  predictable  annual
 adjustments  thereafter  are  necessary  to  prevent erosion in the real
 value of wages over time and to promote economic stability  for  workers
 and communities.
   It  is therefore the intent of the legislature in enacting this act to
 raise the minimum wage to a living wage statewide  and  to  provide  for
 ongoing adjustments thereafter in order to maintain the purchasing power
 of the minimum wage.
   §  3.  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, paragraph (c)  as
 amended  by  section  1  of part S of chapter 56 of the laws of 2023, 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] STATE 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,
   $18.75 PER HOUR ON AND AFTER JANUARY 1, 2027,
   $22.50 PER HOUR ON AND AFTER JANUARY 1, 2028,
   $26.35 PER HOUR ON AND AFTER JANUARY 1, 2029,
   $30.00  PER  HOUR  ON  AND AFTER JANUARY 1, 2030, 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,
   $16.67 ON AND AFTER JANUARY 1, 2027,
   $18.34 ON AND AFTER JANUARY 1, 2028,
   $20.01 ON AND AFTER JANUARY 1, 2029,
   $21.68 ON AND AFTER JANUARY 1, 2030,
   $23.35 ON AND AFTER JANUARY 1, 2031,
   $25.02 ON AND AFTER JANUARY 1, 2032,
   $26.69 ON AND AFTER JANUARY 1, 2033,
   $28.36 ON AND AFTER JANUARY 1, 2034,
   $30.00 ON AND AFTER JANUARY 1, 2035, or, if greater, such  other  wage
 as  may be established by federal law pursuant to 29 U.S.C.  section 206
 A. 10507                            3
 
 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,
   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 up to and until December
 31, 2022, a wage published by the  commissioner  on  or  before  October
 first,  based on the then current minimum 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, total-
 ing 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, 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.]
   (B)  ON  JANUARY FIRST, TWO THOUSAND THIRTY-ONE, AND ON EACH FOLLOWING
 JANUARY FIRST, THE WAGES SET FORTH IN PARAGRAPH (A) 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  COMMIS-
 SIONER SHALL PUBLISH SUCH WAGES ON OR BEFORE OCTOBER FIRST, TWO THOUSAND
 THIRTY, AND ON EACH FOLLOWING OCTOBER FIRST. THE COMMISSIONER SHALL BASE
 EACH  SUCH PUBLISHED WAGE ON EACH THEN CURRENT WAGE INCREASED BY THE SUM
 OF: (I) THE RATE OF INFLATION, IF GREATER THAN ZERO, AS MEASURED BY  THE
 CHANGE  IN THE AVERAGE FOR THE TWELVE MONTHS THROUGH JUNE OF THE CURRENT
 YEAR DIVIDED BY THE AVERAGE FOR THE TWELVE MONTHS THROUGH  JUNE  OF  THE
 PRECEDING  YEAR  IN  THE CONSUMER PRICE INDEX FOR ALL URBAN WAGE EARNERS
 AND CLERICAL WORKERS ON  A  NATIONAL  AND  SEASONALLY  UNADJUSTED  BASIS
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 (CPI-W),  OR  A  SUCCESSOR  INDEX,  AS  CALCULATED  BY THE UNITED STATES
 DEPARTMENT OF LABOR; AND (II) 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 CALCULATED BY THE UNITED STATES DEPARTMENT OF LABOR,
 WITH THE SUM ROUNDED TO THE NEAREST MULTIPLE OF FIVE CENTS. THE  COMMIS-
 SIONER SHALL PUBLISH SUCH WAGES ON OR BEFORE OCTOBER FIRST, TWO THOUSAND
 THIRTY,  AND  ON OR BEFORE EACH FOLLOWING OCTOBER FIRST. 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.
   § 4. Subdivision 6 of section 652 of the labor law is REPEALED.
   §  5.  Section 196-d of the labor law, as added by chapter 1007 of the
 laws of 1968, is amended to read as follows:
   § 196-d. Gratuities. No employer or [his] THEIR agent or an officer or
 agent of any corporation, or any other person shall  demand  or  accept,
 directly  or  indirectly,  any  part  of  the gratuities, received by an
 employee, or retain any part of a gratuity or of any charge purported to
 be a gratuity for an employee. This provision shall  not  apply  to  the
 checking  of  hats,  coats or other apparel. Nothing in this subdivision
 shall be construed as affecting the allowances from the minimum wage for
 gratuities in the amount determined in accordance with the provisions of
 article  nineteen  of  this  chapter  nor  as  affecting  practices   in
 connection  with  banquets  and  other  special  functions where a fixed
 percentage of the patron's  bill  is  added  for  gratuities  which  are
 distributed to employees, nor to the sharing of tips by a waiter, IF THE
 EMPLOYER  TAKES  A CREDIT FOR GRATUITIES AS PERMITTED BY SUBDIVISION TWO
 OF SECTION SIX HUNDRED FIFTY-TWO OF THIS CHAPTER with a busboy or  simi-
 lar  employee, OR, IF THE EMPLOYER DOES NOT TAKE A CREDIT FOR GRATUITIES
 AS PERMITTED BY SUBDIVISION TWO OF SECTION SIX HUNDRED FIFTY-TWO OF THIS
 CHAPTER, WITH ANY OTHER NON-MANAGERIAL AND NON-SUPERVISORY EMPLOYEES.
   § 6. Section 651 of the labor law is amended by adding a new  subdivi-
 sion 10 to read as follows:
   10.  "MISCELLANEOUS INDUSTRY WORKER" MEANS ANY EMPLOYEE COVERED BY THE
 MINIMUM WAGE ORDER FOR MISCELLANEOUS INDUSTRIES AND OCCUPATIONS PURSUANT
 TO THE PROVISIONS OF 12 NYCRR PART 142, INCLUDING, BUT NOT  LIMITED  TO,
 CAR  WASH  ATTENDANTS, NAIL SALON WORKERS, TOW TRUCK DRIVERS, DOG GROOM-
 ERS, WEDDING PLANNERS, TOUR GUIDES, VALET PARKING ATTENDANTS,  HAIRDRES-
 SERS, AESTHETICIANS, GOLF AND TENNIS INSTRUCTORS, AND DOOR-PERSONS.
   §  7. Subdivisions 2 and 4 of section 652 of the labor law, as amended
 by section 3 of part S of chapter 56 of the laws of 2023, are amended to
 read as follows:
   2. Existing wage orders. The minimum wage  orders  in  effect  on  the
 effective date of this act shall remain in full force and effect, except
 as modified in accordance with the provisions of this article; provided,
 however,  that  the minimum wage order for farm workers codified at part
 one hundred ninety of title twelve of the New York  code  of  rules  and
 regulations  in  effect  on  January first, two thousand twenty shall be
 deemed to be a wage order established and adopted under this article and
 shall remain in full force and effect except as modified  in  accordance
 with  the provisions of this article or article nineteen-A of this chap-
 ter.
 A. 10507                            5
 
   Such minimum wage orders shall be  modified  by  the  commissioner  to
 increase  all  monetary amounts specified therein in the same proportion
 as the increase in the hourly minimum wage as provided  in  subdivisions
 one,  one-a,  and one-b of this section, including the amounts specified
 in  such  minimum wage orders as allowances for gratuities IF NOT OTHER-
 WISE PROHIBITED BY A MUNICIPALITY WITHIN ITS GEOGRAPHIC BOUNDARIES,  and
 when  furnished  by  the  employer to its employees, for meals, lodging,
 apparel and other such items, services and facilities.  All  amounts  so
 modified  shall  be  rounded off to the nearest five cents. The modified
 orders shall be promulgated by the commissioner without a  public  hear-
 ing,  and  without reference to a wage board, and shall become effective
 on the effective date of such increases in the minimum  wage  except  as
 otherwise  provided  in  this  subdivision,  notwithstanding  any  other
 provision of this article.
   4. (A) Notwithstanding subdivisions one[, one-a, one-b,]  and  two  of
 this  section  AND  SECTION SIX HUNDRED FIFTY-THREE OF THIS ARTICLE, the
 wage for an employee who is a food service worker  OR  SERVICE  EMPLOYEE
 receiving  tips AND PAID PURSUANT TO THE PROVISIONS OF 12 NYCRR PART 146
 shall be [a cash wage of at least two-thirds of the minimum  wage  rates
 set  forth  in  subdivision  one of this section, rounded to the nearest
 five cents or seven  dollars  and  fifty  cents,  whichever  is  higher,
 provided  that  the  tips  of  such an employee, when added to such cash
 wage, are equal to or exceed the minimum  wage  in  effect  pursuant  to
 subdivisions  one, one-a, and one-b of this section and provided further
 that no other cash wage is established pursuant to section  six  hundred
 fifty-three  of this article] , FOR EACH HOUR WORKED IN THE STATE OF NEW
 YORK, AS FOLLOWS:
   (I) LARGE EMPLOYERS. EVERY EMPLOYER OF ELEVEN OR MORE EMPLOYEES  SHALL
 PAY  TO  EACH  OF ITS EMPLOYEES FOR EACH HOUR WORKED IN THE STATE OF NEW
 YORK A CASH WAGE OF NOT LESS THAN:
   $18.75 ON AND AFTER JANUARY 1, 2027,
   $22.50 ON AND AFTER JANUARY 1, 2028,
   $26.35 ON AND AFTER JANUARY 1, 2029,
   $30.00 PER HOUR ON AND AFTER JANUARY 1, 2030,
   AND BEGINNING ON JANUARY FIRST, TWO THOUSAND THIRTY-ONE, A  CASH  WAGE
 RATE  ESTABLISHED  BY THE COMMISSIONER ANNUALLY, INDEXED TO INFLATION AS
 DESCRIBED IN SUBDIVISION ONE-B OF THIS SECTION.
   (II) SMALL EMPLOYERS.  EVERY EMPLOYER OF TEN OR LESS  EMPLOYEES  SHALL
 PAY  TO  EACH  OF ITS EMPLOYEES FOR EACH HOUR WORKED IN THE STATE OF NEW
 YORK A WAGE OF NOT LESS THAN:
   $16.67 ON AND AFTER JANUARY 1, 2027,
   $18.34 ON AND AFTER JANUARY 1, 2028,
   $20.01 ON AND AFTER JANUARY 1, 2029,
   $21.68 ON AND AFTER JANUARY 1, 2030,
   $23.35 ON AND AFTER JANUARY 1, 2031,
   $25.02 ON AND AFTER JANUARY 1, 2032,
   $26.69 ON AND AFTER JANUARY 1, 2033,
   $28.36 ON AND AFTER JANUARY 1, 2034,
   $30.00 ON AND AFTER JANUARY 1, 2035,
   AND BEGINNING ON JANUARY FIRST, TWO THOUSAND THIRTY-ONE, A  CASH  WAGE
 RATE  ESTABLISHED  BY THE COMMISSIONER ANNUALLY, INDEXED TO INFLATION AS
 DESCRIBED IN SUBDIVISION ONE-B OF THIS SECTION.
   (B) NOTWITHSTANDING SUBDIVISIONS ONE AND TWO OF THIS SECTION, THE WAGE
 FOR AN EMPLOYEE WHO IS A MISCELLANEOUS INDUSTRY  WORKER  RECEIVING  TIPS
 AND  PAID  PURSUANT TO THE PROVISIONS OF 12 NYCRR PART 142 SHALL BE, FOR
 EACH HOUR WORKED IN THE CITY OF NEW YORK, A CASH WAGE OF NOT  LESS  THAN
 A. 10507                            6
 
 THE CASH WAGE RATE AS DESCRIBED IN PARAGRAPH (A) OF SUBDIVISION ONE-A OF
 THIS SECTION.
   (C) NOTWITHSTANDING SUBDIVISIONS ONE AND TWO OF THIS SECTION, THE WAGE
 FOR  AN  EMPLOYEE  WHO IS A MISCELLANEOUS INDUSTRY WORKER RECEIVING TIPS
 AND PAID PURSUANT TO THE PROVISIONS OF 12 NYCRR PART 142 SHALL  BE,  FOR
 EACH  HOUR  WORKED IN THE COUNTIES OF NASSAU, SUFFOLK AND WESTCHESTER, A
 CASH WAGE OF NOT LESS THAN THE CASH WAGE RATE AS DESCRIBED IN  PARAGRAPH
 (B) OF SUBDIVISION ONE-A OF THIS SECTION.
   (D) NOTWITHSTANDING SUBDIVISIONS ONE AND TWO OF THIS SECTION, THE WAGE
 FOR  AN  EMPLOYEE  WHO IS A MISCELLANEOUS INDUSTRY WORKER RECEIVING TIPS
 AND PAID PURSUANT TO THE PROVISIONS OF 12 NYCRR PART 142  SHALL  BE  FOR
 EACH  HOUR  WORKED  OUTSIDE  THE  CITY  OF  NEW YORK AND THE COUNTIES OF
 NASSAU, SUFFOLK AND WESTCHESTER, A CASH WAGE OF NOT LESS THAN  THE  CASH
 WAGE  RATE  AS  DESCRIBED  IN PARAGRAPH (C) OF SUBDIVISION ONE-A OF THIS
 SECTION.
   § 8. Subdivision 2 of section 653 of the labor law, as added by  chap-
 ter 14 of the laws of 2000, is amended to read as follows:
   (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 board to
 inquire and report and recommend any changes to  wage  orders  governing
 wages  payable  to food service workers. Such wage board shall be estab-
 lished consistent with the provisions of subdivision one of section  six
 hundred  fifty-five  of  this article, except the representatives 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]
 NOTWITHSTANDING SECTION SIX HUNDRED FIFTY-FIVE OF THIS ARTICLE,  A  wage
 order  [authorizing] UNDER THIS SUBDIVISION SHALL NOT 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].
   §  9.  Paragraph (c) of subdivision 5 of section 655 of the labor law,
 as amended by chapter 747 of the laws of 1978, is  amended  to  read  as
 follows:
   (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)] (3) the employ-
 ment   of  residential  employees  in  a  non-profit  making  religious,
 charitable or educational organization or in a non-profit making college
 A. 10507                            7
 
 or university sorority or fraternity under special  certificates  issued
 by  the  commissioner at such weekly wage as shall be prescribed in such
 regulation.
   §  10.  The  opening  paragraph of subdivision 5 of section 651 of the
 labor law, as amended by chapter 391 of the laws of 2024, is amended  to
 read as follows:
   "Employee" includes any individual employed or permitted to work by an
 employer  in any occupation, but shall not include any individual who is
 employed or permitted to work: (a) on a casual basis  in  service  as  a
 part  time  baby  sitter in the home of the employer; (b) in a bona fide
 executive, administrative, or professional capacity; (c) as  an  outside
 salesman;  (d)  as  a  driver  engaged  in operating a taxicab; (e) as a
 volunteer, learner or apprentice by a corporation, unincorporated  asso-
 ciation,  community  chest,  fund  or  foundation organized and operated
 exclusively for religious, charitable or educational purposes,  no  part
 of the net earnings of which inures to the benefit of any private share-
 holder or individual; (f) as a member of a religious order, or as a duly
 ordained,  commissioned  or  licensed minister, priest or rabbi, or as a
 sexton, or as a christian science reader; (g) in or for such a religious
 or charitable institution, which work is incidental to or in return  for
 charitable  aid conferred upon such individual and not under any express
 contract of hire; (h) in or for such a religious, educational or  chari-
 table institution if such individual is a student; (i) [in or for such a
 religious, educational or charitable institution if the earning capacity
 of such individual is impaired by age or by physical or mental deficien-
 cy or injury; (j)] in or for a summer camp or conference of such a reli-
 gious,  educational  or  charitable  institution for not more than three
 months annually; [(k)] (J) as a staff counselor in  a  children's  camp;
 [(l)]  (K)  in  or  for  a  college  or university fraternity, sorority,
 student association or faculty association, no part of the net  earnings
 of which inures to the benefit of any private shareholder or individual,
 and  which is recognized by such college or university, if such individ-
 ual is a student; [(m)] (L) by a federal, state or municipal  government
 or  political  subdivision thereof; [(n)] (M) as a volunteer at a recre-
 ational or amusement event run by a business that operates such  events,
 provided  that  no single such event lasts longer than eight consecutive
 days and no more than one such event concerning substantially  the  same
 subject matter occurs in any calendar year, where (1) any such volunteer
 shall be at least eighteen years of age, (2) a business seeking coverage
 under  this  paragraph  shall  notify  every  volunteer  in  writing, in
 language acceptable to the commissioner, that by  volunteering  [his  or
 her]  SUCH  VOLUNTEER'S services, such volunteer is waiving [his or her]
 SUCH VOLUNTEER'S right to receive the  minimum  wage  pursuant  to  this
 article,  and  (3)  such notice shall be signed and dated by a represen-
 tative of the business and the volunteer and kept on file by  the  busi-
 ness  for  thirty-six months; [(o)] (N) in the delivery of newspapers or
 shopping news to the consumer by a person who is not performing  commer-
 cial goods transportation services for a commercial goods transportation
 contractor  within the meaning of article twenty-five-C of this chapter;
 or [(p)] (O) having entered into a contract  to  play  baseball  at  the
 minor  league  level  and  who is compensated pursuant to the terms of a
 collective bargaining agreement that expressly provides for  the  wages,
 hours  of work, and working conditions of employees. The exclusions from
 the term "employee" contained in this subdivision shall be as defined by
 regulations of the commissioner.
 A. 10507                            8
 
   § 11. Section 171 of the correction law is amended  by  adding  a  new
 subdivision 3 to read as follows:
   3. INCARCERATED INDIVIDUALS WHO ARE WORKING IN CORRECTIONAL FACILITIES
 OF  THIS  STATE,  OR ANY OF ITS COUNTIES, SHALL BE PAID THE FULL MINIMUM
 WAGE IN ACCORDANCE WITH SUBDIVISION ONE OF SECTION SIX HUNDRED FIFTY-TWO
 OF THE LABOR LAW.
   § 12. The labor law is amended by adding a new section 666 to read  as
 follows:
   §  666.  NON-PREEMPTION  CLAUSE.  NOTHING IN THIS ARTICLE OR ANY OTHER
 PROVISION OF LAW SHALL BE  DEEMED  TO  PROHIBIT  ANY  MUNICIPALITY  FROM
 ESTABLISHING  OR  ENFORCING  WITHIN ITS GEOGRAPHIC BOUNDARIES PAYMENT OF
 MINIMUM WAGE OR BENEFITS STANDARDS THAT ARE HIGHER  OR  MORE  PROTECTIVE
 THAN  THOSE ESTABLISHED PURSUANT TO THIS ARTICLE OR FROM PROHIBITING THE
 TAKING OF AN ALLOWANCE FOR GRATUITIES TOWARD THE MINIMUM WAGE AS  OTHER-
 WISE  PERMITTED  BY  SUBDIVISION TWO OF SECTION SIX HUNDRED FIFTY-TWO OF
 THIS ARTICLE.
   § 13. The commissioner of labor  shall,  no  later  than  one  hundred
 eighty  days  after the effective date of this act, promulgate any regu-
 lations and amend any minimum wage order or wage order  issued  pursuant
 to  article  nineteen  of the labor law, including but not limited to 12
 NYCRR parts 142, 143 and 146,  and  any  successor  provisions,  as  are
 necessary  to  implement  this act and to ensure that no special certif-
 icate, regulation or wage order authorizes payment of  wages  below  the
 minimum  wage  established by article nineteen of the labor law to indi-
 viduals whose earning capacity is affected or impaired  by  physical  or
 mental deficiency or injury.
   § 14. This act shall take effect immediately.