S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1948
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 16, 2021
                                ___________
 
 Introduced  by  Sen.  AKSHAR -- 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  eliminating  the  wage
   board; and to repeal subdivision 3 of section 651 and sections 655 and
   656 of such law relating thereto

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 3 of section 651 and sections 655  and  656  of
 the labor law are REPEALED.
   § 2. Subdivisions 2 and 6 of section 652 of the labor law, subdivision
 2 as amended by chapter 38 of the laws of 1990, the opening paragraph of
 subdivision  2  as  amended by section 6 of part II of chapter 58 of the
 laws of 2020 and subdivision 6 as added by section 3 of part K of  chap-
 ter 54 of the laws of 2016, are amended to read as follows:
   2.  Existing  wage  orders.   The minimum wage orders in effect on the
 effective date of this act shall remain in full force and effect, except
 as modified in accordance with the provisions of this article; provided,
 however, that the minimum wage order for farm workers codified  at  part
 one  hundred  ninety  of  title twelve of the New York code of rules and
 regulations in effect on January first, two  thousand  twenty  shall  be
 deemed to be a wage order established and adopted under this article and
 shall  remain  in full force and effect except as modified in accordance
 with the provisions of this article or article nineteen-A of this  chap-
 ter.
   Such  minimum  wage  orders  shall  be modified by the commissioner to
 increase all monetary amounts specified therein in the  same  proportion
 as  the  increase  in the hourly minimum wage as provided in subdivision
 one of this section, including the amounts  specified  in  such  minimum
 wage  orders  as  allowances  for  gratuities, and when furnished by the
 employer to its employees, for meals, lodging, apparel  and  other  such
 items, services and facilities. All amounts so modified shall be rounded

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

                                                            LBD02548-01-1

 S. 1948                             2
 
 off  to the nearest five cents. The modified orders shall be promulgated
 by the commissioner without a public hearing[, and without reference  to
 a  wage board,] and shall become effective on the effective date of such
 increases  in  the  minimum  wage  except  as otherwise provided in this
 subdivision, notwithstanding any other provision of this article.
   6. Notwithstanding subdivision one of  this  section,  and  [sections]
 SECTION  six  hundred  fifty-three  [and six hundred fifty-five] of this
 article, on or after January first,  two  thousand  nineteen,  and  each
 January  first thereafter until such time as the minimum wage is fifteen
 dollars in all areas of the state, the division of budget shall  conduct
 an  analysis  of the state of the economy in each region, and the effect
 of the minimum wage increases  listed  in  this  section,  to  determine
 whether there should be a temporary suspension or delay in any scheduled
 increases.    In  conducting  its analysis, the division of budget shall
 consult the  department,  the  department's  division  of  research  and
 statistics,  the  United States department of labor, the federal reserve
 bank of New York and other economic experts. The division of budget will
 reference  well-established  economic  indexes  and  accepted   economic
 factors,  including those set forth in section six hundred fifty-four of
 this article, to justify and explain its decision.  After reviewing such
 indexes and factors, the  division  shall  determine  whether  scheduled
 increases in the minimum wage shall continue up to and including fifteen
 dollars.  The  division of budget will issue a report and recommendation
 to the commissioner, who shall take action on that report [and recommen-
 dation pursuant to section six hundred fifty-six of this article].
   § 3. Section 653 of the labor law, as amended by  chapter  14  of  the
 laws of 2000, is amended to read as follows:
   §  653.  Investigation  of  adequacy  of wages. [(1)] The commissioner
 shall have power on his own motion to cause an investigation to be  made
 of the wages being paid to persons employed in any occupation or occupa-
 tions  to  ascertain whether the minimum wages established in accordance
 with the provisions of this article are sufficient to  provide  adequate
 maintenance  and  to  protect the health of the persons employed in such
 occupation or occupations. The commissioner shall, on  the  petition  of
 fifty  or more residents of the state engaged in or affected by an occu-
 pation or occupations sought to be investigated, cause such an  investi-
 gation  of  such  occupation or occupations to be conducted. [If, on the
 basis of information in his possession with or without such an  investi-
 gation,  the  commissioner is of the opinion that any substantial number
 of persons employed in any occupation or occupations are receiving wages
 insufficient to  provide  adequate  maintenance  and  to  protect  their
 health,  he  shall  appoint  a wage board to inquire into and report and
 recommend adequate minimum wages and regulations for employees  in  such
 occupation or occupations.
   (2)  The  commissioner shall, within six months after enactment of any
 change in the statutory minimum wage set forth  in  subdivision  one  of
 section  six  hundred fifty-two of this article, appoint a wage board to
 inquire and report and recommend any changes to  wage  orders  governing
 wages  payable  to food service workers. Such wage board shall be estab-
 lished consistent with the provisions of subdivision one of section  six
 hundred  fifty-five  of  this article, except the representatives of the
 employees shall be selected upon the nomination of  the  state  American
 Federation  of Labor/Congress of Industrial Organizations; and provided,
 further, that the representatives of the  employers  shall  be  selected
 upon  the  nomination  of  the New York State Business Council. Any wage
 order authorizing a lesser wage  than  the  previously  and  statutorily

 S. 1948                             3

 mandated  minimum  wage for such employees shall be reviewed by the wage
 board to ascertain at what  level  such  wage  order  is  sufficient  to
 provide adequate maintenance and to protect the health and livelihood of
 employees subject to such a wage order after a statutory increase in the
 mandated minimum wage.]
   § 4. Section 654 of the labor law, as added by chapter 619 of the laws
 of 1960, is amended to read as follows:
   §  654.  Basis  of  changes in minimum wage.   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  wage
 board  and]  the  commissioner  shall  consider the value of the work or
 classification of work performed, and the wages paid in  the  state  for
 work of like or comparable character.
   § 5. Subdivisions 1 and 2 of section 657 of the labor law, subdivision
 1  as  added  by  chapter  619  of the laws of 1960 and subdivision 2 as
 amended by chapter 102 of the laws of  1968,  are  amended  to  read  as
 follows:
   1.  Finality.  Any  minimum  wage  order  and regulation issued by the
 commissioner pursuant to this article shall,  unless  appealed  from  as
 provided  in this section, be final. The findings of the commissioner as
 to the facts shall be conclusive on any appeal  from  an  order  of  the
 commissioner  issued  pursuant  to [sections] SECTION six hundred fifty-
 two[, six hundred fifty-six,] or six hundred fifty-nine.
   2. Review by board of standards and appeals. Any person  in  interest,
 including  a  labor organization or employer association, in any occupa-
 tion for which a minimum wage order or regulation has been issued  under
 the  provisions  of this article who is aggrieved by such order or regu-
 lation may obtain review before the board of standards  and  appeals  by
 filing  with  said  board,  within forty-five days after the date of the
 publication of the notice of such order or regulation, a  written  peti-
 tion requesting that the order or regulation be modified or set aside. A
 copy of such petition shall be served promptly upon the commissioner. On
 such  appeal,  the commissioner shall certify and file with the board of
 standards and appeals a transcript of the entire record,  including  the
 testimony and evidence upon which such order or regulation was made [and
 the  report of the wage board]. The board of standards and appeals, upon
 the record certified and filed by the commissioner,  shall,  after  oral
 argument,  determine  whether  the  order or regulation appealed from is
 contrary to law. Within forty-five days after the expiration of the time
 for the filing of a petition, the board of standards and  appeals  shall
 issue  an order confirming, amending or setting aside the order or regu-
 lation appealed from. The appellate jurisdiction of the board of  stand-
 ards  and appeals shall be exclusive and its order final except that the
 same shall be subject to an appeal taken directly to the appellate divi-
 sion of the supreme court, third judicial department, within sixty  days
 after  its  order  is  issued.  The  commissioner shall be considered an
 aggrieved party entitled to take an appeal from an order of the board of
 standards and appeals.
   § 6. Section 658 of the labor law, as amended by chapter  443  of  the
 laws of 1981, is amended to read as follows:
   §  658.  Appeals from compliance orders. An appeal pursuant to section
 two hundred eighteen or two hundred nineteen of  this  chapter  from  an
 order issued by the commissioner directing compliance with any provision
 of this article or with any minimum wage order or regulation promulgated

 S. 1948                             4
 
 thereunder, shall not bring under review any minimum wage order or regu-
 lation  promulgated  under  this article. The provisions of [subdivision
 two of section six hundred fifty-seven relating to appeals from determi-
 nations  of  the board and the provisions of] subdivisions three through
 seven of section six hundred fifty-seven shall apply to an appeal from a
 compliance order.
   § 7. Section 659 of the labor law, as added by chapter 619 of the laws
 of 1960, is amended to read as follows:
   § 659. Reconsideration of wage orders and regulations.   [1.  By  wage
 board. At any time after a minimum wage order has been in effect for six
 months  or more, the commissioner, on his own motion or on a petition of
 fifty or more residents of the state engaged in or affected by the occu-
 pation or occupations to which an order is applicable, may reconvene the
 same wage board or appoint a new wage board to recommend whether or  not
 the  minimum  wage  and  regulations  prescribed by such order should be
 modified, and the provisions of section six hundred  fifty-five  through
 six hundred fifty-seven shall thereafter apply.
   2.  By  commissioner.] The commissioner[, without referral to the wage
 board,] may, at any time after public hearing,  by  order  propose  such
 modifications  of  or additions to any regulations as he may deem appro-
 priate to effectuate the purposes of this article. Notice of hearing and
 promulgation of any such order shall be published  [in  accordance  with
 the  provisions contained in section six hundred fifty-six].  Such order
 shall be effective thirty days after such publication  and  section  six
 hundred fifty-seven shall thereafter apply.
   § 8. This act shall take effect immediately.