Raises the statutory minimum wage from $7.15 to $8.50 on and after January 1, 2013; raises the minimum wage to $9.25 on and after January 1, 2014.

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S6335B-2011 Actions

• Mar 7, 2012: PRINT NUMBER 6335B
• Mar 7, 2012: AMEND AND RECOMMIT TO LABOR
• Feb 1, 2012: PRINT NUMBER 6335A
• Feb 1, 2012: AMEND AND RECOMMIT TO LABOR
• Jan 27, 2012: REFERRED TO LABOR

S6335B-2011 Memo

BILL NUMBER:S6335B               REVISED 03/09/12

TITLE OF BILL:
An act
to amend the labor law, in relation to raising the statutory minimum
wage

PURPOSE OR GENERAL IDEA OF BILL:
Raises the minimum wage that an employer can pay to each of its
employees for each hour worked to $8.50 on and after January 1, 2013
then to $9.25 on and after January 1, 2014. On and after January 1,
2015 and on each following January first, an adjusted minimum wage
rate that the commissioner shall calculate and establish by
increasing the then current minimum wage rate by the rate of
inflation for the most recent twelve month period that is available
at the time the adjusted minimum wage rate is calculated and
announced using the consumer price index (urban wage earners and
clerical workers, all items, NY-NJ-CT-PA, not seasonally adjusted).

As well as allows localities to set a minimum wage beyond what is
required by the state.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1 - defines what is considered to be an employee for the
purposes of this bill.

Section 2 - states what entities are considered to be employers for
the purposes of this bill.

Section 3 - Amends subdivision 1 of section 652 of the labor law to
statutory require employers to pay each of its employees a minimum of
$8.50 for each hour worked by January 1, 2013 and $9.25 by January 1,
2014.
On and after January 1, 2015 and on each following January first, an
adjusted minimum wage rate that the commissioner shall calculate and
establish by increasing the then current minimum wage rate by the
rate of inflation for the most recent twelve month period that is
available at the time the adjusted minimum wage rate is calculated
and announced using the consumer price index (urban wage earners and
clerical workers, all items, NY-NJ-CT-PA, not seasonally adjusted).

Section 4 - Amends Section 665 of the labor law, as added by chapter
619 of the laws of 1960 by adding a "non preemption" clause, allowing
localities to raise their minimum wage above what the state
statutorily requires.

Section 5 - states that this act shall take effect immediately.

JUSTIFICATION:
The cost of living has skyrocketed in our state while wages have
stagnated having a serious, detrimental impact on working class New
Yorkers.
People who make the current minimum wage fall below the poverty line,
this is unjust and unacceptable. Currently full time workers that
make minimum wage, $7.25 an hour, have less than 300 dollars to live
on a week. State.s that neighbor New York; such as Vermont,


Connecticut and Massachusetts, have all enacted laws to raise their
minimum wage above the federal requirement while New Yorkers are
being paid the bare minimum. It is time for New York to come from
behind and take the lead to insure our working class is paid a
livable wage. Study after study has demonstrated that doing so will
help boost economic activity propelling our economy forward.

PRIOR LEGISLATIVE HISTORY:
None.

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
This act shall take effect immediately.

S6335B-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                   6335--B

                              I N  SENATE

                              January 27, 2012
                                 ___________

  Introduced  by  Sens.  ESPAILLAT,  AVELLA,  STAVISKY  --  read twice and
    ordered printed, and when printed to be committed to the Committee  on
    Labor  --  committee  discharged,  bill  amended, ordered reprinted as
    amended and recommitted to said  committee  --  committee  discharged,
    bill  amended,  ordered  reprinted  as amended and recommitted to said
    committee

  AN ACT to amend the labor law, in  relation  to  raising  the  statutory
    minimum wage

    THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
  BLY, DO ENACT AS FOLLOWS:


    Section 1. Paragraph (n) of subdivision 5 of section 651 of the  labor
  law,  as  amended by chapter 481 of the laws of 2010, is amended to read
  as follows:

    (n) by [a] THE federal[, state or municipal] government [or  political
  subdivision thereof].  The exclusions from the term "employee" contained
  in  this  subdivision  shall be as defined by regulations of the commis-
  sioner; or
    S 2. Subdivision 6 of section 651 of the  labor  law,  as  amended  by
  chapter 281 of the laws of 2002, is amended to read as follows:

    6.  "Employer"  includes  any  individual,  partnership,  association,
  corporation, limited liability company, business trust, legal  represen-
  tative,  STATE OR MUNICIPAL GOVERNMENT OR POLITICAL SUBDIVISION THEREOF,
  or any organized group of persons acting as employer.
    S 3. Subdivisions 1, 4 and 5 of section  652  of  the  labor  law,  as
  amended  by  chapter  747  of  the  laws of 2004, are 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,
    $8.50 ON AND AFTER JANUARY 1, 2013,

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD13974-05-2

 S. 6335--B                          2

    $9.25 ON AND AFTER JANUARY 1, 2014,
    AND  ON AND AFTER JANUARY 1, 2015 AND ON EACH FOLLOWING JANUARY FIRST,
  AN ADJUSTED MINIMUM WAGE RATE THAT THE COMMISSIONER SHALL CALCULATE  AND
  ESTABLISH  BY  INCREASING THE THEN CURRENT MINIMUM WAGE RATE BY THE RATE
  OF INFLATION FOR THE MOST RECENT TWELVE MONTH PERIOD THAT  IS  AVAILABLE
  AT  THE  TIME THE ADJUSTED MINIMUM WAGE RATE IS CALCULATED AND ANNOUNCED
  USING THE CONSUMER PRICE INDEX (URBAN WAGE EARNERS AND CLERICAL WORKERS,
  ALL ITEMS, NY-NJ-CT-PA, NOT SEASONALLY ADJUSTED), OR A  SUCCESSOR  INDEX
  AS  CALCULATED BY THE UNITED STATES DEPARTMENT OF LABOR, IF SUCH RATE OF
  INFLATION IS GREATER THAN ZERO PERCENT, ROUNDED TO THE NEAREST  MULTIPLE
  OF  FIVE CENTS, 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.
    4. Notwithstanding subdivisions one and two of this section, the  wage
  for  an  employee who is a food service worker receiving tips shall be a
  cash wage of at least three dollars and thirty  cents  per  hour  on  or
  after  March  thirty-first,  two thousand; three dollars and eighty-five
  cents on or after January  first,  two  thousand  five;  at  least  four
  dollars  and  thirty-five  cents on or after January first, two thousand
  six; [and] at least four dollars and sixty cents  on  or  after  January
  first,  two  thousand  seven;  AND AT LEAST FIVE DOLLARS AND EIGHTY-FIVE
  CENTS ON OR AFTER JANUARY FIRST, TWO THOUSAND THIRTEEN; AND AT LEAST SIX
  DOLLARS AND FORTY CENTS ON OR AFTER JANUARY FIRST, TWO THOUSAND FOURTEEN
  AND ON OR AFTER JANUARY FIRST, TWO THOUSAND FIFTEEN AND ON EACH  FOLLOW-
  ING  JANUARY  FIRST, AN ADJUSTED MINIMUM WAGE RATE THAT THE COMMISSIONER
  SHALL CALCULATE AND ESTABLISH BY INCREASING  THE  THEN  CURRENT  MINIMUM
  WAGE  RATE  BY  THE  RATE  OF INFLATION FOR THE MOST RECENT TWELVE MONTH
  PERIOD AVAILABLE AT THE TIME THE ADJUSTED MINIMUM WAGE  RATE  IS  CALCU-
  LATED  AND  ANNOUNCED USING THE CONSUMER PRICE INDEX (URBAN WAGE EARNERS
  AND CLERICAL WORKERS, ALL ITEMS, NY-NJ-CT-PA, NOT SEASONALLY  ADJUSTED),
  OR  A  SUCCESSOR  INDEX AS CALCULATED BY THE UNITED STATES DEPARTMENT OF
  LABOR, IF SUCH RATE OF INFLATION IS GREATER THAN ZERO  PERCENT,  ROUNDED
  TO THE NEAREST MULTIPLE OF FIVE CENTS, provided that the tips of such an
  employee, when added to such cash wage, are equal to or exceed the mini-
  mum  wage  in  effect  pursuant  to  subdivision one of this section and
  provided further that no other cash  wage  is  established  pursuant  to
  section  six  hundred fifty-three of this article. In the event the cash
  wage payable under the Fair Labor Standards Act (29 United  States  Code
  Sec. 203 (m), as amended), is increased after enactment of this subdivi-
  sion,  the  cash wage payable under this subdivision shall automatically
  be increased by the proportionate increase  in  the  cash  wage  payable
  under  such federal law, and will be immediately enforceable as the cash
  wage payable to food service workers under this article.
    5. Notwithstanding subdivisions one and two of this section, meal  and
  lodging  allowances  for  a  food  service  worker receiving a cash wage
  amounting to three dollars and thirty cents per hour on or  after  March
  thirty-first,  two  thousand;  three dollars and eighty-five cents on or
  after January first, two thousand five;  four  dollars  and  thirty-five
  cents  on  or  after January first, two thousand six; [and] four dollars
  and sixty cents on or after January  first,  two  thousand  seven;  FIVE
  DOLLARS  AND  EIGHTY-FIVE  CENTS ON OR AFTER JANUARY FIRST, TWO THOUSAND
  THIRTEEN; AND AT LEAST SIX DOLLARS AND FORTY CENTS ON OR  AFTER  JANUARY
  FIRST, TWO THOUSAND FOURTEEN AND ON OR AFTER JANUARY FIRST, TWO THOUSAND
  FIFTEEN  AND  ON  EACH FOLLOWING JANUARY FIRST, AN ADJUSTED MINIMUM WAGE
  RATE THAT THE COMMISSIONER SHALL CALCULATE AND ESTABLISH  BY  INCREASING

 S. 6335--B                          3

  THE THEN CURRENT MINIMUM WAGE RATE BY THE RATE OF INFLATION FOR THE MOST
  RECENT  TWELVE  MONTH  PERIOD AVAILABLE AT THE TIME THE ADJUSTED MINIMUM
  WAGE RATE IS CALCULATED AND ANNOUNCED USING  THE  CONSUMER  PRICE  INDEX
  (URBAN  WAGE  EARNERS  AND CLERICAL WORKERS, ALL ITEMS, NY-NJ-CT-PA, NOT
  SEASONALLY ADJUSTED), OR A SUCCESSOR INDEX AS CALCULATED BY  THE  UNITED
  STATES  DEPARTMENT  OF  LABOR, IF SUCH RATE OF INFLATION IS GREATER THAN
  ZERO PERCENT, ROUNDED TO THE NEAREST MULTIPLE OF FIVE CENTS,  shall  not
  increase  more  than  two-thirds of the increase required by subdivision
  two of this section as applied to state wage orders in  effect  pursuant
  to subdivision one of this section.
    S 4. Section 665 of the labor law, as added by chapter 619 of the laws
  of 1960, is amended to read as follows:

    S  665. Savings AND NON-PREEMPTION clause. 1. If any provision of this
  article or the application thereof to any person,  employer,  occupation
  or  circumstance  is  held invalid, the remainder of the article and the
  application of such provision to other persons, employees,  occupations,
  or circumstances shall not be affected thereby.
    2.  NOTHING  IN  THIS  ARTICLE  OR ANY OTHER PROVISION OF LAW SHALL BE
  DEEMED TO RESTRICT LOCAL GOVERNMENTS FROM REQUIRING  PAYMENT  OF  HIGHER
  WAGES OR BENEFITS WITHIN THEIR GEOGRAPHIC BOUNDARIES.
    S 5. This act shall take effect immediately.