A. 9148 Summary:

BILL NO    A09148 

SAME AS    SAME AS S06413

SPONSOR    Wright (MS)

COSPNSR    Silver, Canestrari, Farrell, Hooper, Rivera J, Skartados, Kellner

MLTSPNSR   Abbate, Abinanti, Arroyo, Aubry, Barron, Benedetto, Boyland,
           Braunstein, Brennan, Bronson, Brook-Krasny, Cahill, Camara, Castro,
           Clark, Colton, Cook, Crespo, Cymbrowitz, DenDekker, Dinowitz,
           Englebright, Espinal, Galef, Gantt, Gibson, Glick, Gottfried,
           Heastie, Hikind, Jacobs, Jaffee, Jeffries, Kavanagh, Lancman, Lavine,
           Lentol, Lifton, Linares, Lopez V, Magnarelli, Maisel, Malliotakis,
           Markey, McEneny, Meng, Miller M, Millman, Moya, Nolan, Paulin,
           Peoples-Stokes, Perry, Pretlow, Ramos, Reilly, Rivera N, Rivera P,
           Roberts, Robinson, Rodriguez, Rosenthal, Russell, Ryan, Scarborough,
           Schimel, Simanowitz, Simotas, Stevenson, Sweeney, Thiele, Titone,
           Titus, Weinstein, Weisenberg, Weprin

Amd SS651 & 652, Lab L

Relates to the minimum wage and makes technical changes to the labor law
relating thereto.
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A. 9148 Actions:

BILL NO    A09148 

01/30/2012 referred to labor
05/08/2012 reported referred to ways and means
05/08/2012 reported 
05/10/2012 advanced to third reading cal.558
05/15/2012 passed assembly
05/15/2012 delivered to senate
05/15/2012 REFERRED TO LABOR
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A. 9148 Votes:

A09148 05/15/2012 98/49
AbbateYCanestrYFriendNOJordanNOMcDonouNOQuartYSimotasY
AbinantYCastellYGabryszYKatzNOMcEnenyYRaNOSkartadY
AmedoreNOCastroYGalefYKavanagYMcKevitNORabbittNOSmardzNO
ArroyoYCerettoYGanttYKearnsYMcLaughNORaiaNOStevensY
AubryYClarkYGibsonYKellnerYMengYRamosYSweeneyY
BarclayNOColtonYGiglioNOKolbNOMill D NOReilichNOTediscoNO
BarrettYConteERGlickYLancmanYMill JMYReillyYTenneyNO
BarronYCookYGoldfedYLatimerYMill MGYRive J YThieleY
BenedetYCorwinNOGoodellNOLavineYMillmanYRive N YTitoneY
BlankenNOCrespoYGottfriYLentolYMontesaNORive PMYTitusY
BoylandYCrouchNOGrafNOLiftonYMorelleYRobertsYTobaccoNO
BoyleNOCurranNOGuntherYLinaresYMoyaYRobinsoYWalterNO
BraunstYCusickYHannaNOLope PDNOMurrayNORodriguYWeinsteY
BrennanYCymbrowYHawleyNOLope VJERNolanYRosenthYWeisenbY
BrindisNODenDekkYHeastieYLosquadNOOaksNORussellYWeprinY
BronsonYDinowitYHevesiERLupardoYO'DonneYRyanYWrightY
Brook KYDupreyNOHikindNOMageeNOOrtizYSaladinNOZebrowsY
BurlingNOEnglebrYHooperYMagnareYPalmesaNOSaywardNOMr SpkrY
ButlerNOEspinalYJacobsYMaiselYPaulinYScarborY
CahillYFarrellYJaffeeYMalliotNOPeoplesYSchimelY
CalhounNOFinchNOJeffrieYMarkeyYPerryYSchimmiNO
CamaraYFitzpatNOJohnsNOMayerYPretlowYSimanowY

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A. 9148 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         9148

                                 I N  A S S E M B L Y

                                   January 30, 2012
                                      ___________

       Introduced  by  M.  of  A.  WRIGHT, SILVER, CANESTRARI, FARRELL, HOOPER,
         J. RIVERA -- Multi-Sponsored by -- M. of A. ABBATE, ABINANTI,  ARROYO,
         AUBRY,  BARRON,  BENEDETTO,  BOYLAND,  BRAUNSTEIN,  BRENNAN,  BRONSON,
         BROOK-KRASNY, CAHILL, CAMARA, CASTRO,  CLARK,  COLTON,  COOK,  CRESPO,
         CYMBROWITZ,  DenDEKKER,  DINOWITZ, ENGLEBRIGHT, ESPINAL, GALEF, GANTT,
         GIBSON, GLICK, GOTTFRIED, HEASTIE, HIKIND, JACOBS,  JAFFEE,  JEFFRIES,
         KAVANAGH,  LANCMAN, LAVINE, LENTOL, LIFTON, LINARES, V. LOPEZ, MAGNAR-
         ELLI, MAISEL, MARKEY, McENENY, MENG, M. MILLER, MILLMAN, MOYA,  NOLAN,
         PAULIN,  PEOPLES-STOKES,  PERRY,  PRETLOW,  RAMOS,  REILLY, N. RIVERA,
         P. RIVERA, ROBERTS, ROBINSON,  RODRIGUEZ,  ROSENTHAL,  RUSSELL,  RYAN,
         SCARBOROUGH, SCHIMEL, SIMANOWITZ, SIMOTAS, STEVENSON, SWEENEY, THIELE,
         TITONE, TITUS, WEINSTEIN, WEISENBERG, WEPRIN -- read once and referred
         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    S 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    S 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:

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11388-05-2
       A. 9148                             2

    1    1. Statutory. Every employer shall pay to each of  its  employees  for
    2  each hour worked a wage of not less than:
    3    $4.25 on and after April 1, 1991,
    4    $5.15 on and after March 31, 2000,
    5    $6.00 on and after January 1, 2005,
    6    $6.75 on and after January 1, 2006,
    7    $7.15 on and after January 1, 2007,
    8    $8.50 ON AND AFTER JANUARY 1, 2013
    9    AND  ON AND AFTER JANUARY 1, 2014 AND ON EACH FOLLOWING JANUARY FIRST,
   10  THE COMMISSIONER SHALL CALCULATE AND ESTABLISH AN ADJUSTED MINIMUM  WAGE
   11  RATE  BY  INCREASING  THE  THEN CURRENT MINIMUM WAGE RATE BY THE RATE OF
   12  INFLATION FOR THE MOST RECENT TWELVE MONTH  PERIOD  AVAILABLE  PRIOR  TO
   13  EACH  JANUARY  FIRST USING THE CONSUMER PRICE INDEX-ALL URBAN CONSUMERS,
   14  CPI-U, OR A SUCCESSOR INDEX AS CALCULATED BY THE UNITED  STATES  DEPART-
   15  MENT  OF  LABOR, IF SUCH RATE OF INFLATION IS GREATER THAN ZERO PERCENT,
   16  or, if greater, such other wage as may be  established  by  federal  law
   17  pursuant  to  29 U.S.C. section 206 or its successors or such other wage
   18  as may be established in accordance with the provisions of this article.
   19    4. Notwithstanding subdivisions one and two of this section, the  wage
   20  for  an  employee who is a food service worker receiving tips shall be a
   21  cash wage of at least three dollars and thirty  cents  per  hour  on  or
   22  after  March  thirty-first,  two thousand; three dollars and eighty-five
   23  cents on or after January  first,  two  thousand  five;  at  least  four
   24  dollars  and  thirty-five  cents on or after January first, two thousand
   25  six; [and] at least four dollars and sixty cents  on  or  after  January
   26  first,  two  thousand  seven;  AND  AT LEAST FIVE DOLLARS AND EIGHTY-SIX
   27  CENTS ON OR AFTER JANUARY FIRST, TWO THOUSAND THIRTEEN; AND ON OR  AFTER
   28  JANUARY  FIRST,  TWO  THOUSAND  FOURTEEN  AND  ON EACH FOLLOWING JANUARY
   29  FIRST, THE COMMISSIONER SHALL CALCULATE AND ESTABLISH AN ADJUSTED  MINI-
   30  MUM  WAGE  RATE  BY INCREASING THE THEN CURRENT MINIMUM WAGE RATE BY THE
   31  RATE OF INFLATION FOR THE MOST  RECENT  TWELVE  MONTH  PERIOD  AVAILABLE
   32  PRIOR  TO  EACH  JANUARY  FIRST USING THE CONSUMER PRICE INDEX-ALL URBAN
   33  CONSUMERS, CPI-U, OR A SUCCESSOR  INDEX  AS  CALCULATED  BY  THE  UNITED
   34  STATES  DEPARTMENT  OF  LABOR, IF SUCH RATE OF INFLATION IS GREATER THAN
   35  ZERO PERCENT, provided that the tips of such an employee, when added  to
   36  such cash wage, are equal to or exceed the minimum wage in effect pursu-
   37  ant  to  subdivision  one  of  this section and provided further that no
   38  other cash wage is established pursuant to section  six  hundred  fifty-
   39  three of this article. In the event the cash wage payable under the Fair
   40  Labor Standards Act (29 United States Code Sec. 203 (m), as amended), is
   41  increased  after  enactment  of  this subdivision, the cash wage payable
   42  under this subdivision shall automatically be increased by  the  propor-
   43  tionate  increase  in  the cash wage payable under such federal law, and
   44  will be immediately enforceable as the cash wage payable to food service
   45  workers under this article.
   46    5. Notwithstanding subdivisions one and two of this section, meal  and
   47  lodging  allowances  for  a  food  service  worker receiving a cash wage
   48  amounting to three dollars and thirty cents per hour on or  after  March
   49  thirty-first,  two  thousand;  three dollars and eighty-five cents on or
   50  after January first, two thousand five;  four  dollars  and  thirty-five
   51  cents  on  or  after January first, two thousand six; [and] four dollars
   52  and sixty cents on or after January  first,  two  thousand  seven;  FIVE
   53  DOLLARS  AND  EIGHTY-SIX CENTS ON OR AFTER MARCH THIRTY-FIRST, TWO THOU-
   54  SAND THIRTEEN; AND ON OR AFTER MARCH THIRTY-FIRST, TWO THOUSAND FOURTEEN
   55  AND ON EACH FOLLOWING MARCH THIRTY-FIRST, THE COMMISSIONER SHALL  CALCU-
   56  LATE  AND ESTABLISH AN ADJUSTED MINIMUM WAGE RATE BY INCREASING THE THEN
       A. 9148                             3

    1  CURRENT MINIMUM WAGE RATE BY THE RATE OF INFLATION FOR THE  MOST  RECENT
    2  TWELVE MONTH PERIOD AVAILABLE PRIOR TO EACH MARCH THIRTY-FIRST USING THE
    3  CONSUMER PRICE INDEX-ALL URBAN CONSUMERS, CPI-U, OR A SUCCESSOR INDEX AS
    4  CALCULATED  BY  THE  UNITED  STATES DEPARTMENT OF LABOR, IF SUCH RATE OF
    5  INFLATION IS GREATER THAN ZERO PERCENT, shall  not  increase  more  than
    6  two-thirds  of  the increase required by subdivision two of this section
    7  as applied to state wage orders in effect pursuant to subdivision one of
    8  this section.
    9    S 4. This act shall take effect immediately.
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