Assembly Bill A6852

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6852
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 14, 2025
                                ___________
 
 Introduced by M. of A. PALMESANO, BARCLAY, BLANKENBUSH, BRABENEC, DeSTE-
   FANO,  DiPIETRO,  FITZPATRICK,  FRIEND,  HAWLEY,  LEMONDES, MANKTELOW,
   McDONOUGH, MILLER, MORINELLO, RA, REILLY, TAGUE, WALSH  --  read  once
   and referred to the Committee on Labor
 
 AN  ACT  to  amend  the  labor  law,  in  relation to minimum wage order
   increases

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  652  of the labor law is amended by adding a new
 subdivision 7 to read as follows:
   7. NEW WAGE ORDERS. NO NEW MINIMUM WAGE ORDER OR  MODIFICATION  OF  AN
 EXISTING  WAGE ORDER ISSUED BY THE COMMISSIONER PURSUANT TO THIS ARTICLE
 SHALL BE EFFECTIVE UNTIL THE LEGISLATURE AUTHORIZES  THE  WAGE  INCREASE
 CONTAINED WITHIN SUCH ORDER.
   § 2. 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.   In establishing minimum
 wages and regulations for any occupation or occupations pursuant to  the
 provisions of the following sections of this article, the wage board and
 the  commissioner  shall  consider  the  amount  sufficient  to  provide
 adequate maintenance and to protect health and, in  addition,  the  wage
 board and the commissioner shall consider the value of the work or clas-
 sification  of  work performed, and the wages paid in the state for work
 of like or comparable character.   FURTHER, THE COMMISSIONER  SHALL  USE
 EXISTING  EMPLOYMENT  DATA TO PREPARE AN ANALYSIS OF THE POSSIBLE AGGRE-
 GATE COST INCURRED BY BUSINESSES LOCATED WITHIN THE STATE  OF  NEW  YORK
 FOR SUCH AN INCREASE.
   §  3. Subdivision 4 of section 655 of the labor law, as added by chap-
 ter 619 of the laws of 1960, is amended to read as follows:
   4. Report. Within forty-five days of the appointment of the wage board
 to inquire into wages in any occupation or occupations, the board  shall

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08891-01-5
              

 A. 6852                             2
 
 (a) conduct public hearings and (b) submit to the commissioner a report,
 including  its  recommendations  as to minimum wages and regulations for
 the employees in such occupation or occupations. The report  and  recom-
 mendations  of the board shall be submitted only after [a] THE UNANIMOUS
 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.
   § 4. 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 board report.   When the  wage
 board  submits  its  report and recommendations to the commissioner, the
 commissioner shall forthwith file them with the secretary of the depart-
 ment. Within five days of their receipt, the commissioner shall  publish
 a  notice  of  such  filing in at least ten newspapers of general circu-
 lation 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] SUCH  COMMISSIONER  deems  it
 appropriate,  order  oral  argument, which shall be scheduled before the
 commissioner, or such  representative  as  [he]  SUCH  COMMISSIONER  may
 designate, on five days' notice to the persons who have filed objections
 to the report and recommendations. Whether or not oral argument is sche-
 duled,  the commissioner shall [by order] accept [or], reject, OR MODIFY
 the board's report and  recommendations  within  forty-five  days  after
 filing  with  the secretary of the department AND SUBMIT A REPORT TO THE
 LEGISLATURE, WHICH SHALL INCLUDE (I) THE  RECOMMENDATIONS  OF  THE  WAGE
 BOARD;  (II)  A  STATEMENT  INDICATING WHETHER THE COMMISSIONER ACCEPTS,
 REJECTS OR RECOMMENDS MODIFICATION OF THE BOARD'S REPORT AND RECOMMENDA-
 TIONS; (III) ANY AND ALL OBJECTIONS TO THE  REPORT  AND  RECOMMENDATIONS
 FILED  WITH  THE COMMISSIONER; AND (IV) THE ANALYSIS REQUIRED BY SECTION
 SIX HUNDRED FIFTY-FOUR OF THIS ARTICLE. [The commissioner  may  by  such
 order modify the regulations recommended by the board. 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] SUCH
 COMMISSIONER may direct.
   § 5. This act shall take effect immediately.