Senate Bill S635

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    635
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by Sen. GALLIVAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Investigations and Govern-
   ment Operations
 
 AN ACT to amend the tax law, in relation to minimum  wage  reimbursement
   credit

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 38 of the tax law, as added by section 1 of part EE
 of chapter 59 of the laws of 2013, is renumbered section 50 and subdivi-
 sions (b) and (c) are amended to read as follows:
   (b) An eligible employer is a corporation  (including  a  New  York  S
 corporation),  a  sole  proprietorship, a limited liability company or a
 partnership. An eligible employee is an individual who is  (i)  employed
 by an eligible employer in New York state, (ii) paid at the minimum wage
 rate  as defined in article nineteen of the labor law during the taxable
 year by the eligible employer, (iii) between the  ages  of  sixteen  and
 nineteen  during the period in which [he or she] SUCH INDIVIDUAL is paid
 at such minimum wage rate by the eligible employer, and (iv)  a  student
 during  the  period in which [he or she] SUCH INDIVIDUAL is paid at such
 minimum wage rate by the taxpayer.  FOR TAXABLE YEARS BEGINNING  ON  AND
 AFTER  JANUARY  FIRST, TWO THOUSAND TWENTY-FIVE, AN ELIGIBLE EMPLOYEE IS
 AN INDIVIDUAL WHO IS (I) EMPLOYED BY AN ELIGIBLE EMPLOYER  IN  NEW  YORK
 STATE, (II) PAID AT A RATE THAT DOES NOT EXCEED THE MINIMUM WAGE RATE AS
 DEFINED IN ARTICLE NINETEEN OF THE LABOR LAW PLUS FIFTY CENTS DURING THE
 TAXABLE YEAR BY THE ELIGIBLE EMPLOYER, (III) BETWEEN THE AGES OF SIXTEEN
 AND  NINETEEN DURING THE PERIOD IN WHICH SUCH INDIVIDUAL IS PAID AT SUCH
 RATE THAT DOES NOT EXCEED SUCH MINIMUM WAGE RATE PLUS FIFTY CENTS BY THE
 ELIGIBLE EMPLOYER, AND (IV) A STUDENT DURING THE PERIOD  IN  WHICH  SUCH
 INDIVIDUAL  IS  PAID AT SUCH RATE THAT DOES NOT EXCEED SUCH MINIMUM WAGE
 RATE PLUS FIFTY CENTS BY THE TAXPAYER.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02626-01-5
 S. 635                              2
 
   (c) For taxable years beginning on or after January first,  two  thou-
 sand fourteen and before January first, two thousand fifteen, the amount
 of  the  credit allowed under this section shall be equal to the product
 of the total number of hours worked during the taxable year by  eligible
 employees  for  which they were paid at the minimum wage rate as defined
 in article nineteen of the labor law  and  [seventy  five]  SEVENTY-FIVE
 cents.  For taxable years beginning on or after January first, two thou-
 sand fifteen and before January first, two thousand sixteen, the  amount
 of  the  credit allowed under this section shall be equal to the product
 of the total number of hours during the taxable year worked by  eligible
 employees  for  which  they  were paid at such minimum wage rate and one
 dollar and thirty-one cents. For taxable years  beginning  on  or  after
 January  first, two thousand sixteen and before January first, two thou-
 sand nineteen, the amount of the credit allowed under this section shall
 be equal to the product of the total number of hours during the  taxable
 year worked by eligible employees for which they were paid at such mini-
 mum  wage  rate  and one dollar and thirty-five cents. FOR TAXABLE YEARS
 BEGINNING ON OR AFTER JANUARY FIRST, TWO THOUSAND TWENTY-FIVE AND BEFORE
 JANUARY FIRST, TWO THOUSAND  TWENTY-EIGHT,  THE  AMOUNT  OF  THE  CREDIT
 ALLOWED  UNDER  THIS  SECTION SHALL BE EQUAL TO THE PRODUCT OF THE TOTAL
 NUMBER OF HOURS DURING THE TAXABLE YEAR WORKED BY ELIGIBLE EMPLOYEES FOR
 WHICH THEY WERE PAID AT A RATE THAT DOES NOT EXCEED  SUCH  MINIMUM  WAGE
 RATE  PLUS  FIFTY  CENTS AND ONE DOLLAR AND THIRTY-FIVE CENTS. Provided,
 however, if the federal minimum wage established by federal law pursuant
 to 29 U.S.C. section 206 or its successors is  increased  above  eighty-
 five  percent  of the minimum wage in article nineteen of the labor law,
 the dollar amounts in this subdivision shall be reduced to  the  differ-
 ence  between  the minimum wage in article nineteen of the labor law and
 the federal minimum wage.  Such reduction would take effect on the  date
 that employers are required to pay such federal minimum wage.
   § 2. This act shall take effect immediately and shall apply to taxable
 years beginning on and after January 1, 2025.