Enacts the Fair Local Wage Act allowing localities to raise minimum wage by thirty percent.
TITLE OF BILL: 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 thirty percent
To enable counties or cities to enact a minimum wage that is up to thirty percent higher than the state minimum wage.
SUMMARY OF PROVISIONS:
Section 1 of the bill sets forth the short title of the act as the "Fair Local Wage Act."
Section 2 of the bill amends paragraph f of subdivision 1 of section 11 of the municipal home rule law to enable counties or cities to enact local laws as provided in section 3 of the bill.
Section 3 of the bill amends section 654 of the labor law to include existing provisions of the section as a new subdivision 1 and to add a new subdivision 2 that authorizes counties or cities to enact higher minimum wages up to 30 percent higher than the state minimum wages.
Section 4 of the bill amends subdivision 1 of section 662 of the labor law to include paying a wage less than the minimum wage enacted by a county or city as a criminal violation in the same manner as paying less than the state minimum wage.
Section 5 of the bill provides that nothing in this act shall have any effect on the authority of counties or cities to adopt standards relating to wages, hours, other working conditions, or mechanisms for enforcement, that are not inconsistent with the provision of this act.
Section 6 of the bill sets forth the effective date.
The Fair Local Wage Act would allow counties or cities across New York State to raise the minimum wage in their area up to 30 percent above the state-mandated minimum wage. With the current State minimum of $8.00 per hour, these localities would be able to set a local minimum of up to $10.40 per hour. When the increase already enacted by the State Legislature and Governor brings the State minimum to $8.75 per hour on December 31, 2014, counties or cities would be able to set a wage of up to $11.37 per hour. When the following stage of this increase brings the State minimum to $9.00 per hour on December 31, 2015, counties or cities would be able to set a wage of up to $11.70 per hour. If proposals to raise the statewide minimum to $10.10 were to be enacted, this bill would permit counties or cities to raise the local wage to $13.13 per hour.
The Fair Local Wage Act is intended to give counties and cities a critical tool to improve living standards for low-wage workers, strengthen local economies, improve tax revenues, and relieve local
costs for social services-all while recognizing the wide variation in the cost of living in different parts of the State.
The Act would also provide for the State to continue to play a central role is setting wages across New York, by capping local minimum wages at 30 percent above the State level and by ensuring that county-or-city enacted minimum wages are enforceable by the State in the same manner as the State minimum wage.
FISCAL IMPACT ON THE STATE:
Expected net savings.
This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 7743--A IN SENATE June 3, 2014 ___________Introduced by Sen. SAVINO -- read twice and ordered printed, and when printed to be committed to the Committee on Local Government -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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 thirty 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 andEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD13586-08-4 S. 7743--A 2
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. (2) COUNTIES OR CITIES ARE AUTHORIZED TO ENACT HIGHER MINIMUM WAGES UP TO THIRTY 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 OR CITY shall be guilty of a misde- meanor 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 applicable under this article shall constitute a separate offense. S 5. Nothing in this act shall have any effect on the authority of counties or cities to adopt standards relating to wages, hours, or other working conditions, or mechanisms for the enforcement thereof, that are not inconsistent with the provisions of this act. S 6. This act shall take effect immediately.