Extends the authority and oversight of wage boards to include the consideration of minimum standards for benefits and working conditions; changes the reference to such boards as workers' boards.
STATE OF NEW YORK
________________________________________________________________________
8474
2025-2026 Regular Sessions
IN SENATE
August 11, 2025
___________
Introduced by Sen. MAYER -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the labor law, in relation to extending the authority
and oversight of wage boards to include benefits and working condi-
tions and changes the reference to such boards as workers' boards
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Legislative intent. The legislature finds and declares
2 that:
3 1. For significant periods in our history, employers have demonstrated
4 that they can partner with employees to ensure the provision of wages
5 and conditions employees need to succeed in their work and achieve
6 economic security.
7 2. In 1960, the state adopted a minimum wage, which has served as a
8 wage floor that has substantially increased well-being for many workers
9 throughout the state.
10 3. Since its initial adoption, the economy and the workforce have
11 shifted and evolved in ways that require augmenting the minimum wage act
12 to ensure that workers can provide for themselves and their families.
13 4. Many employers have adapted to their employees' changing needs and
14 the shifts in the economy to provide more robust work-related benefits
15 and more productive working conditions, thus enhancing their workers'
16 overall well-being.
17 5. However, because existing law does not fully reflect these needs
18 and the changes in the economy and workers' lives, many employers find
19 themselves at a competitive disadvantage when they provide such benefits
20 and working conditions for their workers, and workers who are not as
21 fortunate must overcome greater struggles to succeed and thrive in their
22 careers and in their private lives.
23 6. The state's laws must adapt to changes in the economy and needs of
24 workers, and New York's establishment of the minimum wage provides a
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06864-02-5
S. 8474 2
1 framework for setting additional minimum standards for benefits and
2 working conditions that can reflect changes in the needs of workers.
3 7. Extending the authority of wage boards under the minimum wage act
4 to consider additional minimum standards for benefits and working condi-
5 tions will lead to higher levels of financial stability, health, well-
6 being, and satisfaction for workers, reduce the state's expenditures on
7 public benefits, and will create opportunities for employers and workers
8 to collaborate to develop mutually beneficial strategies for workplace
9 improvements and career pathways.
10 § 2. Section 650 of the labor law, as amended by chapter 439 of the
11 laws of 1962, is amended to read as follows:
12 § 650. Statement of public policy. There are persons employed [in
13 some occupations] in the state of New York at wages, with benefits and
14 under working conditions insufficient to [provide adequate maintenance
15 for] sustain themselves and their families. Such conditions of employ-
16 ment [impairs] impair the health, [efficiency] financial security, and
17 well-being of the persons so employed, [constitutes] constitute unfair
18 competition against other employers and their employees, [threatens]
19 threaten the stability of industry, [reduces] reduce the purchasing
20 power of employees, [and requires] require, in many instances, that
21 wages and benefits be supplemented by the payment of public moneys for
22 relief or other public and private assistance, and result in additional
23 burdens on the state and its people to support those with inadequate
24 benefits and to combat the ills caused by unacceptable working condi-
25 tions. Employment of persons at [these] insufficient rates of pay, with
26 insufficient benefits and under unacceptable working conditions threat-
27 ens the health, safety and well-being of the people of this state and
28 injures the overall economy.
29 Accordingly, it is the declared policy of the state of New York that
30 such conditions be eliminated as rapidly as practicable [without
31 substantially curtailing opportunities for employment or earning power].
32 To this end, minimum wage, minimum benefits and minimum working condi-
33 tion standards shall be established and maintained.
34 § 3. Subdivision 3 of section 651 of the labor law, as added by chap-
35 ter 619 of the laws of 1960, is amended and four new subdivisions 10,
36 11, 12 and 13 are added to read as follows:
37 3. "Board" or ["wage] "workers' board" means a board created as
38 provided in this article.
39 10. "Benefits" means compensation other than wages and salary, includ-
40 ing but not limited to health care benefits, paid family leave, sick
41 leave, childcare and retirement benefits, or in the case of benefits
42 that would otherwise be subject to the employee retirement income secu-
43 rity act of 1974, as amended, their cash equivalent.
44 11. "Working conditions" means establishment of working hours and
45 protection of the safety and health of workers, and promotion of employ-
46 ees' participation in the decisions affecting their work.
47 12. "Eligible representative" means an organization or association
48 eligible to represent employees in a given occupation or occupations
49 through a workers' board. Such an organization or association is eligi-
50 ble if it:
51 (a) is not an employer, employment agency, referral agency, or an
52 agent thereof;
53 (b) has a conflict of interest policy prohibiting the participation of
54 any individual in a decision-making role if the individual pays employ-
55 ees to complete services in the occupation or occupations for which the
56 organization is seeking representation rights;
S. 8474 3
1 (c) meets the requirements of subdivision (3), (4), (5), or (6) of
2 section 501 (c) of title 26 of the Internal Revenue Code and is an
3 organization or association that exists for the betterment of employees;
4 (d) engages in public advocacy to promote the health and well-being of
5 employees;
6 (e) has a governing structure that promotes employees' decision-making
7 power; and
8 (f) represents at least the lesser of one-half percent of the employ-
9 ees in the given occupation or occupations or sector or sectors, as
10 applicable, or one hundred employees in the given occupation or occupa-
11 tions or sector or sectors, as applicable.
12 13. "Worker organization" means an organization that is exempt from
13 federal income taxation under section 501(c)(3), 501(c)(4), or 501(c)(5)
14 of the Internal Revenue Code, that is not dominated or interfered with
15 by any employer within the meaning of United States Code, title 29,
16 section 158(a)(2), and that has at least five years of demonstrated
17 experience engaging with and advocating for workers.
18 § 4. Section 653 of the labor law, as amended by chapter 14 of the
19 laws of 2000, is amended to read as follows:
20 § 653. Investigation of adequacy of wages, benefits and working condi-
21 tions. [(1)] 1. The commissioner shall have power on [his] the commis-
22 sioner's own motion to cause an investigation to be made of the wages
23 being paid, benefits being provided, and working conditions being
24 provided to persons employed in any occupation or occupations on an
25 occupation-specific basis or sector-specific basis, but is not limited
26 to investigations within any particular occupation, sector or industry
27 to ascertain whether the minimum wages established in accordance with
28 the provisions of this article, and the benefits being provided and
29 working conditions being provided are sufficient to provide adequate
30 maintenance and to protect the health and well-being of the persons
31 employed in such occupation or occupations. The commissioner shall, on
32 the petition of fifty or more residents of the state engaged in or
33 affected by an occupation or occupations sought to be investigated,
34 cause such an investigation of such occupation or occupations to be
35 conducted. [If, on the basis of information in his possession with or
36 without such an investigation, the commissioner is of the opinion that]
37 The commissioner shall publish notice on the department's website of any
38 petition of fifty or more residents of the state engaged in or affected
39 by an occupation or occupations with respect to wages being paid, bene-
40 fits being provided, and working conditions being provided that such
41 petition has been received and that an investigation shall be conducted.
42 The notice shall provide information on the status of such investi-
43 gation, a description of the investigation's purpose, and the expected
44 date of the completion of such investigation. The investigation shall be
45 conducted in a timely manner not to exceed thirty days. If such investi-
46 gation finds evidence that any substantial number of persons employed in
47 any occupation or occupations are receiving wages and benefits or work-
48 ing under conditions insufficient to [provide adequate maintenance]
49 sustain them and to protect their health[, he] and well-being, the
50 commissioner shall appoint a [wage] workers' board to inquire into and
51 report and recommend adequate minimum wages, benefits, and working
52 conditions and regulations for employees in such occupation or occupa-
53 tions.
54 [(2)] 2. The commissioner shall, within six months after enactment of
55 any change in the statutory minimum wage set forth in subdivision one of
56 section six hundred fifty-two of this article, appoint a [wage] workers'
S. 8474 4
1 board to inquire [and], report and recommend any changes to wage orders
2 governing wages payable to food service workers. Such [wage] workers'
3 board shall be established consistent with the provisions of subdivision
4 one of section six hundred fifty-five of this article, except the repre-
5 sentatives of the employees shall be selected upon the nomination of the
6 state American Federation of Labor/Congress of Industrial Organizations;
7 and provided, further, that the representatives of the employers shall
8 be selected upon the nomination of the New York State Business Council.
9 [Any wage order authorizing] No such wage order may authorize a lesser
10 wage than the previously and statutorily mandated minimum wage for such
11 employees [shall be reviewed by the wage board to ascertain at what
12 level such wage order is sufficient to provide adequate maintenance and
13 to protect the health and livelihood of employees subject to such a wage
14 order after a statutory increase in the mandated minimum wage].
15 3. In addition to the commissioner's power to appoint a workers' board
16 pursuant to subdivision one of this section, the legislature shall have
17 the power, by joint resolution, to direct the commissioner to appoint a
18 workers' board with respect to one or more occupations.
19 § 5. The labor law is amended by adding a new section 653-a to read as
20 follows:
21 § 653-a. Workers' board duties. A workers' board shall:
22 1. evaluate and make findings regarding factors that may contribute to
23 why a substantial number of persons employed in the relevant occupation
24 or occupations is receiving insufficient wages and benefits or working
25 under conditions insufficient to protect their health and well-being;
26 and
27 2. make recommendations regarding:
28 (a) compensation standards, including but not limited to minimum wage
29 rate increases;
30 (b) minimum benefits, and the provision thereof, provided that such
31 recommendations shall include an option to provide the cash equivalent
32 of any benefits that would otherwise be subject to the employee retire-
33 ment income security act of 1974, as amended;
34 (c) minimum working conditions; and
35 (d) regulations appropriate to carry out the purposes of this article
36 and to safeguard minimum wages, minimum benefits and minimum working
37 conditions; and
38 3. conduct its inquiries in a manner that encourages engagement,
39 discussion, negotiation, and agreement between employers and employees.
40 § 6. Section 654 of the labor law, as added by chapter 619 of the laws
41 of 1960, is amended to read as follows:
42 § 654. Basis of changes in minimum wage, minimum benefits, and minimum
43 working conditions. In establishing minimum wages, minimum benefits,
44 and minimum working conditions and regulations for any occupation or
45 occupations and any sector or sectors pursuant to the provisions of the
46 following sections of this article, the [wage] workers' board and the
47 commissioner shall consider the [amount] wages, benefits and working
48 conditions sufficient to provide adequate maintenance and to protect
49 health and well-being and, in addition, the [wage] workers' board and
50 the commissioner shall consider the value of the work or classification
51 of work performed, and the wages paid, benefits provided and working
52 conditions provided in the state for work of like or comparable charac-
53 ter.
54 § 7. Section 655 of the labor law, as added by chapter 619 of the laws
55 of 1960, subdivision 1 as amended by chapter 55 of the laws of 1992,
56 paragraph (a) of subdivision 5 as amended by chapter 439 of the laws of
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1 1962, and paragraphs (b) and (c) of subdivision 5 as amended by chapter
2 747 of the laws of 1978, is amended to read as follows:
3 § 655. [Wage] Workers' board[;] composition; powers and procedure;
4 report; recommendations. 1. [Wage] Workers' board composition. A
5 [wage] workers' board shall be composed of [not more than] the commis-
6 sioner or their designee, the head of the relevant agency or their
7 designee, three representatives of employers, an equal number of eligi-
8 ble representatives of employees and [an equal number of] two persons
9 selected from the general public[. The commissioner shall appoint the
10 members of the board, the], each of whom shall be appointed by the
11 commissioner.
12 (a) The representatives of the employers [and employees to] shall be
13 selected so far as practicable from nominations submitted by employers
14 [and employees] in such occupation or occupations.
15 (b) The representatives of the employees shall be selected among
16 eligible representatives indicating an interest in so serving. Where
17 multiple eligible representatives have indicated interest in serving on
18 a workers' board, the eligible representatives most representative of
19 affected employees shall be selected. In cases where there are not yet
20 any organizations or associations that can demonstrate they represent a
21 sufficient number of employees in the occupation or occupations to qual-
22 ify as an eligible representative, appointments shall be made from the
23 organizations most likely to represent the interests of such employees.
24 (c) The members of the general public shall be representative of the
25 geographic, racial, and ethnic diversity of the state and shall have
26 significant experience in labor matters or the occupation or occupations
27 in question.
28 (d) The commissioner shall designate as the [chairman] chair one of
29 the members selected from the general public.
30 (e) The members of the board shall not receive a salary or other
31 compensation, but shall be paid actual and necessary traveling and other
32 expenses [while engaged] incurred in the performance of their duties.
33 (f) Members shall serve five-year terms unless they resign, become
34 deceased or otherwise unable to perform the functions of the position,
35 or are removed by the commissioner for good cause shown.
36 (g) Vacancies on the board shall be filled in the same manner as
37 provided for in paragraphs (a), (b), and (c) of this subdivision.
38 [2. Organization. The chairman of the board is authorized to delegate
39 to a panel of the members, composed of an equal number of employer,
40 employee and public members, any or all of the powers which the board
41 itself may exercise, except as otherwise provided in subdivision four of
42 this section.] (h) Two-thirds of the members of the board [or of a
43 panel, as the case may be,] shall constitute a quorum. [The commissioner
44 may from time to time formulate rules governing the manner in which the
45 wage board shall function and perform its duties under this article.
46 3.] 2. Powers and procedure. (a) The [wage] workers' board shall have
47 power to conduct public hearings. Any such public hearings shall:
48 (i) be held at such a time, in such a location, and in such a facility
49 that ensures accessibility for employees;
50 (ii) include interpretation services in the eight languages most
51 commonly spoken by employees in the relevant occupation or occupations
52 in the geographic region of the hearing;
53 (iii) be held in each of the regions served by the regional offices of
54 the department in which the relevant occupation or occupations exists;
55 and
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1 (iv) include employee organizations in helping to populate the hear-
2 ings.
3 (b) The board may also consult with employers and employees, and their
4 respective representatives, in the occupation or occupations involved,
5 and with such other persons, including the commissioner, as it shall
6 determine.
7 (c) The board shall also have power to administer oaths and to require
8 by subpoena the attendance and testimony of witnesses, and the
9 production of all books, records, and other evidence relative to any
10 matters under inquiry. Such subpoenas shall be signed and issued by the
11 [chairman] chair of the board, or any other public member, and shall be
12 served and have the same effect as if issued out of the supreme court.
13 The board shall have power to cause depositions of witnesses residing
14 within or without the state to be taken in the manner prescribed for
15 like depositions in civil actions in the supreme court. The board shall
16 not be bound by common law or statutory rules of procedure or evidence.
17 [4.] 3. Report. (a) Within [forty-five] ninety days of the appointment
18 of the [wage] workers' board to inquire into wages, benefits or working
19 conditions in any occupation or occupations, the board shall [(a)] (i)
20 conduct public hearings in accordance with paragraph (a) of subdivision
21 two of this section and [(b)] (ii) submit to the commissioner a report,
22 including its recommendations as to minimum wages, minimum benefits, and
23 minimum working conditions and regulations for the employees in such
24 occupation or occupations as required by section six hundred fifty-
25 three-a of this article. The report and recommendations of the board
26 shall be submitted only after a vote of not less than a majority of all
27 its members in support of such report and recommendations. No report or
28 recommendation of a panel shall be submitted without the prior vote of
29 not less than a majority of all the members of the board in support of
30 such report or recommendation. The commissioner may extend up to ninety
31 days the time in which the report shall be submitted.
32 (b) Every three years after the initial appointment of the workers'
33 board, the board shall submit to the commissioner a subsequent report
34 conforming to the requirements of paragraph (a) of this subdivision.
35 [5.] 4. Minimum wage, minimum benefits and minimum working conditions
36 recommendations. (a) The minimum wage, minimum benefits and minimum
37 working conditions recommended by the [wage] workers' board shall not be
38 [in excess of an amount] less than what is sufficient to provide
39 adequate maintenance and to protect the health and well-being of the
40 employees. In no event, however, shall any minimum wage recommended by
41 the board be less than the wage specified in section six hundred fifty-
42 two of this [chapter] article, except [(1) as expressly otherwise
43 provided in paragraph (c) of this subdivision, and (2)] where the board
44 finds conditions of employment are such as to make an hourly rate
45 impracticable, in which event the board may recommend a wage rate other
46 than an hourly rate, provided that such recommended rate carries out the
47 purposes of this article and safeguards the minimum wage specified in
48 section six hundred fifty-two of this [chapter] article. The board may
49 classify [employments] employment in any occupation according to the
50 nature of the work rendered and recommend minimum wages, minimum bene-
51 fits and minimum working conditions in accordance with such classifica-
52 tion. The board may also recommend [a] minimum [wage] wages, minimum
53 benefits and minimum working conditions varying with localities if, in
54 the judgment of the board, conditions make such variation appropriate.
55 (b) In addition to recommendations for minimum wages, the [wage] work-
56 ers' board may recommend such regulations as it deems appropriate to
S. 8474 7
1 carry out the purposes of this article and [to safeguard minimum wages].
2 Such recommended regulations may include regulations defining the exclu-
3 sions from the term "employee" set forth in subdivision five of section
4 six hundred fifty-one of this article. Such recommended regulations may
5 also include, but are not limited to, regulations governing piece rates,
6 incentives, and commissions in relation to time rates; overtime or part-
7 time rates; waiting time and call-in pay rates; wage rate provisions
8 governing split shift, excessive spread of hours and weekly guarantees;
9 and allowances for gratuities and, when furnished by the employer to
10 [his] the employer's employees, for meals, lodging, apparel and other
11 such items, services and facilities.
12 [(c) The wage board may also recommend, to the extent necessary in
13 order to prevent curtailment of opportunities for employment, regu-
14 lations for (1) the employment of learners and apprentices, under
15 special certificates issued by the commissioner, at such wages lower
16 than the minimum wage established by this article and subject to such
17 limitations as to time, number, proportion and length of service as
18 shall be prescribed in such regulation, (2) the employment of individ-
19 uals whose earning capacity is affected or impaired by youth or age or
20 by physical or mental deficiency or injury, under special certificates
21 issued by the commissioner, at such wages lower than the minimum wage
22 established by this article and for such period as shall be prescribed
23 in such regulation, (3) the establishment of a period not extending
24 beyond seventeen consecutive weeks during which a resort hotel or camp
25 may employ students under special certificates issued by the commission-
26 er, at such wages lower than the minimum wage established by this arti-
27 cle as shall be prescribed in such regulation, and (4) the employment of
28 residential employees in a non-profit making religious, charitable or
29 educational organization or in a non-profit making college or university
30 sorority or fraternity under special certificates issued by the commis-
31 sioner at such weekly wage as shall be prescribed in such regulation.]
32 § 8. Section 656 of the labor law, as added by chapter 619 of the laws
33 of 1960, is amended to read as follows:
34 § 656. Action by commissioner upon [wage] workers' board report. When
35 the [wage] workers' board submits its report and recommendations to the
36 commissioner, the commissioner shall forthwith file them with the secre-
37 tary of the department. Within five days of their receipt, the commis-
38 sioner shall publish a notice of such filing in at least ten newspapers
39 of general circulation in the state. Any objections to the report and
40 recommendations shall be filed with the commissioner within fifteen days
41 after such publication. The commissioner may, if [he] the commissioner
42 deems it appropriate, order oral argument, which shall be scheduled
43 before the commissioner, or such representative as [he] the commissioner
44 may designate, on five days' notice to the persons who have filed
45 objections to the report and recommendations. Whether or not oral argu-
46 ment is scheduled, the commissioner shall by order accept or reject the
47 board's report and recommendations within forty-five days after filing
48 with the secretary of the department, provided that the commissioner may
49 only reject the board's report and recommendations if the commissioner
50 finds no substantial evidence to support such recommendations. [The
51 commissioner may by such order] In industries that the department deter-
52 mines rely predominantly on the appropriation of public funds, if the
53 cost of such recommendation exceeds existing appropriations, the commis-
54 sioner may make acceptance of a specific recommendation contingent upon
55 a subsequent appropriation or modify the regulations recommended by the
56 board, provided that such modifications do not have the effect of reduc-
S. 8474 8
1 ing the minimum wage, minimum benefits and minimum working conditions
2 required under existing rules or regulations. If a specific recommenda-
3 tion is rejected because of insufficient appropriations, the commission-
4 er shall consult with the commissioner or director of the relevant
5 department or agency to request such appropriation. Such order of the
6 commissioner shall become effective thirty days after publication, in
7 the manner prescribed in this section, of a notice of such order. The
8 commissioner may, within such forty-five days, confer with the wage
9 board, which may make such changes in its report or recommendations as
10 it may deem fit. [The commissioner also may, within such forty-five
11 days, remand the matter to the board for such further proceeding as he
12 may direct.] The provisions of this article shall in no way restrict any
13 county or municipality from enacting laws or regulations which provide
14 for minimum wages, minimum benefits, or minimum working conditions which
15 are more favorable than those provided pursuant to any order or regu-
16 lation issued by the commissioner under this article, nor shall any such
17 enacted laws or regulations be preempted by the provisions of this arti-
18 cle.
19 § 9. The labor law is amended by adding a new section 656-a to read as
20 follows:
21 § 656-a. Modifications without workers' board determinations. If an
22 established workers' board fails to make determinations under this
23 section within any three-year period as required pursuant to paragraph
24 (b) of subdivision four of section six hundred fifty-five of this arti-
25 cle, the minimum wages and, to the extent applicable, minimum benefits,
26 for the occupation or occupations in question shall be increased in a
27 manner which corresponds to the rate of inflation for the most recent
28 twelve-month period ending June of that year based on the consumer
29 price index for all urban consumers on a national and seasonally
30 unadjusted basis, or a successor index as calculated by the United
31 States department of labor. Such increase shall take effect on the
32 date which is one year after the end of such three-year period and shall
33 account for aggregate inflation over the four years prior to such date.
34 § 10. The labor law is amended by adding a new section 656-b to read
35 as follows:
36 § 656-b. Training. 1. Certification of worker organizations. The
37 department shall certify worker organizations that it finds are quali-
38 fied to provide training to the workers affected by the determinations
39 of a workers' board. The department shall establish criteria that a
40 worker organization must meet in order to be certified to provide train-
41 ing and provide a process for renewal of certification upon the board's
42 review of the worker organization's compliance with this section. Such
43 criteria shall ensure that a certified worker organization is capable
44 and eligible to provide effective, interactive training on the new stan-
45 dards and follow-up written materials and responses to inquiries from
46 workers in the languages in which workers are proficient. The department
47 shall give particular consideration to worker organizations, such as
48 labor unions and worker centers, that have experience training workers.
49 2. Curriculum. The board shall establish requirements for the curric-
50 ulum for the training required concerning the applicable minimum compen-
51 sation, benefits and working conditions established by the board; the
52 antiretaliation protections established in section two hundred fifteen
53 of this chapter; information on how to enforce section six hundred
54 fifty-six of this article and on how to report violations, including
55 contact information for the department, the board, and any local
56 enforcement agencies, and information on the remedies available for
S. 8474 9
1 violations; the purposes and functions of the board and information on
2 upcoming hearings, investigations, or other opportunities for workers to
3 become involved in board proceedings; and any updates or changes to the
4 information provided since the most recent training session; information
5 on labor standards in other applicable local, state, and federal laws,
6 rules, and regulations regarding general working conditions or worker
7 health and safety or that are specific to the industry. The board shall
8 review the adequacy of the curriculum requirements at least annually and
9 shall revise the requirements as appropriate.
10 3. Duties of certified worker organizations. A certified worker organ-
11 ization shall use a curriculum for its training sessions that meets
12 requirements established by the board; provide trainings that are inter-
13 active and conducted in the languages in which the attending workers are
14 proficient; at the end of each training session, provide attending work-
15 ers with follow-up written or electronic materials on the topics covered
16 in the training session, in order to fully inform workers of their
17 rights and opportunities; and make itself reasonably available to
18 respond to inquiries from workers during and after training sessions.
19 Such organization may conduct surveys of workers who attend a training
20 session to assess the effectiveness of the training session and industry
21 compliance with applicable laws, rules, and ordinances governing working
22 conditions or worker health and safety.
23 4. Employer duties regarding training. Employers shall submit written
24 documentation to the department to certify that when the board alters
25 wages, benefits or working conditions, each worker shall complete one
26 hour of training that meets the requirements of this section and is
27 provided by a certified worker organization. If requested by a certified
28 worker organization, an employer shall, after a training session
29 provided by the certified worker organization, provide such organization
30 with the names and contact information of the workers who attended the
31 training session, unless a worker opts out. An employee may opt out of
32 having the worker's employer provide the worker's name and contact
33 information to a certified worker organization that provided a training
34 session attended by the worker by submitting a written statement to that
35 effect to the employer.
36 5. Training compensation. Employers shall compensate their employees
37 at their regular hourly rate of wages and benefits for each hour of
38 training completed as required by this section and reimburse any reason-
39 able travel expenses associated with attending training sessions not
40 held on the premises of the employees' routine work location.
41 § 11. Section 657 of the labor law, as added by chapter 619 of the
42 laws of 1960, subdivision 2 as amended by chapter 102 of the laws of
43 1968 and subdivision 5 as amended by chapter 310 of the laws of 1962, is
44 amended to read as follows:
45 § 657. Appeals from [wage] orders and regulations. 1. Finality. Any
46 minimum wage, minimum benefits or minimum working conditions order and
47 regulation issued by the commissioner pursuant to this article shall,
48 unless appealed from as provided in this section, be final. The findings
49 of the commissioner as to the facts shall be conclusive on any appeal
50 from an order of the commissioner issued pursuant to [sections] section
51 six hundred fifty-two, six hundred fifty-six, or six hundred fifty-nine
52 of this article.
53 2. Review by board of standards and appeals. Any person in interest,
54 including a labor organization, eligible representative or employer
55 association, in any occupation for which a minimum wage, minimum bene-
56 fits or minimum working conditions order or regulation has been issued
S. 8474 10
1 under the provisions of this article who is aggrieved by such order or
2 regulation may obtain review before the board of standards and appeals
3 by filing with said board, within forty-five days after the date of the
4 publication of the notice of such order or regulation, a written peti-
5 tion requesting that the order or regulation be modified or set aside. A
6 copy of such petition shall be served promptly upon the commissioner and
7 the workers' board issuing the report and recommendations from which the
8 applicable order or regulation arose. On such appeal, the commissioner
9 shall certify and file with the board of standards and appeals a tran-
10 script of the entire record, including the testimony and evidence upon
11 which such order or regulation was made and the report of the [wage]
12 workers' board. The board of standards and appeals, upon the record
13 certified and filed by the commissioner, shall, after oral argument,
14 determine whether the order or regulation appealed from is contrary to
15 law. Within forty-five days after the expiration of the time for the
16 filing of a petition, the board of standards and appeals shall issue an
17 order confirming, amending or setting aside the order or regulation
18 appealed from. The appellate jurisdiction of the board of standards and
19 appeals shall be exclusive and its order final except that the same
20 shall be subject to an appeal taken directly to the appellate division
21 of the supreme court, third judicial department, within sixty days after
22 its order is issued. The commissioner and the workers' board shall each
23 be considered an aggrieved party entitled to take an appeal from an
24 order of the board of standards and appeals.
25 3. Security. The taking of an appeal by an employer to the board of
26 standards and appeals shall in no event operate as a stay of a minimum
27 working conditions order or regulation issued under this article and
28 shall not operate as a stay of a minimum wage or minimum benefits order
29 or regulation issued under this article unless and until, and only so
30 long as, the employer shall have provided security determined by the
31 board of standards and appeals in accordance with this section. The
32 security shall be sufficient to guarantee to the employees affected the
33 payment of the difference between the wage and the cash value of the
34 benefits they receive and the minimum wage and the cash value of the
35 minimum benefits they would be entitled to receive under the terms of
36 the minimum wage order, minimum benefits order or regulation (such
37 [difference] differences being hereinafter referred to as "underpay-
38 ments") in the event that such order or regulation is affirmed by the
39 board of standards and appeals. The security shall be either:
40 a. A bond filed with the board of standards and appeals issued by a
41 fidelity or surety company authorized to do business in this state. The
42 bond shall be sufficient to cover the amount of underpayments due at the
43 time the bond is filed with the board of standards and appeals and the
44 amount of underpayments that can reasonably be expected to accrue within
45 the following sixty days; or
46 b. An escrow account established by the employer [in] on behalf of
47 employees and deposited in a bank or trust company in this state, of
48 which the employer has notified the board of standards and appeals in
49 writing that [he] such employer has established such account. The
50 account shall be sufficient to cover the amount of underpayments due at
51 the time of notification to the board of standards and appeals and shall
52 be kept current by the employer depositing therein the amount of under-
53 payments accruing each and every pay period. Such deposits shall be made
54 no later than the day on which the wages for each pay period are paya-
55 ble. As an alternative thereto, an employer may deposit the amount of
56 underpayments due at the time the deposit is made and the amount of
S. 8474 11
1 underpayments that can reasonably be expected to accrue within the
2 following sixty days, as determined by the board of standards and
3 appeals. The employer shall keep accurate records showing the total
4 amount of each deposit, the period covered, and the name and address of
5 each employee and the amount deposited to [his] such employee's account.
6 The employees' escrow account shall be deemed to be a trust fund for the
7 benefit of the employees affected, and no bank or trust company shall
8 release funds in such account without the written approval of the board
9 of standards and appeals.
10 4. Maintenance of security. The commissioner, at the request and on
11 behalf of the board of standards and appeals, shall have the right to
12 inspect the books and records of every employer who appeals from an
13 order or who provides a security in accordance with subdivision [eight]
14 seven of this section. In the event that the board of standards and
15 appeals finds that the security provided by an employer is insufficient
16 to cover the amount of underpayments, it shall notify the employer to
17 increase the amount of the security. If the employer fails to increase
18 the security to the amount requested within seven days after such
19 notice, the stay shall be terminated. If the board of standards and
20 appeals finds that the amount of the security is excessive, it shall
21 decrease the amount of security required.
22 5. Review of determination as to security. Notwithstanding any
23 provision in this chapter, any determination of the board of standards
24 and appeals with reference to subdivisions three and four of this
25 section shall be reviewable only by a special proceeding under article
26 seventy-eight of the civil practice law and rules instituted in the
27 supreme court in the third judicial district within ten days after such
28 determination.
29 6. Security on court review. In the event that an appeal is taken from
30 the order of the board of standards and appeals to the supreme court in
31 the third judicial district pursuant to subdivision two of this section,
32 the court may continue the security in effect or require such security
33 as it deems proper.
34 7. [Waiver of security. Notwithstanding any provision in this section,
35 the board of standards and appeals may, in its discretion, waive the
36 requirement of a security for an employer who the board of standards and
37 appeals finds is of such financial responsibility that payments to
38 employees of any underpayments due or to accrue are assured without the
39 security provided by this section.
40 8.] Stay for other employers. Any employer affected by a minimum wage,
41 minimum benefits or minimum working conditions order or regulation from
42 which an appeal has been taken by another employer to the board of stan-
43 dards and appeals or to the supreme court in the third judicial
44 district, may obtain [a] the employer's own respective stay of
45 proceedings [against him] with respect to minimum wages or minimum bene-
46 fits by providing a security in accordance with subdivisions three and
47 four of this section within thirty days after the filing of the appeal
48 by the other employer.
49 § 12. Section 658 of the labor law, as amended by chapter 443 of the
50 laws of 1981, is amended to read as follows:
51 § 658. Appeals from compliance orders. An appeal pursuant to section
52 two hundred eighteen or two hundred nineteen of this chapter from an
53 order issued by the commissioner directing compliance with any provision
54 of this article or with any minimum wage, minimum benefits or minimum
55 working conditions order or regulation promulgated thereunder, shall not
56 bring under review any minimum wage, minimum benefits or minimum working
S. 8474 12
1 conditions order or regulation promulgated under this article. The
2 provisions of subdivision two of section six hundred fifty-seven of this
3 article relating to appeals from determinations of the board and the
4 provisions of subdivisions three through [seven] six of section six
5 hundred fifty-seven of this article shall apply to an appeal from a
6 compliance order.
7 § 13. Section 659 of the labor law, as added by chapter 619 of the
8 laws of 1960, is amended to read as follows:
9 § 659. Reconsideration of [wage] orders and regulations. 1. By [wage]
10 workers' board. At any time after a minimum wage, minimum benefits, or
11 minimum working conditions order has been in effect for six months or
12 more, the commissioner, on [his] the commissioner's own motion or on a
13 petition of fifty or more residents of the state engaged in or affected
14 by the occupation or occupations to which an order is applicable, may
15 reconvene the same [wage] workers' board or appoint a new [wage] work-
16 ers' board to recommend whether or not the minimum wage, minimum bene-
17 fits, minimum working conditions and regulations prescribed by such
18 order should be modified, and the provisions of section six hundred
19 fifty-five through six hundred fifty-seven of this article shall there-
20 after apply.
21 2. By commissioner. The commissioner, without referral to the [wage]
22 workers' board, may, at any time after public hearing, by order propose
23 such modifications of or additions to any regulations as [he] such
24 commissioner may deem appropriate to effectuate the purposes of this
25 article. Notice of hearing and promulgation of any such order shall be
26 published in accordance with the provisions contained in section six
27 hundred fifty-six of this article. Such order shall be effective thirty
28 days after such publication and section six hundred fifty-seven of this
29 article shall thereafter apply.
30 3. Notwithstanding subdivisions one and two of this section, no
31 modification may be made pursuant to this section which has the effect
32 of reducing the minimum wage, reducing benefits, making working condi-
33 tions less favorable to employees, or affecting the regulations in a
34 manner that adversely affects employees of the applicable occupation or
35 occupations or sector or sectors without the unanimous approval of the
36 workers' board which submitted the report out of which arose the appli-
37 cable minimum wage, minimum benefits, or minimum working conditions
38 order.
39 § 14. Section 660 of the labor law, as added by chapter 619 of the
40 laws of 1960, is amended to read as follows:
41 § 660. Commissioner's powers of investigation. The commissioner or
42 [his] the commissioner's authorized representative shall have power:
43 [(a)] 1. to investigate the wages, benefits and working conditions of
44 persons in any occupation in the state;
45 [(b)] 2. to enter the place of business or employment of any employer
46 for the purpose of [(1)] (a) examining and inspecting any and all
47 books, registers, payrolls and other records that in any way relate to
48 or have a bearing upon the wages paid to, [or] the benefits provided to,
49 the hours worked by, or other working conditions for, any employees,
50 [(2)] (b) ascertaining whether the provisions of this article and the
51 orders and regulations promulgated hereunder are being complied with;
52 and
53 [(c)] 3. to require from any employer full and correct statements and
54 reports in writing, at such times as the commissioner may deem neces-
55 sary, of the wages paid to [and], the benefits provided to, the hours
S. 8474 13
1 worked by [his], and other working conditions applicable to, such
2 employer's employees.
3 § 15. Section 661 of the labor law, as amended by chapter 564 of the
4 laws of 2010, is amended to read as follows:
5 § 661. Records of employers. For all employees covered by this arti-
6 cle, every employer shall establish, maintain, and preserve for not less
7 than six years contemporaneous, true, and accurate payroll records show-
8 ing for each week worked the hours worked, the rate or rates of pay and
9 basis thereof, whether paid by the hour, shift, day, week, salary,
10 piece, commission, or other basis; gross wages; benefits; deductions;
11 allowances, if any, claimed as part of the minimum wage; and net wages
12 for each employee, plus such other information as the commissioner deems
13 material and necessary. For all employees who are not exempt from over-
14 time compensation as established in the commissioner's minimum wage
15 orders or otherwise provided by New York state law or regulation, the
16 payroll records must include the regular hourly rate or rates of pay,
17 the overtime rate or rates of pay, the number of regular hours worked,
18 and the number of overtime hours worked. For all employees paid a piece
19 rate, the payroll records shall include the applicable piece rate or
20 rates of pay and number of pieces completed at each piece rate. On
21 demand, the employer shall furnish to the commissioner or [his] the
22 commissioner's duly authorized representative a sworn statement of the
23 hours worked, rate or rates of pay and basis thereof, whether paid by
24 the hour, shift, day, week, salary, piece, commission, or other basis;
25 gross wages; benefits; deductions; and allowances, if any, claimed as
26 part of the minimum wage, for each employee, plus such other information
27 as the commissioner deems material and necessary. Every employer shall
28 keep such records open to inspection by the commissioner or [his] the
29 commissioner's duly authorized representative at any reasonable time.
30 Every employer of an employee shall keep a digest and summary of this
31 article or applicable wage, benefits or working conditions order, which
32 shall be prepared by the commissioner, posted in a conspicuous place in
33 [his establishment] the place or places of work and shall also keep
34 posted such additional copies of said digest and summary as the commis-
35 sioner prescribes. Employers shall, on request, be furnished with copies
36 of this article and of orders, and of digests and summaries thereof,
37 without charge. Employers shall permit the commissioner or [his] the
38 commissioner's duly authorized representative to question without inter-
39 ference any employee of such employer in a private location at the place
40 of employment and during working hours in respect to the wages paid to
41 [and], benefits provided to, the hours worked by, and the other working
42 conditions for, such employee or other employees.
43 § 16. Section 662 of the labor law, as amended by chapter 564 of the
44 laws of 2010, is amended to read as follows:
45 § 662. Penalties. 1. Failure to pay minimum wage or overtime compen-
46 sation, provided minimum benefits, or provide minimum working
47 conditions. Any employer or [his or her] such employer's agent, or the
48 officer or agent of any corporation, partnership, or limited liability
49 company, who pays or agrees to pay to any employee less than the wage
50 applicable under this article, provides benefits less than benefits
51 applicable under this article, or which subjects any employee to working
52 conditions inferior to what is applicable under this article shall be
53 guilty of a misdemeanor and upon conviction therefor shall be fined not
54 less than five hundred nor more than twenty thousand dollars or impri-
55 soned for not more than one year, and, in the event that any second or
56 subsequent offense occurs within six years of the date of conviction for
S. 8474 14
1 a prior offense, shall be guilty of a felony for the second or subse-
2 quent offense, and upon conviction therefor, shall be fined not less
3 than five hundred nor more than twenty thousand dollars or imprisoned
4 for not more than one year plus one day, or punished by both such fine
5 and imprisonment, for each such offense. Each [payment to any employee
6 in any week of less than the wage applicable under this article] week
7 during which such a violation occurs shall constitute a separate offense
8 for each such violation.
9 2. Failure to keep records. Any employer or [his or her] such employ-
10 er's agent, or the officer or agent of any corporation, partnership, or
11 limited liability company, who fails to keep the records required under
12 this article or to furnish such records or any information required to
13 be furnished under this article to the commissioner or [his or her] such
14 commissioner's authorized representative upon request, or who hinders or
15 delays the commissioner or [his or her] such commissioner's authorized
16 representative in the performance of [his or her] such commissioner's
17 duties in the enforcement of this article, or refuses to admit the
18 commissioner or [his or her] such commissioner's authorized represen-
19 tative to any place of employment, or falsifies any such records or
20 refuses to make such records accessible to the commissioner or [his or
21 her] such commissioner's authorized representative, or refuses to
22 furnish a sworn statement of such records or any other information
23 required for the proper enforcement of this article to the commissioner
24 or [his or her] such commissioner's authorized representative, shall be
25 guilty of a misdemeanor and upon conviction therefor shall be fined not
26 less than five hundred nor more than five thousand dollars or imprisoned
27 for not more than one year, and, in the event that any second or subse-
28 quent offense occurs within six years of the date of conviction for a
29 prior offense, shall be guilty of a felony for the second or subsequent
30 offense, and upon conviction therefor, shall be fined not less than five
31 hundred nor more than twenty thousand dollars or imprisoned for not more
32 than one year plus one day, or punished by both such fine and imprison-
33 ment, for each such offense. Each day's failure to keep the records
34 requested under this article or to furnish such records or information
35 to the commissioner or [his or her] such commissioner's authorized
36 representative shall constitute a separate offense.
37 § 17. Section 663 of the labor law, as amended by chapter 564 of the
38 laws of 2010, subdivision 3 as amended by chapter 2 of the laws of 2015,
39 is amended to read as follows:
40 § 663. Civil action. 1. By employee. If any employee is paid by [his
41 or her] their employer less than the wage, is provided benefits less
42 than the minimum benefits, or is subject to working conditions inferior
43 to the minimum working conditions, in each case, to which [he or she]
44 the employee is entitled under the provisions of this article, [he or
45 she] the employee shall recover in a civil action the amount of any such
46 [underpayments] underpayment of wages, the monetary value of the defi-
47 ciency in benefits and compensation for deficiency in working condi-
48 tions, including any damages suffered as a result thereof, together with
49 costs, all reasonable attorney's fees, prejudgment interest as required
50 under the civil practice law and rules, and unless the employer proves a
51 good faith basis to believe that [its underpayment of] such deficiency
52 in wages, benefits or working conditions was in compliance with the law,
53 an additional amount as liquidated damages equal to one hundred percent
54 of the total of [such underpayments] amounts otherwise found to be due
55 pursuant to this subdivision. Any agreement between the employee, and
56 the employer to work for less than [such] the minimum wage, for less
S. 8474 15
1 than the minimum benefits or without minimum working conditions shall be
2 no defense to such action.
3 2. By commissioner. On behalf of any employee paid less than the wage,
4 provided with benefits less than the minimum benefits, or subject to
5 working conditions inferior to the minimum working conditions, in each
6 case, to which the employee is entitled under the provisions of this
7 article, the commissioner may bring any legal action necessary, includ-
8 ing administrative action, to collect such claim, and the employer shall
9 be required to pay the full amount of the underpayment of wages, the
10 monetary value of the deficiency in benefits, and compensation for defi-
11 ciency in working conditions, including any damages suffered as a result
12 thereof, plus costs, and unless the employer proves a good faith basis
13 to believe that [its underpayment] such deficiency in wages, benefits or
14 working conditions was in compliance with the law, an additional amount
15 as liquidated damages. Liquidated damages shall be calculated by the
16 commissioner as no more than one hundred percent of the total [amount of
17 underpayments] amounts otherwise found to be due the employee pursuant
18 to this subdivision. In any action brought by the commissioner in a
19 court of competent jurisdiction, liquidated damages shall be calculated
20 as an amount equal to one hundred percent of [underpayments] the aggre-
21 gate amounts otherwise found to be due the employee pursuant to this
22 subdivision.
23 3. By an eligible representative. If any employee is paid by their
24 employer less than the wage, is provided benefits less than the minimum
25 benefits, or is subject to working conditions inferior to the minimum
26 working conditions, in each case, to which the employee is entitled
27 under the provisions of this article, any eligible representative of
28 such employee may bring a civil action to recover the amount of any such
29 underpayment of wages, the monetary value of the deficiency in benefits
30 and compensation for deficiency in working conditions, including any
31 damages suffered as a result thereof, together with costs, all reason-
32 able attorney's fees, prejudgment interest as required under the civil
33 practice law and rules, and unless the employer proves a good faith
34 basis to believe that such deficiency in wages, benefits or working
35 conditions was in compliance with the law, an additional amount as
36 liquidated damages equal to one hundred percent of the total of amounts
37 otherwise found to be due pursuant to this subdivision. Any agreement
38 between the employee, and the employer to work for less than the minimum
39 wage, for less than the minimum benefits or without minimum working
40 conditions shall be no defense to such action.
41 4. By the attorney general. On behalf of any employee paid less than
42 the minimum wage, provided with benefits less than the minimum benefits,
43 or subject to working conditions inferior to the minimum working condi-
44 tions, in each case, to which the employee is entitled under the
45 provisions of this article, the commissioner may bring any legal action
46 necessary, including administrative action, to collect such claim, and
47 the employer shall be required to pay the full amount of the underpay-
48 ment of wages, the monetary value of the deficiency in benefits, and
49 compensation for deficiency in working conditions, including any damages
50 suffered as a result thereof, plus costs, and unless the employer proves
51 a good faith basis to believe that such deficiency in wages, benefits or
52 working conditions was in compliance with the law, an additional amount
53 as liquidated damages. Liquidated damages shall be calculated by the
54 commissioner as no more than one hundred percent of the total amounts
55 otherwise found to be due the employee pursuant to this subdivision. In
56 any action brought by the commissioner in a court of competent jurisdic-
S. 8474 16
1 tion, liquidated damages shall be calculated as an amount equal to one
2 hundred percent of the aggregate amounts otherwise found to be due the
3 employee pursuant to this subdivision.
4 5. Limitation of time. Notwithstanding any other provision of law, an
5 action to recover upon a liability imposed by this article must be
6 commenced within six years. The statute of limitations shall be tolled
7 from the date an employee files a complaint with the commissioner or the
8 commissioner commences an investigation, whichever is earlier, until an
9 order to comply issued by the commissioner becomes final, or where the
10 commissioner does not issue an order, until the date on which the
11 commissioner notifies the complainant that the investigation has
12 concluded. Investigation by the commissioner shall not be a prerequisite
13 to nor a bar against a person bringing a civil action under this arti-
14 cle.
15 [4.] 6. Attorneys' fees. In any civil action by an employee or by the
16 commissioner, the employee or commissioner shall have the right to
17 collect attorneys' fees and costs incurred in enforcing any court judg-
18 ment. Any judgment or court order awarding remedies under this section
19 shall provide that if any amounts remain unpaid upon the expiration of
20 ninety days following issuance of judgment, or ninety days after expira-
21 tion of the time to appeal and no appeal therefrom is then pending,
22 whichever is later, the total amount of judgment shall automatically
23 increase by fifteen percent.
24 § 18. Severability clause. If any clause, sentence, paragraph, subdi-
25 vision, section or part of this act shall be adjudged by any court of
26 competent jurisdiction to be invalid, such judgment shall not affect,
27 impair, or invalidate the remainder thereof, but shall be confined in
28 its operation to the clause, sentence, paragraph, subdivision, section
29 or part thereof directly involved in the controversy in which such judg-
30 ment shall have been rendered. It is hereby declared to be the intent of
31 the legislature that this act would have been enacted even if such
32 invalid provisions had not been included herein.
33 § 19. This act shall take effect one year after it shall have become a
34 law.
