STATE OF NEW YORK
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38--A
2013-2014 Regular Sessions
IN ASSEMBLY(Prefiled)
January 9, 2013
___________
Introduced by M. of A. WRIGHT, SILVER, HEASTIE, MORELLE, FARRELL, HOOP-
ER, RIVERA, PEOPLES-STOKES, JACOBS, MARKEY, GIBSON, MILLER, ABINANTI
-- Multi-Sponsored by -- M. of A. ABBATE, ARROYO, AUBRY, BARRON, BENE-
DETTO, BOYLAND, BRAUNSTEIN, BRENNAN, BRONSON, BROOK-KRASNY, BUCHWALD,
CAHILL, CAMARA, CASTRO, CLARK, COLTON, COOK, CRESPO, CYMBROWITZ,
DenDEKKER, DINOWITZ, ENGLEBRIGHT, ESPINAL, FAHY, GALEF, GANTT, GLICK,
GOTTFRIED, HENNESSEY, HIKIND, JAFFEE, KAVANAGH, KIM, LAVINE, LENTOL,
LIFTON, V. LOPEZ, MAGNARELLI, MAISEL, McDONALD, MILLMAN, MOSLEY, MOYA,
NOLAN, ORTIZ, OTIS, PAULIN, PERRY, PRETLOW, RAMOS, ROBERTS, ROBINSON,
RODRIGUEZ, ROSA, ROSENTHAL, ROZIC, RUSSELL, RYAN, SANTABARBARA, SCAR-
BOROUGH, SCHIMEL, SEPULVEDA, SIMANOWITZ, SIMOTAS, SKOUFIS, SOLAGES,
STECK, STEVENSON, STIRPE, SWEENEY, THIELE, TITONE, TITUS, WEINSTEIN,
WEISENBERG, WEPRIN -- read once and referred to the Committee on Labor
-- committee discharged, bill amended, ordered reprinted as amended
and recommitted to said committee
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-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
A LBD00728-02-3
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1 tative, state or municipal government or political subdivision thereof,
2 or any organized group of persons acting as employer.
3 § 3. Subdivisions 1, 4 and 5 of section 652 of the labor law, as
4 amended by chapter 747 of the laws of 2004, are amended to read as
5 follows:
6 1. Statutory. Every employer shall pay to each of its employees for
7 each hour worked a wage of not less than:
8 $4.25 on and after April 1, 1991,
9 $5.15 on and after March 31, 2000,
10 $6.00 on and after January 1, 2005,
11 $6.75 on and after January 1, 2006,
12 $7.15 on and after January 1, 2007,
13 $9.00 on and after January 1, 2014,
14 and on and after January 1, 2015 and on each following January first,
15 the commissioner shall calculate and establish an adjusted minimum wage
16 rate by increasing the then current minimum wage rate by the rate of
17 inflation for the most recent twelve month period available prior to
18 each January first using the consumer price index-all urban consumers,
19 CPI-U, or a successor index as calculated by the United States depart-
20 ment of labor, if such rate of inflation is greater than zero percent,
21 or, if greater, such other wage as may be established by federal law
22 pursuant to 29 U.S.C. section 206 or its successors or such other wage
23 as may be established in accordance with the provisions of this article.
24 4. Notwithstanding subdivisions one and two of this section, the wage
25 for an employee who is a food service worker receiving tips shall be a
26 cash wage of at least three dollars and thirty cents per hour on or
27 after March thirty-first, two thousand; three dollars and eighty-five
28 cents on or after January first, two thousand five; at least four
29 dollars and thirty-five cents on or after January first, two thousand
30 six; [and] at least four dollars and sixty cents on or after January
31 first, two thousand seven; and at least six dollars and twenty-one cents
32 on or after January first, two thousand fourteen; and on or after Janu-
33 ary first, two thousand fifteen and on each following January first, the
34 commissioner shall calculate and establish an adjusted minimum wage rate
35 by increasing the then current minimum wage rate by the rate of
36 inflation for the most recent twelve month period available prior to
37 each January first using the consumer price index-all urban consumers,
38 CPI-U, or a successor index as calculated by the United States depart-
39 ment of labor, if such rate of inflation is greater than zero percent,
40 provided that the tips of such an employee, when added to such cash
41 wage, are equal to or exceed the minimum wage in effect pursuant to
42 subdivision one of this section and provided further that no other cash
43 wage is established pursuant to section six hundred fifty-three of this
44 article. In the event the cash wage payable under the Fair Labor Stand-
45 ards Act (29 United States Code Sec. 203 (m), as amended), is increased
46 after enactment of this subdivision, the cash wage payable under this
47 subdivision shall automatically be increased by the proportionate
48 increase in the cash wage payable under such federal law, and will be
49 immediately enforceable as the cash wage payable to food service workers
50 under this article.
51 5. Notwithstanding subdivisions one and two of this section, meal and
52 lodging allowances for a food service worker receiving a cash wage
53 amounting to three dollars and thirty cents per hour on or after March
54 thirty-first, two thousand; three dollars and eighty-five cents on or
55 after January first, two thousand five; four dollars and thirty-five
56 cents on or after January first, two thousand six; [and] four dollars
A. 38--A 3
1 and sixty cents on or after January first, two thousand seven; six
2 dollars and twenty-one cents on or after January first, two thousand
3 fourteen; and on or after January first, two thousand fifteen and on
4 each following January first, the commissioner shall calculate and
5 establish an adjusted minimum wage rate by increasing the then current
6 minimum wage rate by the rate of inflation for the most recent twelve
7 month period available prior to each March thirty-first using the
8 consumer price index-all urban consumers, CPI-U, or a successor index as
9 calculated by the United States department of labor, if such rate of
10 inflation is greater than zero percent, shall not increase more than
11 two-thirds of the increase required by subdivision two of this section
12 as applied to state wage orders in effect pursuant to subdivision one of
13 this section.
14 § 4. This act shall take effect immediately.
