STATE OF NEW YORK
________________________________________________________________________
6413
IN SENATE
February 6, 2012
___________
Introduced by Sen. KLEIN -- 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 the minimum wage and
making technical corrections relating thereto
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (n) of subdivision 5 of section 651 of the labor
2 law, as amended by chapter 481 of the laws of 2010, is amended to read
3 as follows:
4 (n) by [a] the federal[, state or municipal] government [or political
5 subdivision thereof]. The exclusions from the term "employee" contained
6 in this subdivision shall be as defined by regulations of the commis-
7 sioner; or
8 § 2. Subdivision 6 of section 651 of the labor law, as amended by
9 chapter 281 of the laws of 2002, is amended to read as follows:
10 6. "Employer" includes any individual, partnership, association,
11 corporation, limited liability company, business trust, legal represen-
12 tative, state or municipal government or political subdivision thereof,
13 or any organized group of persons acting as employer.
14 § 3. Subdivisions 1, 4 and 5 of section 652 of the labor law, as
15 amended by chapter 747 of the laws of 2004, are amended to read as
16 follows:
17 1. Statutory. Every employer shall pay to each of its employees for
18 each hour worked a wage of not less than:
19 $4.25 on and after April 1, 1991,
20 $5.15 on and after March 31, 2000,
21 $6.00 on and after January 1, 2005,
22 $6.75 on and after January 1, 2006,
23 $7.15 on and after January 1, 2007,
24 $8.50 on and after January 1, 2013
25 and on and after January 1, 2014 and on each following January first,
26 the commissioner shall calculate and establish an adjusted minimum wage
27 rate by increasing the then current minimum wage rate by the rate of
28 inflation for the most recent twelve month period available prior to
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11388-05-2
S. 6413 2
1 each January first using the consumer price index-all urban consumers,
2 CPI-U, or a successor index as calculated by the United States depart-
3 ment of labor, if such rate of inflation is greater than zero percent,
4 or, if greater, such other wage as may be established by federal law
5 pursuant to 29 U.S.C. section 206 or its successors or such other wage
6 as may be established in accordance with the provisions of this article.
7 4. Notwithstanding subdivisions one and two of this section, the wage
8 for an employee who is a food service worker receiving tips shall be a
9 cash wage of at least three dollars and thirty cents per hour on or
10 after March thirty-first, two thousand; three dollars and eighty-five
11 cents on or after January first, two thousand five; at least four
12 dollars and thirty-five cents on or after January first, two thousand
13 six; [and] at least four dollars and sixty cents on or after January
14 first, two thousand seven; and at least five dollars and eighty-six
15 cents on or after January first, two thousand thirteen; and on or after
16 January first, two thousand fourteen and on each following January
17 first, the commissioner shall calculate and establish an adjusted mini-
18 mum wage rate by increasing the then current minimum wage rate by the
19 rate of inflation for the most recent twelve month period available
20 prior to each January first using the consumer price index-all urban
21 consumers, CPI-U, or a successor index as calculated by the United
22 States department of labor, if such rate of inflation is greater than
23 zero percent, provided that the tips of such an employee, when added to
24 such cash wage, are equal to or exceed the minimum wage in effect pursu-
25 ant to subdivision one of this section and provided further that no
26 other cash wage is established pursuant to section six hundred fifty-
27 three of this article. In the event the cash wage payable under the Fair
28 Labor Standards Act (29 United States Code Sec. 203 (m), as amended), is
29 increased after enactment of this subdivision, the cash wage payable
30 under this subdivision shall automatically be increased by the propor-
31 tionate increase in the cash wage payable under such federal law, and
32 will be immediately enforceable as the cash wage payable to food service
33 workers under this article.
34 5. Notwithstanding subdivisions one and two of this section, meal and
35 lodging allowances for a food service worker receiving a cash wage
36 amounting to three dollars and thirty cents per hour on or after March
37 thirty-first, two thousand; three dollars and eighty-five cents on or
38 after January first, two thousand five; four dollars and thirty-five
39 cents on or after January first, two thousand six; [and] four dollars
40 and sixty cents on or after January first, two thousand seven; five
41 dollars and eighty-six cents on or after March thirty-first, two thou-
42 sand thirteen; and on or after March thirty-first, two thousand fourteen
43 and on each following March thirty-first, the commissioner shall calcu-
44 late and establish an adjusted minimum wage rate by increasing the then
45 current minimum wage rate by the rate of inflation for the most recent
46 twelve month period available prior to each March thirty-first using the
47 consumer price index-all urban consumers, CPI-U, or a successor index as
48 calculated by the United States department of labor, if such rate of
49 inflation is greater than zero percent, shall not increase more than
50 two-thirds of the increase required by subdivision two of this section
51 as applied to state wage orders in effect pursuant to subdivision one of
52 this section.
53 § 4. This act shall take effect immediately.
