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A06852 Summary:

BILL NOA06852
 
SAME ASNo Same As
 
SPONSORPalmesano
 
COSPNSRBarclay, Blankenbush, Brabenec, DeStefano, DiPietro, Fitzpatrick, Friend, Hawley, Lemondes, Manktelow, McDonough, Miller, Morinello, Ra, Reilly, Tague, Walsh
 
MLTSPNSR
 
Amd §§652, 654, 655 & 656, Lab L
 
Requires legislative approval of minimum wage increases promulgated through wage orders.
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A06852 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6852
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                     March 14, 2025
                                       ___________
 
        Introduced by M. of A. PALMESANO, BARCLAY, BLANKENBUSH, BRABENEC, DeSTE-
          FANO,  DiPIETRO,  FITZPATRICK,  FRIEND,  HAWLEY,  LEMONDES, MANKTELOW,
          McDONOUGH, MILLER, MORINELLO, RA, REILLY, TAGUE, WALSH  --  read  once
          and referred to the Committee on Labor
 
        AN  ACT  to  amend  the  labor  law,  in  relation to minimum wage order
          increases

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Section  652  of the labor law is amended by adding a new
     2  subdivision 7 to read as follows:
     3    7. New wage orders. No new minimum wage order or  modification  of  an
     4  existing  wage order issued by the commissioner pursuant to this article
     5  shall be effective until the legislature authorizes  the  wage  increase
     6  contained within such order.
     7    § 2. Section 654 of the labor law, as added by chapter 619 of the laws
     8  of 1960, is amended to read as follows:
     9    §  654.  Basis  of  changes in minimum wage.   In establishing minimum
    10  wages and regulations for any occupation or occupations pursuant to  the
    11  provisions of the following sections of this article, the wage board and
    12  the  commissioner  shall  consider  the  amount  sufficient  to  provide
    13  adequate maintenance and to protect health and, in  addition,  the  wage
    14  board and the commissioner shall consider the value of the work or clas-
    15  sification  of  work performed, and the wages paid in the state for work
    16  of like or comparable character.   Further, the commissioner  shall  use
    17  existing  employment  data to prepare an analysis of the possible aggre-
    18  gate cost incurred by businesses located within the state  of  New  York
    19  for such an increase.
    20    §  3. Subdivision 4 of section 655 of the labor law, as added by chap-
    21  ter 619 of the laws of 1960, is amended to read as follows:
    22    4. Report. Within forty-five days of the appointment of the wage board
    23  to inquire into wages in any occupation or occupations, the board  shall

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08891-01-5

        A. 6852                             2
 
     1  (a) conduct public hearings and (b) submit to the commissioner a report,
     2  including  its  recommendations  as to minimum wages and regulations for
     3  the employees in such occupation or occupations. The report  and  recom-
     4  mendations  of the board shall be submitted only after [a] the unanimous
     5  vote of [not less than a majority of] all its members in support of such
     6  report and recommendations. No report or recommendation of a panel shall
     7  be submitted without the prior vote of [not less than a majority of] all
     8  the members of the board in support of such  report  or  recommendation.
     9  The  commissioner  may  extend  up  to ninety days the time in which the
    10  report shall be submitted.
    11    § 4. Section 656 of the labor law, as added by chapter 619 of the laws
    12  of 1960, is amended to read as follows:
    13    § 656. Action by commissioner upon wage board report.   When the  wage
    14  board  submits  its  report and recommendations to the commissioner, the
    15  commissioner shall forthwith file them with the secretary of the depart-
    16  ment. Within five days of their receipt, the commissioner shall  publish
    17  a  notice  of  such  filing in at least ten newspapers of general circu-
    18  lation in the state. Any objections to the  report  and  recommendations
    19  shall  be  filed  with  the  commissioner within fifteen days after such
    20  publication. The commissioner may, if [he] such  commissioner  deems  it
    21  appropriate,  order  oral  argument, which shall be scheduled before the
    22  commissioner, or such  representative  as  [he]  such  commissioner  may
    23  designate, on five days' notice to the persons who have filed objections
    24  to the report and recommendations. Whether or not oral argument is sche-
    25  duled,  the commissioner shall [by order] accept [or], reject, or modify
    26  the board's report and  recommendations  within  forty-five  days  after
    27  filing  with  the secretary of the department and submit a report to the
    28  legislature, which shall include (i) the  recommendations  of  the  wage
    29  board;  (ii)  a  statement  indicating whether the commissioner accepts,
    30  rejects or recommends modification of the board's report and recommenda-
    31  tions; (iii) any and all objections to the  report  and  recommendations
    32  filed  with  the commissioner; and (iv) the analysis required by section
    33  six hundred fifty-four of this article. [The commissioner  may  by  such
    34  order modify the regulations recommended by the board. Such order of the
    35  commissioner  shall  become  effective thirty days after publication, in
    36  the manner prescribed in this section, of a notice of such  order.]  The
    37  commissioner  may,  within  such  forty-five  days, confer with the wage
    38  board, which may make such changes in its report or  recommendations  as
    39  it may deem fit. The commissioner also may, within such forty-five days,
    40  remand  the matter to the board for such further proceeding as [he] such
    41  commissioner may direct.
    42    § 5. This act shall take effect immediately.
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