STATE OF NEW YORK
________________________________________________________________________
4576
2019-2020 Regular Sessions
IN ASSEMBLY
February 4, 2019
___________
Introduced by M. of A. KOLB, STEC, MONTESANO, RAIA, CROUCH, BLANKENBUSH,
DiPIETRO, GIGLIO, BRABENEC -- read once and referred to the Committee
on Labor
AN ACT to amend the labor law, in relation to eliminating the wage
board; and to repeal subdivision 3 of section 651 and sections 655 and
656 of such law relating thereto
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 3 of section 651 and sections 655 and 656 of
2 the labor law are REPEALED.
3 § 2. Subdivisions 2 and 6 of section 652 of the labor law, subdivision
4 2 as amended by chapter 38 of the laws of 1990 and subdivision 6 as
5 added by section 3 of part K of chapter 54 of the laws of 2016, are
6 amended to read as follows:
7 2. Existing wage orders. The minimum wage orders in effect on the
8 effective date of this act shall remain in full force and effect, except
9 as modified in accordance with the provisions of this article.
10 Such minimum wage orders shall be modified by the commissioner to
11 increase all monetary amounts specified therein in the same proportion
12 as the increase in the hourly minimum wage as provided in subdivision
13 one of this section, including the amounts specified in such minimum
14 wage orders as allowances for gratuities, and when furnished by the
15 employer to its employees, for meals, lodging, apparel and other such
16 items, services and facilities. All amounts so modified shall be rounded
17 off to the nearest five cents. The modified orders shall be promulgated
18 by the commissioner without a public hearing[, and without reference to
19 a wage board,] and shall become effective on the effective date of such
20 increases in the minimum wage except as otherwise provided in this
21 subdivision, notwithstanding any other provision of this article.
22 6. Notwithstanding subdivision one of this section, and [sections]
23 section six hundred fifty-three [and six hundred fifty-five] of this
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04201-01-9
A. 4576 2
1 article, on or after January first, two thousand nineteen, and each
2 January first thereafter until such time as the minimum wage is fifteen
3 dollars in all areas of the state, the division of budget shall conduct
4 an analysis of the state of the economy in each region, and the effect
5 of the minimum wage increases listed in this section, to determine
6 whether there should be a temporary suspension or delay in any scheduled
7 increases. In conducting its analysis, the division of budget shall
8 consult the department, the department's division of research and
9 statistics, the United States department of labor, the federal reserve
10 bank of New York and other economic experts. The division of budget will
11 reference well-established economic indexes and accepted economic
12 factors, including those set forth in section six hundred fifty-four of
13 this article, to justify and explain its decision. After reviewing such
14 indexes and factors, the division shall determine whether scheduled
15 increases in the minimum wage shall continue up to and including fifteen
16 dollars. The division of budget will issue a report and recommendation
17 to the commissioner, who shall take action on that report [and recommen-
18 dation pursuant to section six hundred fifty-six of this article].
19 § 3. Section 653 of the labor law, as amended by chapter 14 of the
20 laws of 2000, is amended to read as follows:
21 § 653. Investigation of adequacy of wages. [(1)] The commissioner
22 shall have power on his own motion to cause an investigation to be made
23 of the wages being paid to persons employed in any occupation or occupa-
24 tions to ascertain whether the minimum wages established in accordance
25 with the provisions of this article are sufficient to provide adequate
26 maintenance and to protect the health of the persons employed in such
27 occupation or occupations. The commissioner shall, on the petition of
28 fifty or more residents of the state engaged in or affected by an occu-
29 pation or occupations sought to be investigated, cause such an investi-
30 gation of such occupation or occupations to be conducted. [If, on the
31 basis of information in his possession with or without such an investi-
32 gation, the commissioner is of the opinion that any substantial number
33 of persons employed in any occupation or occupations are receiving wages
34 insufficient to provide adequate maintenance and to protect their
35 health, he shall appoint a wage board to inquire into and report and
36 recommend adequate minimum wages and regulations for employees in such
37 occupation or occupations.
38 (2) The commissioner shall, within six months after enactment of any
39 change in the statutory minimum wage set forth in subdivision one of
40 section six hundred fifty-two of this article, appoint a wage board to
41 inquire and report and recommend any changes to wage orders governing
42 wages payable to food service workers. Such wage board shall be estab-
43 lished consistent with the provisions of subdivision one of section six
44 hundred fifty-five of this article, except the representatives of the
45 employees shall be selected upon the nomination of the state American
46 Federation of Labor/Congress of Industrial Organizations; and provided,
47 further, that the representatives of the employers shall be selected
48 upon the nomination of the New York State Business Council. Any wage
49 order authorizing a lesser wage than the previously and statutorily
50 mandated minimum wage for such employees shall be reviewed by the wage
51 board to ascertain at what level such wage order is sufficient to
52 provide adequate maintenance and to protect the health and livelihood of
53 employees subject to such a wage order after a statutory increase in the
54 mandated minimum wage.]
55 § 4. Section 654 of the labor law, as added by chapter 619 of the laws
56 of 1960, is amended to read as follows:
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1 § 654. Basis of changes in minimum wage. In establishing minimum
2 wages and regulations for any occupation or occupations [pursuant to the
3 provisions of the following sections of this article], [the wage board
4 and] the commissioner shall consider the amount sufficient to provide
5 adequate maintenance and to protect health and, in addition, [the wage
6 board and] the commissioner shall consider the value of the work or
7 classification of work performed, and the wages paid in the state for
8 work of like or comparable character.
9 § 5. Subdivisions 1 and 2 of section 657 of the labor law, subdivision
10 1 as added by chapter 619 of the laws of 1960 and subdivision 2 as
11 amended by chapter 102 of the laws of 1968, are amended to read as
12 follows:
13 1. Finality. Any minimum wage order and regulation issued by the
14 commissioner pursuant to this article shall, unless appealed from as
15 provided in this section, be final. The findings of the commissioner as
16 to the facts shall be conclusive on any appeal from an order of the
17 commissioner issued pursuant to [sections] section six hundred fifty-
18 two[, six hundred fifty-six,] or six hundred fifty-nine.
19 2. Review by board of standards and appeals. Any person in interest,
20 including a labor organization or employer association, in any occupa-
21 tion for which a minimum wage order or regulation has been issued under
22 the provisions of this article who is aggrieved by such order or regu-
23 lation may obtain review before the board of standards and appeals by
24 filing with said board, within forty-five days after the date of the
25 publication of the notice of such order or regulation, a written peti-
26 tion requesting that the order or regulation be modified or set aside. A
27 copy of such petition shall be served promptly upon the commissioner. On
28 such appeal, the commissioner shall certify and file with the board of
29 standards and appeals a transcript of the entire record, including the
30 testimony and evidence upon which such order or regulation was made [and
31 the report of the wage board]. The board of standards and appeals, upon
32 the record certified and filed by the commissioner, shall, after oral
33 argument, determine whether the order or regulation appealed from is
34 contrary to law. Within forty-five days after the expiration of the time
35 for the filing of a petition, the board of standards and appeals shall
36 issue an order confirming, amending or setting aside the order or regu-
37 lation appealed from. The appellate jurisdiction of the board of stand-
38 ards and appeals shall be exclusive and its order final except that the
39 same shall be subject to an appeal taken directly to the appellate divi-
40 sion of the supreme court, third judicial department, within sixty days
41 after its order is issued. The commissioner shall be considered an
42 aggrieved party entitled to take an appeal from an order of the board of
43 standards and appeals.
44 § 6. Section 658 of the labor law, as amended by chapter 443 of the
45 laws of 1981, is amended to read as follows:
46 § 658. Appeals from compliance orders. An appeal pursuant to section
47 two hundred eighteen or two hundred nineteen of this chapter from an
48 order issued by the commissioner directing compliance with any provision
49 of this article or with any minimum wage order or regulation promulgated
50 thereunder, shall not bring under review any minimum wage order or regu-
51 lation promulgated under this article. The provisions of [subdivision
52 two of section six hundred fifty-seven relating to appeals from determi-
53 nations of the board and the provisions of] subdivisions three through
54 seven of section six hundred fifty-seven shall apply to an appeal from a
55 compliance order.
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1 § 7. Section 659 of the labor law, as added by chapter 619 of the laws
2 of 1960, is amended to read as follows:
3 § 659. Reconsideration of wage orders and regulations. [1. By wage
4 board. At any time after a minimum wage order has been in effect for six
5 months or more, the commissioner, on his own motion or on a petition of
6 fifty or more residents of the state engaged in or affected by the occu-
7 pation or occupations to which an order is applicable, may reconvene the
8 same wage board or appoint a new wage board to recommend whether or not
9 the minimum wage and regulations prescribed by such order should be
10 modified, and the provisions of section six hundred fifty-five through
11 six hundred fifty-seven shall thereafter apply.
12 2. By commissioner.] The commissioner[, without referral to the wage
13 board,] may, at any time after public hearing, by order propose such
14 modifications of or additions to any regulations as he may deem appro-
15 priate to effectuate the purposes of this article. Notice of hearing and
16 promulgation of any such order shall be published [in accordance with
17 the provisions contained in section six hundred fifty-six]. Such order
18 shall be effective thirty days after such publication and section six
19 hundred fifty-seven shall thereafter apply.
20 § 8. This act shall take effect immediately.
