Enacts the Fair Local Wage Act allowing localities to raise minimum wage by thirty percent.
STATE OF NEW YORK ________________________________________________________________________ 8767 IN ASSEMBLY February 12, 2014 ___________Introduced by M. of A. KAVANAGH, HEASTIE -- read once and referred to the Committee on Labor AN ACT to amend the municipal home rule law and the labor law, in relation to enacting the Fair Local Wage Act allowing localities to raise minimum wages by twenty-five percent THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. This act shall be known and may be cited as the "Fair Local Wage Act". S 2. Paragraph f of subdivision 1 of section 11 of the municipal home rule law, as amended by chapter 21 of the laws of 1992, is amended to read as follows: f. Applies to or affects any provision of paragraph (c) of subdivision one of section 8-100 of the election law, the labor law, EXCEPT AS PROVIDED IN SUBDIVISION TWO OF SECTION SIX HUNDRED FIFTY-FOUR OF THE LABOR LAW, sections two, three and four of chapter one thousand eleven of the laws of nineteen hundred sixty-eight, entitled "An act in relation to the maximum hours of labor of certain municipal and fire district firemen and the holidays of firemen and policemen, repealing certain sections of the labor law relating thereto, and to amend the municipal home rule law, in relation thereto," as amended, the volunteer
[firemen's]FIREFIGHTERS' benefit law, or the [workmen's]WORKERS' compensation law or changes any provision of the multiple residence law or the multiple dwelling law, except that in a city of one million persons or more, the provisions of local law for the enforcement of the housing code which is not less restrictive than the multiple dwelling law may be applied in the enforcement of the multiple dwelling law. S 3. Section 654 of the labor law, as added by chapter 619 of the laws of 1960, is amended to read as follows: S 654. Basis of changes in minimum wage. (1) 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 wageEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD13586-02-4 A. 8767 2
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. (2) COUNTIES, CITIES, TOWNS, VILLAGES AND PUBLIC BENEFIT CORPORATIONS ARE AUTHORIZED TO ENACT HIGHER MINIMUM WAGES UP TO TWENTY-FIVE PERCENT HIGHER THAN THE MINIMUM WAGE ESTABLISHED FOR EACH CLASS PURSUANT TO THIS ARTICLE AND ARTICLE NINETEEN-A OF THIS CHAPTER. S 4. Subdivision 1 of section 662 of the labor law, as amended by chapter 564 of the laws of 2010, is amended to read as follows: 1. Failure to pay minimum wage or overtime compensation. Any employer or his or her agent, or the officer or agent of any corporation, part- nership, or limited liability company, who pays or agrees to pay to any employee less than the wage applicable under this article, INCLUDING ANY MINIMUM WAGE ESTABLISHED BY A COUNTY, CITY, TOWN, VILLAGE, OR PUBLIC BENEFIT CORPORATION, shall be guilty of a misdemeanor and upon conviction therefor shall be fined not less than five hundred nor more than twenty thousand dollars or imprisoned for not more than one year, and, in the event that any second or subsequent offense occurs within six years of the date of conviction for a prior offense, shall be guilty of a felony for the second or subsequent offense, and upon conviction therefor, shall be fined not less than five hundred nor more than twenty thousand dollars or imprisoned for not more than one year plus one day, or punished by both such fine and imprisonment, for each such offense. Each payment to any employee in any week of less than the wage applica- ble under this article shall constitute a separate offense. S 5. This act shall take effect on the ninetieth day after it shall have become a law.