S06413 Summary:

BILL NO    S06413 

SAME AS    SAME AS A09148

SPONSOR    KLEIN

COSPNSR    AVELLA, BRESLIN, CARLUCCI, HASSELL-THOMPSON, SAVINO, SERRANO,
           STAVISKY

MLTSPNSR   

Amd SS651 & 652, Lab L

Relates to the minimum wage and makes technical changes to the labor law
relating thereto.
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S06413 Actions:

BILL NO    S06413 

02/06/2012 REFERRED TO LABOR
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S06413 Votes:

There are no votes for this bill in this legislative session.
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S06413 Text:



 
                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.
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