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NY S00028
Bill
Status
1/8/2025
Primary Sponsor
James Skoufis
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AI Summary
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Eliminates the exemption that allowed religious, educational, or charitable institutions to pay less than minimum wage to individuals whose earning capacity is impaired by age, physical or mental deficiency, or injury
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Prohibits employers from paying employees with disabilities less than the highest acceptable minimum wage, regardless of whether the employer holds a federal "special certificate" authorizing subminimum wages
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Removes the ability of wage boards to recommend regulations allowing subminimum wages for individuals whose earning capacity is affected by physical or mental deficiency or injury
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Defines "special certificate" as a federal authorization under the Fair Labor Standards Act that permits employers to pay subminimum wages to workers with impaired earning capacity due to disability
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Takes effect in phases: the prohibition on new subminimum wage certificates takes effect December 31, 2025, while the complete ban on all subminimum wages for workers with disabilities takes effect December 31, 2027
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
1/7/2026