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NY A11290

Bill

Status

Introduced

7/25/2018

Primary Sponsor

James Skoufis

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Origin

Assembly

2017-2018 General Assembly

AI Summary

  • Removes language from Labor Law Section 651(5)(j) that exempted individuals with "physical or mental deficiency or injury" from minimum wage protections, eliminating a disability-based wage exemption.

  • Adds Section 652(7) prohibiting employers from paying employees less than the established minimum wage based on actual or perceived disability, with disability defined per Executive Law Section 292(21).

  • Adds Section 673(3) applying the same disability wage protection to prevailing wage requirements under Section 652(1) and (2).

  • Permits wage orders authorizing sub-minimum wages only if employees with disabilities receive wages equal to those of comparable employees without disabilities in the same position.

  • Takes effect December 31 following the bill's enactment, with the Department of Labor authorized to adopt necessary regulations immediately.

Legislative Description

Eliminates provisions exempting employees with disabilities from the minimum wage law; provides that laws or minimum wage orders that authorize an employer to pay a wage that is less than the minimum wage are valid provided that under such laws or orders an employee with a disability is paid the same wage as an employee in a comparable position that does not have a disability.

Last Action

referred to labor

7/25/2018

Committee Referrals

Labor7/25/2018

Full Bill Text

No bill text available