BILL NUMBER: S28A
SPONSOR: SKOUFIS
 
TITLE OF BILL:
An act to amend the labor law, in relation to the minimum wage for
employees with disabilities
 
PURPOSE:
The purpose of the bill is to eliminate the subminimum wage for employ-
ees based on their age or disability.
 
SUMMARY OF PROVISIONS:
Section 1: Amends subdivision 5 of section 651 of the labor law to
repeal the exclusion of individuals working in or for a religious,
educational, or charitable institution whose earning capacity is
impaired by age or by physical or mental deficiency or injury as
"employees" for purposes of payment of the minimum wage.
Section 2: Amends subdivision 5 of section 655 of the labor law to
repeal the ability of the Commissioner of Labor to promulgate regu-
lations for the employment of individuals whose earning capacity is
affected or impaired by youth or age or by physical or mental deficiency
or injury at wages lower than the minimum wage.
Section 3: Sets effective date.
 
JUSTIFICATION:
In 1938, Congress passed the Fair Labor Standards Act (FLSA) as part of
the New Deal, introducing key worker protections such as the federal
minimum wage. Section 14(c) of the FLSA was included to provide employ-
ment opportunities for disabled soldiers returning from World War I and
World War II. Over time, however, the focus shifted away from veterans,
and Section 14(c) now remains a legal mechanism for paying workers with
disabilities less than the minimum wage.
The Americans with Disabilities Act (ADA) of 1990 was a landmark piece
of legislation that, for the first time, made it illegal for employers
to discriminate against workers with disabilities. While the ADA has
brought critical protections to disabled Americans, it remains incom-
plete in addressing systemic discrimination in the workplace-particular-
ly the continued use of subminimum wages.
Under Section 14(c) of the FLSA, many disability providers employ work-
ers in "sheltered workshops," where they are often paid pennies on the
dollar for their labor. Several states, including Alaska, Illinois,
Maryland, and New Hampshire, have abolished this outdated practice by
ending the payment of subminimum wages. This bill seeks to follow their
lead and ensure that all workers, regardless of disability or age,
receive fair pay and equitable treatment under the law.
 
LEGISLATIVE HISTORY:
Senate
2019: S4018-A, Advanced to Third Reading
2020: S4018-A, Referred to Labor
2021: S1828, Referred to Labor
2022: S1828, Referred to Labor
2023: S3434, Referred to Labor
2024: S3434, Reported and Committed to Disabilities
Assembly
2019: A7077-A, Amended, and Recommitted to Labor
2020: A7077-A, Referred to Codes
2021: A3103, Referred to Labor
2022: A3103, Referred to Labor
2023: A4347, Referred to Labor
2024: A4347, Referred to Labor
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act shall take effect on the thirty-first of December next,
succeeding the date upon which it shall have become a law. Effective
immediately, the addition, amendment, and/or repeal of any rule or regu-
lation by the Department of Labor necessary for the implementation of
this act on its effective date are authorized to be made on or before
such effective date.

Statutes affected:
S28: 651 labor law, 651(5) labor law, 655 labor law, 655(5) labor law
S28A: 651 labor law, 651(5) labor law, 655 labor law, 655(5) labor law