Let Cities Raise Minimum Wage

Section 1. This act shall be known and may be cited as the "fair wage act".

§ 2. Paragraph f of subdivision 1 of section 11 of the municipal home rule law, as amended by chapter 476 of the laws of 2018, is amended to read as follows:

f. Applies to or affects any provision of paragraph (c) of subdivision one of section 8-100 of the election law, the labor law, except as provided in subdivision two of section six hundred fifty-four of the labor law, sections two, three and four of chapter one thousand eleven of the laws of nineteen hundred sixty-eight, entitled "An act in relation to the maximum hours of labor of certain municipal and fire district firefighters and the holidays of firefighters and police officers, repealing certain sections of the labor law relating thereto, and to amend the municipal home rule law, in relation thereto," as amended, the volunteer firefighters' benefit law, or the workers' compensation law or changes any provision of the multiple residence law or the multiple dwelling law, except that in a city of one million persons or more, the provisions of local law for the enforcement of the housing code which is not less restrictive than the multiple dwelling law may be applied in the enforcement of the multiple dwelling law.

§ 3. Section 654 of the labor law, as added by chapter 619 of the laws of 1960, is amended to read as follows:

§ 654. Basis of changes in minimum wage. 1. In establishing minimum wages and regulations for any occupation or occupations pursuant to the

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD06215-02-9

S. 1842 2

provisions of the following sections of this article, the wage board and the commissioner shall consider the amount sufficient to provide adequate maintenance and to protect health and, in addition, the wage board and the commissioner shall consider the value of the work or classification of work performed, and the wages paid in the state for work of like or comparable character.

2. Counties, cities, towns, villages and public benefit corporations are authorized to adopt minimum standards relating to wages, hours, or other working conditions, or mechanisms for the enforcement thereof, that are at least as favorable to employees as the minimum standards applicable under this article, provided that any minimum wage enacted pursuant to this authority for any classification of employees shall not be more than thirty percent higher than the minimum wage established pursuant to this article and article nineteen-A of this chapter. Any such standards may also be enforced by the commissioner using any and all enforcement methods permitted by this chapter for enforcement of wage standards and payment.

§ 4. Subdivision 1 of section 662 of the labor law, as amended by chapter 564 of the laws of 2010, is amended to read as follows:

1. Failure to pay minimum wage or overtime compensation. Any employer or his or her agent, or the officer or agent of any corporation, partnership, or limited liability company, who pays or agrees to pay to any employee less than the wage applicable under this article, including any minimum wage established by a county, city, town, village, or public benefit corporation, shall be guilty of a misdemeanor and upon conviction therefor shall be fined not less than five hundred nor more than twenty thousand dollars or imprisoned for not more than one year, and, in the event that any second or subsequent offense occurs within six years of the date of conviction for a prior offense, shall be guilty of a felony for the second or subsequent offense, and upon conviction therefor, shall be fined not less than five hundred nor more than twenty thousand dollars or imprisoned for not more than one year plus one day, or punished by both such fine and imprisonment, for each such offense. Each payment to any employee in any week of less than the wage applicable under this article shall constitute a separate offense.

§ 5. This act shall take effect immediately.