STATE OF NEW YORK
________________________________________________________________________
3269--A
2015-2016 Regular Sessions
IN SENATE
February 4, 2015
___________
Introduced by Sen. SANDERS -- read twice and ordered printed, and when
printed to be committed to the Committee on Local Government -- recom-
mitted to the Committee on Local Government in accordance with Senate
Rule 6, sec. 8 -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the municipal home rule law and the labor law, in
relation to enacting the fair wage act, raising the minimum wage and
allowing localities to raise minimum wages by up to an additional
thirty percent
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. This act shall be known and may be cited as the "fair wage
2 act".
3 § 2. Paragraph f of subdivision 1 of section 11 of the municipal home
4 rule law, as amended by chapter 21 of the laws of 1992, is amended to
5 read as follows:
6 f. Applies to or affects any provision of paragraph (c) of subdivision
7 one of section 8-100 of the election law, the labor law, except as
8 provided in subdivision two of section six hundred fifty-four of the
9 labor law, sections two, three and four of chapter one thousand eleven
10 of the laws of nineteen hundred sixty-eight, entitled "An act in
11 relation to the maximum hours of labor of certain municipal and fire
12 district firemen and the holidays of firemen and policemen, repealing
13 certain sections of the labor law relating thereto, and to amend the
14 municipal home rule law, in relation thereto," as amended, the volunteer
15 [firemen's] firefighters' benefit law, or the [workmen's] workers'
16 compensation law or changes any provision of the multiple residence law
17 or the multiple dwelling law, except that in a city of one million
18 persons or more, the provisions of local law for the enforcement of the
19 housing code which is not less restrictive than the multiple dwelling
20 law may be applied in the enforcement of the multiple dwelling law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08826-03-6
S. 3269--A 2
1 § 3. Subdivision 1 of section 652 of the labor law, as amended by
2 section 1 of part P of chapter 57 of the laws of 2013, is amended to
3 read as follows:
4 1. Statutory. Every employer shall pay to each of its employees for
5 each hour worked a wage of not less than the wage as may be established
6 by federal law pursuant to 29 U.S.C. section 206 or its successors; or
7 such other wage as may be established in accordance with the provisions
8 of this article; or:
9 $4.25 on and after April 1, 1991,
10 $5.15 on and after March 31, 2000,
11 $6.00 on and after January 1, 2005,
12 $6.75 on and after January 1, 2006,
13 $7.15 on and after January 1, 2007,
14 $8.00 on and after December 31, 2013,
15 [$8.75 on and after December 31, ] $9.00 on and after September 1,
16 2014,
17 [$9.00 on and after December 31, 2015, or, if greater, such other wage
18 as may be established by federal law pursuant to 29 U.S.C. section 206
19 or its successors
20 or such other wage as may be established in accordance with the
21 provisions of this article] $10.10 on and after July 1, 2017, whichever
22 is greater.
23 On and after July 1, 2018 and on each following July first, the
24 commissioner shall calculate and establish an adjusted minimum wage rate
25 by increasing the then current minimum wage rate by the rate of
26 inflation for the most recent twelve month period available prior to
27 each July first using the consumer price index-all urban consumers,
28 CPI-U, or a successor index as calculated by the United States depart-
29 ment of labor, if such rate of inflation is greater than zero percent.
30 § 4. Section 654 of the labor law, as added by chapter 619 of the laws
31 of 1960, is amended to read as follows:
32 § 654. Basis of changes in minimum wage. 1. In establishing minimum
33 wages and regulations for any occupation or occupations pursuant to the
34 provisions of the following sections of this article, the wage board and
35 the commissioner shall consider the amount sufficient to provide
36 adequate maintenance and to protect health and, in addition, the wage
37 board and the commissioner shall consider the value of the work or clas-
38 sification of work performed, and the wages paid in the state for work
39 of like or comparable character.
40 2. Counties, cities, towns, villages and public benefit corporations
41 are authorized to adopt minimum standards relating to wages, hours, or
42 other working conditions, or mechanisms for the enforcement thereof,
43 that are at least as favorable to employees as the minimum standards
44 applicable under this article, provided that any minimum wage enacted
45 pursuant to this authority for any classification of employees shall not
46 be more than thirty percent higher than the minimum wage established
47 pursuant to this article and article nineteen-A of this chapter. Any
48 such standards may also be enforced by the commissioner using any and
49 all enforcement methods permitted by this chapter for enforcement of
50 wage standards and payment.
51 § 5. Subdivision 1 of section 662 of the labor law, as amended by
52 chapter 564 of the laws of 2010, is amended to read as follows:
53 1. Failure to pay minimum wage or overtime compensation. Any employer
54 or his or her agent, or the officer or agent of any corporation, part-
55 nership, or limited liability company, who pays or agrees to pay to any
56 employee less than the wage applicable under this article, including any
S. 3269--A 3
1 minimum wage established by a county, city, town, village, or public
2 benefit corporation, shall be guilty of a misdemeanor and upon
3 conviction therefor shall be fined not less than five hundred nor more
4 than twenty thousand dollars or imprisoned for not more than one year,
5 and, in the event that any second or subsequent offense occurs within
6 six years of the date of conviction for a prior offense, shall be guilty
7 of a felony for the second or subsequent offense, and upon conviction
8 therefor, shall be fined not less than five hundred nor more than twenty
9 thousand dollars or imprisoned for not more than one year plus one day,
10 or punished by both such fine and imprisonment, for each such offense.
11 Each payment to any employee in any week of less than the wage applica-
12 ble under this article shall constitute a separate offense.
13 § 6. This act shall take effect immediately.
