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.
Summary
S00028 amends the New York Labor Law to eliminate the long-standing exemption that allowed employers to pay workers with disabilities less than the minimum wage under special certificates or similar wage-setting arrangements. The bill also revises related labor-law language so that any law or wage order authorizing subminimum wages remains valid only if an employee with a disability is paid the same wage as a comparable employee without a disability. In effect, the measure moves New York away from disability-based wage differentials and toward equal pay protections for covered workers with disabilities.
The bill also makes conforming changes to the Labor Law’s definitions and wage-board provisions, including removing references to impaired earning capacity based on age, physical or mental deficiency, or injury as a basis for lower wages under special certificates. It preserves other existing exemptions and special wage provisions for categories such as learners, apprentices, students in certain seasonal settings, residential employees in nonprofit institutions, and certain volunteers, but narrows the ability to use disability as a justification for subminimum pay. The act would take effect on December 31 following enactment, with immediate authorization for the Department of Labor to adopt implementing regulations.
Impact
If enacted, the bill would substantially change New York’s minimum wage framework by prohibiting disability-based subminimum wages and requiring equal pay for employees with disabilities in comparable positions. It would amend Labor Law sections 651 and 655, affecting how the Department of Labor, wage boards, and employers use special certificates and wage orders. Employers that currently rely on disability-related wage exceptions would need to adjust compensation practices, and the Department of Labor would need to update regulations and enforcement guidance before the effective date.
Sentiment
The available voting history suggests generally strong support for the bill. It passed the Senate Labor Committee by 12-1 and later the Senate Disabilities Committee unanimously, 6-0, indicating broad bipartisan or cross-committee agreement on the goal of ending disability-based wage discrimination. The absence of recorded floor debate or transcript excerpts limits insight into detailed arguments, but the committee votes point to favorable sentiment overall.
Contention
The main point of contention is the elimination of subminimum wage authority for workers with disabilities, which some stakeholders may view as removing a tool that employers or service providers have used to create work opportunities for people with reduced earning capacity. Supporters, by contrast, appear to frame the bill as a civil rights and wage equity measure that ensures workers with disabilities are paid the same as similarly situated workers without disabilities. The bill’s retention of other special wage categories, while removing disability-based exceptions, suggests the debate centers specifically on whether wage differentials for disability should be permitted at all.
Same As
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.
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.
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.
Relates to providing more predictable and stable schedules for employees in low-wage occupations; provides that an employer shall pay an employee for at least 4 hours at the basic minimum hourly wage for each day an employee reports for work as instructed but is given less than four hours of work.
Requires small employers with one to fifty (1-50) employees and large employers with fifty (50) or more employees to pay overtime wages to exempt workers if their salary exceeds varying multipliers of minimum wage for a forty (40) hour workweek.
Requires small employers with one to fifty (1-50) employees and large employers with fifty (50) or more employees to pay overtime wages to exempt workers if their salary exceeds varying multipliers of minimum wage for a forty (40) hour workweek.
Requires small employers with one to fifty (1-50) employees and large employers with fifty (50) or more employees to pay overtime wages to exempt workers if their salary exceeds varying multipliers of minimum wage for a forty (40) hour workweek.
Requires small employers with one to fifty (1-50) employees and large employers with fifty (50) or more employees to pay overtime wages to exempt workers if their salary exceeds varying multipliers of minimum wage for a forty (40) hour workweek.