Skip to content
S833Senate2019-2020 SessionSame asA5126

End Fast-Food Wage Order

Official title

“Relates to wage orders; repealer”

Sponsor Patrick M. GallivanSD-59+2 co-sponsorsAffects Economy
Status
In Senate Committee
Labor
Impact
5/10
Moderate
Passage
0%

Bill progress

Step 2 of 7

In committee · Labor

What's happening

This bill halts future fast-food wage increases from a 2015 order, aligns all wage orders with statutory minimum wage changes, and repeals a 2016 law section on minimum wage rates.

Why it matters

  1. Prevents previously scheduled fast-food wage increases. By freezing further wage hikes from the 2015 fast-food wage order, the bill immediately impacts pay expectations for workers in that sector, possibly affecting recruitment and retention in an industry with high turnover.

  2. Standardizes wage adjustments across all sectors. The bill ensures that any future increases to the statutory minimum wage will automatically apply to all wage orders (including those for specific industries like hospitality), reducing complexity but potentially limiting targeted wage gains for certain high-need sectors.

  3. Alters legal grounds for challenging wage orders. By changing the standard for appealing wage orders from "contrary to law" to "invalid or unreasonable," the bill may make it easier or harder to challenge wage regulations, depending on interpretation, affecting both employers and employee advocates.

  4. Repeals a key 2016 minimum wage law section. Removing this section could erase or alter protections or mechanisms put in place for minimum wage adjustments, potentially changing how minimum wage policies are implemented or reviewed in the future.

The daily · weekday mornings

Albany, before your first meeting.

Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.

Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.

Who cares

Headline styles

End Fast-Food Wage Order

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Patrick M. Gallivan

Senator · Senate District 59

History

  1. Referred to labor
  2. Referred to labor

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

A5126Assembly

Freeze Fast-Food Wage Increases

In Assembly Committee · Labor · Sponsor Robin Schimminger

Impact 5 · Moderate0% to pass

Full text

2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

833

2019-2020 Regular Sessions

IN SENATE

January 9, 2019

Introduced by Sens. GALLIVAN, AKSHAR -- read twice and ordered printed, and when printed to be committed to the Committee on Labor

AN ACT to amend the labor law, in relation to directing the commissioner of labor to smooth existing wage orders to conform with statutory changes to the minimum wage, specifically the Wage Order issued

September 10, 2015 relative to fast-food employees; and to repeal section 5 of part K of chapter 54 of the laws of 2016, amending the labor law relating to the rate of minimum wage

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. The opening paragraph of subdivision 2 of section 652 of the labor law, as amended by chapter 38 of the laws of 1990, is amended to read as follows:

The minimum wage orders in effect on the effective date of this act shall remain in full force and effect, except as modified in accordance with the provisions of this article; provided further, that any future wage increases pursuant to the September 10, 2015 wage order relative to fast-food employees shall not be enacted. The wage for fast-food employees in effect on the effective date of this act shall remain in effect until such time as the minimum wage as provided for in subdivision one of this section shall exceed such wage at which time the wage for fastfood employees shall be the wage provided for in subdivision one of this section.

§ 2. Subdivision 2 of section 657 of the labor law, as amended by chapter 102 of the laws of 1968, is amended to read as follows:

2. Review by board of standards and appeals. Any person in interest, including a labor organization or employer association, in any occupation for which a minimum wage order or regulation has been issued under the provisions of this article who is aggrieved by such order or regulation may obtain review before the board of standards and appeals by filing with said board, within forty-five days after the date of the

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

[ ] is old law to be omitted.

LBD02880-01-9

S. 833 2

publication of the notice of such order or regulation, a written petition requesting that the order or regulation be modified or set aside. A copy of such petition shall be served promptly upon the commissioner. On such appeal, the commissioner shall certify and file with the board of standards and appeals a transcript of the entire record, including the testimony and evidence upon which such order or regulation was made and the report of the wage board. The board of standards and appeals, upon the record certified and filed by the commissioner, shall, after oral argument, determine whether the order or regulation appealed from is [contrary to law] invalid or unreasonable. Within forty-five days after the expiration of the time for the filing of a petition, the board of standards and appeals shall issue an order confirming, amending or setting aside the order or regulation appealed from. The appellate jurisdiction of the board of standards and appeals shall be exclusive and its order final except that the same shall be subject to an appeal taken directly to the appellate division of the supreme court, third judicial department, within sixty days after its order is issued. The commissioner shall be considered an aggrieved party entitled to take an appeal from an order of the board of standards and appeals.

§ 3. Section 5 of part K of chapter 54 of the laws of 2016, amending the labor law, relating to the rate of minimum wage, is REPEALED.

§ 4. Section 659 of the labor law is amended by adding a new subdivision 3 to read as follows:

3. By commissioner. The commissioner shall, within six months after enactment of any change in the statutory minimum wage set forth in subdivision one of section six hundred fifty-two of this article, conform all wage orders in effect on the effective date of such legislation to the statutory minimum wage, provided further that in no event may a worker's wages be reduced by such conformity.

§ 5. This act shall take effect immediately.

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Sponsor's memo

Title of bill

An act to amend the labor law, in relation to directing the commissioner of labor to smooth existing wage orders to conform with statutory chang- es to the minimum wage, specifically the Wage Order issued September 10, 2015 relative to fast-food employees; and to repeal section 5 of part K of chapter 54 of the laws of 2016, amending the labor law relating to the rate of minimum wage

Purpose or general idea of bill

This legislation would ameliorate the current disparity between the statutory minimum wage and the fast food minimum wage implemented pursu- ant to a wage order by the Commissioner of the Department of Labor.

Summary of specific provisions

Section 1 amends section 652 of the labor law governing existing wage orders.

Section 2 amends section 657(2) of the labor law governing review by board of standards and appeals.

Section 3 amends repeals section 5 of part k of chapter 54 of the laws of 2016.

Section 4 amends section 659 of the labor law governing the reconsider- ation of wage orders and regulations.

Section 5 establishes the effective date.

Justification

Rulemaking authority relative to wage orders was conferred by an act of the legislature and was conditioned upon the commissioner not using wage orders to make broad-based policy determination in a manner contrary to legislative intent. By raising the statewide minimum wage in 2016, with staggered implementation, the legislature expressed its clear intent concerning wage and hour rates.

New York's businesses are now dealing with the impacts associated with the significant increase to the minimum wage and the overtime salary threshold.

Smoothing the fast food wage to correspond to the statewide minimum wage would alleviate much confusion and importantly, relieve New York's busi- nesses of one more cumbersome regulation.

Prior legislative history

2017-18: S.5202/A.6900 Referred to Labor

Fiscal implications

None

Effective date

This act shall take effect immediately

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.