Bill S6516-2013

Provides that municipalities may impose minimum wage standards that are more favorable to employees than those adopted by the state

Provides that municipalities may impose minimum wage standards that are more favorable to employees than those adopted by the state.

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  • Jan 31, 2014: REFERRED TO LABOR

Memo

BILL NUMBER:S6516

TITLE OF BILL: An act to amend the labor law, in relation to authorizing local wage standards higher than in the state labor law

PURPOSE OR GENERAL IDEA OF BILL:

Allows localities to set a minimum wage beyond what is required by the state.

SUMMARY OF SPECIFIC PROVISIONS:

Establishes a non-preemption clause allowing municipalities and public benefit corporations to establish higher labor standards than that required by the state.

Section 1 - Renumbers Section 665 of the Labor Law to Section 666 and adds a new Section 665, allowing a county, city, town, village or public benefit corporation to establish and enforce rules and regulations relating to wages, hours or other wowing conditions, which are more favorable to the minimum standards provided by state law.

Section 2 - Severability Clause.

Section 3 - Effective Date.

JUSTIFICATION:

New York is an economically and geographically diverse state. Agricultural production, tourism and related industries drive the local economy of the state's rural areas; upstate urban and suburban areas are driven in part by the bio-technical and nano-technical sectors, research institutions and manufacturing; Long Island's economy is characterized by the aviation industry, the science and technology sectors and tourism; and New York City is a microcosm of the global economy.

Such economic diversity translates into wine variations in the local cost of living - living in New York City or on Long Island is far more expensive than it is in Jamestown or Watertown. Consequently, what constitutes an adequate income in rural upstate areas falls woefully short for workers in Westchester County, New York City or Long Island. In short, with regard to an adequate "living wage," one size does not fit all.

While the state's minimum wage increased by 10% at the end of last year, and will increase another 12.5% by the end of 2015, it will not even approach the level of an actual "living wage" in the more expensive areas in the state. By allowing localities to raise their minimum wage above the state level, this legislation effectively establishes the stare minimum wage as a "floor," but removes it as a "ceiling."

High-cost areas will be now able to ensure that those who do so many jobs :net are essential to their local economies will be able to afford to live in the communities where they work, and increasing the

purchasing power of those workers will provide a significant boost to local economic development.

PRIOR LEGISLATIVE HISTORY:

None.

FISCAL IMPLICATIONS:

To be determined.

EFFECTIVE DATE:

This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 6516 IN SENATE January 31, 2014 ___________
Introduced by Sens. STEWART-COUSINS, GIANARIS, KRUEGER, ESPAILLAT, PERALTA -- read twice and ordered printed, and when printed to be committed to the Committee on Labor AN ACT to amend the labor law, in relation to authorizing local wage standards higher than in the state labor law THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 665 of the labor law is renumbered section 666 and a new section 665 is added to read as follows: S 665. LOCAL WAGE STANDARDS. NOTHING IN THIS CHAPTER, THE MUNICIPAL HOME RULE LAW OR THE GENERAL MUNICIPAL LAW SHALL PROHIBIT THE ADOPTION OF ANY MINIMUM STANDARDS ESTABLISHED BY ANY APPLICABLE FEDERAL, STATE, OR LOCAL LAW, POLICY, CONTRACT OR PREFERENCE, OR BY A PUBLIC BENEFIT CORPORATION, OR ANY RULE OR REGULATION ISSUED THEREUNDER, RELATING TO WAGES, HOURS, OR OTHER WORKING CONDITIONS, OR THE ENFORCEMENT THEREOF, WHICH ARE MORE FAVORABLE TO EMPLOYEES THAN THE MINIMUM STANDARDS APPLI- CABLE UNDER THIS ARTICLE. A COUNTY, CITY, TOWN, VILLAGE OR PUBLIC BENE- FIT CORPORATION MAY ADOPT SUCH STANDARDS, WHICH SHALL BE SUBJECT TO ENFORCEMENT BY ANY MEANS PROVIDED BY LAW, INCLUDING BUT NOT LIMITED TO THOSE AUTHORIZED BY THE COUNTY, CITY, TOWN, VILLAGE OR PUBLIC BENEFIT CORPORATION, AND MAY ALSO BE ENFORCED BY THE COMMISSIONER USING ANY AND ALL ENFORCEMENT METHODS PERMITTED BY THIS CHAPTER FOR ENFORCEMENT OF WAGE STANDARDS AND PAYMENT. S 2. Severability. If any provision of this act, or the application thereof to any person or circumstance, shall be adjudged by any court of competent jurisdiction to be invalid or unconstitutional, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the provision of this act, or in its application to the person or circumstance, directly involved in the controversy in which such judgment shall have been rendered. S 3. This act shall take effect immediately.

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