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New York State Department of Labor

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Department of Labor
Department overview
Formed1901 (1901)
JurisdictionNew York
HeadquartersBuilding 12,
W.A. Harriman Campus,
Albany, NY 12240
Department executive
  • Roberta Reardon, Commissioner of Labor
Key document
Websitedol.ny.gov Edit this at Wikidata

The New York State Department of Labor (DOL or NYSDOL) is the department of the New York state government that enforces labor law and administers unemployment benefits.[1][2]

The mission of the New York State Department of Labor is to protect workers, assist the unemployed and connect job seekers to jobs, according to its website.[1] It works to ensure a fair wage for all workers, protect the safety and health of workers and the public, help the unemployed via temporary payments (unemployment insurance), link job seekers with employers, and guide workers to training.[1] Its regulations are compiled in title 12 of the New York Codes, Rules and Regulations.

The NYS Department of Labor of today came as a direct result of the Triangle Shirtwaist Factory Fire, which took place on March 25, 1911.[3]

Unemployment insurance

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Further information: Unemployment insurance in the United States

The New York Unemployment Insurance Law, enacted in 1935 and codified at Article 18 of the Labor Law, implements US unemployment insurance within New York. As with most states, the maximum period for receiving benefits is 26 full weeks during a one-year period (benefit year).[4] Generally, eligibility follows federal guidelines, where examples of quitting for good cause include domestic violence, immediate family with illness or disability, spousal employment location changes, where the DOL determines that pay and/or hours of work were reduced substantially, or where the DOL determines the employer did not address a safety hazard.[5] Normally, a labor strike must last for 14 days before claimants are eligible, unless due to a lockout (suspension period).[6] The process for claiming weekly benefits (certifying for benefits), for each week of unemployment while looking for work, begins on last day of that week (Sunday) through the following Saturday (claim window, waiting period, or waiting week).[7] The Unemployment Insurance Appeal Board (UIAB) hears appeals against Labor Department determinations on issues of eligibility and contribution liability.

Workforce development

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Northland Workforce Training Center in Buffalo

The department is the state workforce agency that implements the United States Employment Service and federal Workforce Innovation and Opportunity Act (WIOA or WIA). It operates a network of career centers (one-stop centers) throughout the state that offer a range of services, including job search assistance, resume writing help, and access to job training programs. Programs include the Adult, Dislocated Worker, and Youth Programs (Title I programs), as well as apprenticeship programs in a variety of industries including construction, healthcare, and manufacturing; for businesses it supports job posting services, on-the-job training programs, and customized training programs.[8]

At the state level, the State Workforce Investment Board (SWIB) coordinates efforts, allocates resources, and provides strategic direction among local workforce development boards, aligned with strategic planning of the ESD economic development regions' regional economic development councils (REDCs).[8][9][10]

Workforce protections

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The NYSDOL conducts audits, investigations, and enforces compliance with laws and regulations regarding minimum wage, overtime pay, and wage theft. Key among these is the enforcement of Article 19 of the state Labor Law, which pertains to minimum wage, and Article 6, which covers the payment of wages.

Adequacy of wages

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The commissioner has the authority to investigate whether minimum wages are sufficient for adequate maintenance and health and can appoint wage boards consisting of employer, employee, and general public representatives who have the power to conduct hearings and investigations with the ability to issue subpoenas.[11][12]

Starting in 2027, the minimum wage will be adjusted based on the three-year moving average of the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W) for the Northeast Region with the aim to maintain the purchasing power of workers' wages over time.[13] Indicators commonly used at international level to guide assessment of statutory minimum wage adequacy include comparing the gross minimum wage to 60% of the gross median wage and 50% of the gross average wage.[14]

July 2013 Fight for $15 protest

Collective bargaining

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Further information: United States labor law

The New York State Employment Relations Act (SERA), enacted in 1937 and codified at Article 20 of the Labor Law, was designed to cover employees who don't qualify for protection under the National Labor Relations Act of 1935 or the Railway Labor Act, particularly for small workplaces.[15][16] The state Taylor Law defines the rights and limitations of unions for public employees. The Public Employment Relations Board (PERB) is responsible for administering the adjudicatory and conciliation provisions of SERA and the Taylor Law.[16]

Labor market information and statistics

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The New York State Department of Labor gathers and provides key labor market data through various programs.[17] In collaboration with the US Bureau of Labor Statistics (BLS), NYSDOL participates in several federal-state statistical programs of the Wagner–Peyser Act as the state workforce agency.[17][18] The NYSDOL makes this labor market data available to public, policymakers, businesses, and other stakeholders, supporting informed decisions about economic and workforce development in New York State.

History

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1900s–1910s

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Inception/Beginnings (1901)

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Between February and May 1901, New York State Department of Labor headed by a Commissioner of Labor replaced and incorporated (into bureaus) the commissioner of labor statistics and factory inspector, and state board of mediation and arbitration.[21]

1910s

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In 1913, reorganization of the Department of Labor led to the creation of the Industrial Board, an advisory board tasked with increasing awareness of and enforcing the NYS Industrial Code, a set of rules and regulations with the force of law that affects the health, safety and comfort of workers. This Board made the Department of Labor an administrative as well as a regulatory agency. The Division for Industrial Hygiene, for technical research, was also established at this time.

On July 11, 1913, thirty-three women and two men lost their lives in the Binghamton Clothing Company Fire. The Triangle and Binghamton tragedies gave impetus to labor legislation, and the State Constitution was amended on November 4 to permit a Workmen’s Compensation Law.

The NYS Legislature consolidated the Workmen’s Compensation Commission with the NYS Department of Labor in 1915.[22] A five-member Industrial Commission, headed by an Industrial Commissioner, was appointed to run the Department, replacing the Commissioner of Labor, the Industrial Board, and the Workmen’s Compensation Commission.

The Industrial Commission created the Bureau of Women in Industry, the precursor to the modern Division of Labor Standards, in 1918.

1920s to 1950s

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1920s

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In 1921, the NYS Legislature reorganized the Department of Labor, placing quasi-judicial and legislative powers in an Industrial Board and assigning administrative matters to a single Industrial Commissioner.[23][24]

An amendment to the State Constitution in 1926 reorganized the more than 180 scattered departments, bureaus, boards and commissioners of State government into 18 departments, one of which was the Department of Labor.

In 1929, Frances Perkins is appointed by the newly elected New York governor Franklin D. Roosevelt as the inaugural industrial commissioner.[25][26]

1930s

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In 1933, the Prevailing Rates of Wage amendment to the NYS Labor Law charged the Industrial Commissioner with determining wages to be paid on all public works of the State (except those done for a city).

After the Social Security Act of 1935 authorized unemployment insurance for the jobless, NYS DOL created the Division of Unemployment Insurance, which soon merged with the State Employment Service.

The New York Unemployment Insurance Law was enacted in April 1935 and codified at Article 18 of the Labor Law and made employers of 4 people over 13 weeks (or more) liable for taxes, excluding government, agriculture, religious, scientific, literary, or educational organizations.[27][28] The New York Court of Appeals and US Supreme Court (by an evenly split court) upheld the law in 1936 in Chamberlin, Inc. v. Andrews (271 N.Y. 1, affirmed per curiam 299 U.S. 515, rehearing denied 301 U.S. 714).

The New York State Employment Relations Act, also known as NYSERA, SERA, or the Little Wagner Act, and codified at Article 20 of the Labor Law, was enacted in 1937 and modeled after the National Labor Relations Act of 1935.[29][30]

In 1937, the rule-making and variance-granting power of the DOL's Industrial Board was transferred to the Board of Standards and Appeals. The Industrial Board retained jurisdiction only in workmen’s compensation cases. The Labor Relations Board was established at this time to supervise labor-management relations, and the State Board of Mediation was set up to mediate settlements in labor disputes, carrying on services that had been provided since 1886. Also in 1937, New York passed a minimum wage law protecting women and minors.

The Fair Labor Standards Act of 1938 set a national minimum wage standard and a forty hour work week, and in this same year, an amendment to the New York State Constitution established a "Bill of Rights" for working people. The Unemployment Insurance Appeal Board (UIAB) was also established in 1938, to hear appeals from claimants or employers dissatisfied with departmental administrative determinations.[31]

1940s

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In January 1942, for the duration of World War II, the President of the United States absorbed the New York State Employment Service into the National Manpower Program.

In 1944, New York State’s Minimum Wage Law was amended to include men.

In 1945, the NYS Industrial Board was replaced by the Workmen’s Compensation Board.

The National Manpower Program ended in 1946, and control of the Employment Service was returned to New York State. Also in this year, New York first passed laws regulating the hours which minors could work during non-school hours.

1960s to 1990s

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1960s

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The Taylor Law (Public Employees Fair Employment Act) of 1967 defines the rights and limitations of unions for public employees.[32][33]

1970s

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In 1971, both Unemployment Services and Manpower Services, formerly the part of the Division of Employment, became part of the Department of Labor.[failed verification]

The federal government passed the Comprehensive Employment and Training Act (CETA), under which allocation of funds is locally oriented, in 1973, and in 1974, NYSDOL began implementing the act in New York State.

In 1975, Occupational Safety and Health Administration (OSHA) takes over enforcement of federal safety and health regulation in the private sector. The State Labor Department retains responsibility where no federal standards apply and enforces safety and health regulations in the public sector. Under contract with OSHA, DOL offers the On-site Consultation Program.[34]

In 1978, the Workmen's Compensation Board was renamed the Workers' Compensation Board, and the Board of Standards and Appeals was renamed the Industrial Board of Appeals.[35]

1980s

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The Job Training Partnership Act (JTPA) of 1982 replaced the CETA. The new law provided localities with federal funds for employment training.

In 1987, DOL began its regulation of asbestos control activities in the state.

1990s

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In 1991, New York State became the first state in the U.S. to require both school and parental permission for teenagers to work past 10 p.m. In 1992, it also became the first state in the U.S. to establish enforceable guidelines to protect public employees against tuberculosis in the workplace.

The NYS Department of Labor debuted the first iteration of its website in 1995.

In an effort to reform Workers' Compensation, the NYS Legislature passed Governor George Pataki’s New York Employment, Safety and Security Act of 1996, which significantly reduced workers' compensation costs for employers.[36] Also at this time, “hot goods’ legislation prohibited sale or distribution of apparel produced in sweatshops.

In 1997, welfare reform legislation authorized DOL to administer New York Works, NYS's  $400-million welfare-to-work program, leading to the formation of the Welfare-To-Work Division, and DOL began testing Claims by Phone, which was the beginning of the current Unemployment Insurance Telephone Claims Centers.

2000s to present

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2000s

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New York State minimum wage was raised to $5.15 per hour and linked to federal minimum wage in 2000.[37]

In 2001, DOL completed the conversion of the Unemployment Insurance program from in-person filing to a new filing system using an Interactive Voice Response systems and a touch-tone phone. Additionally, UI applications went online through the department’s website.

In the wake of the September 11th terrorist attack, DOL mobilized to work with state, federal and NYC agencies to aid in the relief and recovery efforts. With $25 million in National Emergency Grant Funding, NYSDOL was able to provide essential services to victims and dislocated workers.

In 2005, the Department of Labor’s Apparel Industry Task Force was expanded into the Fair Wages Task Force, and its enforcement was expanded to include restaurants, laundries, grocery stores and gardening services. The Fair Wages Task Force was also created at this time, to investigate industries where wages were low and workers were likely to be exploited. In its first year of existence, the Fair Wage Task force completed more than 400 investigations and found more than $5.3 million due to nearly 5,100 underpaid workers.

In 2007, the final increment of the NYS Minimum Wage increase from $5.15 to $7.25, and Workers’ Compensation Reform took effect. NYS UI claimants were issued Direct Payment Cards for Unemployment Insurance benefits, and recipients also were given the option of receiving benefit payments via Direct Deposit, rather than via a Direct Payment Card. Also in 2007, the Bureau of Immigrant Workers’ Rights (now the Division of Immigrant Policies and Affairs) was created to address the growing needs of immigrant workers throughout the state.

In 2009, M. Patricia Smith, who later became the Solicitor of the United States Department of Labor, was the labor commissioner.

2010s to present

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A New York State Department of Labor building in Brooklyn.

2010 saw the passage of both the NYS Construction Industry Fair Play Act, which made it illegal for an employer to misclassify employees as independent contractors or pay employees off the books, and the Domestic Workers Bill of Rights, the first law of its kind in the nation.

Effective 22 July 2010, the Public Employment Relations Board (PERB) became responsible for administering the adjudicatory and conciliation provisions of the New York State Employment Relations Act.[16]

In 2013, Governor Cuomo announced sweeping reforms to New York State's Workers Compensation and Unemployment Insurance programs, which were designed to save employers $1.2 billion.[38]

The NYS Commercial Goods Transportation Industry Fair Play Act went into effect in April 2014. This law created a new standard for determining whether a driver of commercial vehicles who transports goods is an employee or independent contractor.[39]

According to an audit released in June 2014 by State Comptroller Thomas DiNapoli, the Department of Labor did not complete many of its wage theft investigations in a timely manner.[40] As of late August 2013, the DOL had more than 17,000 open cases, consisting of about 9,300 active investigations and more than 7,800 cases pending payment, and of these almost 13,000, or 75%, were at least one year old from initial claim date.[40] In 2013, the DOL had 142 employees statewide, including 85–90 investigators, handling the complaints.[41] By 2015, the caseload had been handled and 85% of investigations were being completed within 6 months.[42] In 2015 alone, the agency had distributed a record $31.5 million to victims of wage theft.[43]

In May 2015, acting labor commissioner Mario Musolino appointed a state wage board to investigate wages for fast food workers.[44][45] In July, the board issued a report recommending a $15-an-hour minimum wage for fast food workers, and in September 2015 acting commissioner Musolino issued an order accepting the recommendations.[46][47] Effective December 31, 2015, the department adopted amended codified regulations (12 NYCRR part 146) implementing the report and order.[48]

In 2015, Roberta Reardon, a former AFL–CIO and SAG-AFTRA official, was nominated as the state labor commissioner, and was confirmed by the Senate on June 15, 2016.[49][50]

In 2016, as part of the 2016–17 State Budget, Governor Cuomo signed legislation enacting a incremental statewide $15 minimum wage plan. On December 31, 2016, the first in a series of wage increases went into effect.[51]

In 2020, tip allowances for employees under the Miscellaneous Wage Order were reduced by 50% by end of June, and eliminated entirely by December 31 (for all industries except hospitality, farmworkers and building service).[52]

Commissioners

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Portrait Name Years in Service
John McMackin 1901–1905
Philemon Tecumseh Sherman 1905–1906
John Williams 1907–1913
James M. Lynch 1913–1915
John Mitchell 1916–1919
Edward F. Boyle 1920
Henry D. Sayer 1921–1923
Bernard L. Shientag 1923–1924
James A. Hamilton 1925–1928
Frances Perkins 1929–1933
Elmer F. Andrews 1933–1938
Frieda S. Miller 1938–1942
Edward Corsi 1944–1954
Isador Lubin 1955–1958
Martin P. Catherwood 1959–1970
Louis L. Levine 1971–1976
Philip Ross 1976–1981
Lillian Roberts 1981–1986
Thomas F. Hartnett 1987-1911
John F. Hudacs 1991–1994
John E. Sweeney 1995–1997
James J. McGowan 1998–2000
Linda Angello 2001–2006
M. Patricia Smith 2007–2010
Colleen Gardner 2010–2012
Peter M. Rivera 2012–2014
Roberta Reardon 2014–present

Further reading

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  • Ward, Robert B. (2006). New York State Government (PDF) (2nd ed.). Rockefeller Institute Press. ISBN 978-1-930912-16-8.
  • Decisions and orders of the New York State Labor Relations Board catalog record on HathiTrust

References

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  1. ^ a b c "About Us". New York State Department of Labor. Retrieved 2021-01-03.
  2. ^ Labor Law § 10; "There shall continue to be in the state government a department of labor. The head of the department shall be the commissioner of labor. [...]"
  3. ^ "Our History". New York State Department of Labor.
  4. ^ UI Claimant Handbook. New York State Department of Labor. p. 1.
  5. ^ UI Claimant Handbook, p. 2.
  6. ^ UI Claimant Handbook, p. 4.
  7. ^ UI Claimant Handbook, pp. 16–17.
  8. ^ a b New York State Department of Labor (24 October 2016). New York State Workforce Innovation and Opportunity Act Four Year Combined State Plan: Program Years 2016 through 2019 (Report). Retrieved 2023-11-05.
  9. ^ Economic Development Law § 230
  10. ^ "FY 1994-95 Enacted State Operations Budget". Laws of New York. Vol. 217th sess.: II. 1994. pp. 2313–2387, at 2368. hdl:2027/umn.31951d01351175s. ISSN 0892-287X. Chapter 169, enacted 9 June 1994, effective immediately with provisos.
  11. ^ Labor Law § 653 et seq.
  12. ^ Russon Gilman, Hollie; Rahman, K.Sabeel (2019). Civic Power: Rebuilding American Democracy in an Era of Crisis. Cambridge University Press. pp. 198–200. ISBN 9781108386609.
  13. ^ "Governor Hochul Announces Historic Agreement to Increase New York's Minimum Wage and Index to Inflation" (Press release). Governor of New York. 3 May 2023.
  14. ^ Directive (EU) 2022/2041 of the European Parliament and of the Council of 19 October 2022 on adequate minimum wages in the European Union
  15. ^ Goldberg, Harmony (2014). "'Prepared to Win': Domestic Workers United Strategic Transition Following Passage of the New York Domestic Workers' Bill of Rights". In Milkman, Ruth; Ott, Ed (eds.). New Labor in New York: Precarious Workers and the Future of the Labor Movement. ILR Press. ISBN 9780801470745.
  16. ^ a b c "Public Employment Relations Board, FY 2021 Executive Budget". New York State Division of the Budget. 5 February 2020. Retrieved 2023-02-16.
  17. ^ a b Labor Law §§ 530, 575, 575-A
  18. ^ 29 U.S.C. § 49l-2. 20 CFR 651.10.
  19. ^ "Quarterly Census of Employment and Wages". New York State Department of Labor. Retrieved 2024-10-29.
  20. ^ "Current Employment Statistics". New York State Department of Labor. Retrieved 2024-10-29.
  21. ^ "An Act to create a department of labor and the office of commissioner of labor, and abolishing the offices of commissioner of labor statistics and factory inspector, and the state board of mediation and arbitration.". Laws of New York. Vol. 124th sess.: I. 1901. pp. 10–12. hdl:2027/nyp.33433090742465. ISSN 0892-287X. Chapter 9, enacted 7 February 1901, effective immediately.
  22. ^ "An Act to amend the labor law, establishing the state industrial commission…". Laws of New York. Vol. 138th sess.: II. 1915. pp. 2259–2272. hdl:2027/nyp.33433090742796. ISSN 0892-287X. Chapter 674, enacted 22 May 1915, effective immediately.
  23. ^ "An Act in relation to labor, constituting chapter thirty-one of the consolidated laws.". Laws of New York. Vol. 144th sess.: I. 1921. pp. 132–230. ISSN 0892-287X. Chapter 50, enacted 9 March 1921, effective immediately.
  24. ^ NYS Executive Department (9 March 1921), New York State bill jackets - L-1921-CH-0050, New York State Library, retrieved 2023-10-25
  25. ^ Our History – New York State Department of Labor Archived March 12, 2012, at the Wayback Machine. Labor.ny.gov (March 25, 1911). Retrieved on 2013-08-12.
  26. ^ Parkhurst, Genevieve (February 19, 1933). "Frances Perkins, Crusader". Evening Star. p. 4. ISSN 2331-9968. Retrieved December 24, 2018.
  27. ^ "An Act to amend the labor law, in relation to creating an unemployment insurance fund…". Laws of New York. Vol. 158th sess.: I-II. 1935. pp. 1028–1042. hdl:2027/uc1.a0001834282. ISSN 0892-287X. Chapter 468, enacted 25 April 1935, effective immediately.
  28. ^ NYS Executive Department (25 April 1935), New York State bill jackets - L-1935-CH-0468, New York State Library, retrieved 2023-02-26
  29. ^ "An Act to amend the labor law, in relation to establishing a labor relations board…". Laws of New York. Vol. 160th sess. 1937. pp. 1056–1069. hdl:2027/nyp.33433108121223. ISSN 0892-287X. Chapter 443, enacted 20 May 1937, effective 1 July 1937.
  30. ^ NYS Executive Department (20 May 1937), New York State bill jackets - L-1937-CH-0443, New York State Library, retrieved 2023-02-16
  31. ^ "Mission". Unemployment Insurance Appeals Board. Retrieved 2021-01-03.
  32. ^ "An Act to amend the civil service law and the judiciary law, in relation to granting to public employees the right of organization and representation…". Laws of New York. Vol. 190th sess.: I. 1967. pp. 1102–1113. hdl:2027/uc1.a0001834803. ISSN 0892-287X. Chapter 392, enacted 21 April 1967, generally effective 1 September 1967.
  33. ^ NYS Executive Department (21 April 1967), New York State bill jackets - L-1967-CH-0392, New York State Library, retrieved 2023-02-26
  34. ^ "On-Site Consultation Program (pamphlet)". New York State Department of Labor. Retrieved 2021-01-03.
  35. ^ "The New York State Worker's Compensation Board Centennial (booklet)". New York State Department of Labor. Retrieved 2021-01-03.
  36. ^ "Analysis of the Reform Bill". www.wcb.ny.gov. Retrieved 2021-01-03.
  37. ^ "History of the General Hourly Minimum Wage in New York State – New York State Department of Labor". labor.ny.gov. Retrieved 2021-01-03.
  38. ^ "Governor Cuomo Details $1.2 Billion in Savings Resulting from Major Reforms to Workers Compensation and Unemployment Insurance Included in Recently Enacted State Budget". Governor Andrew M. Cuomo. 2014-09-28. Retrieved 2021-01-03.
  39. ^ "Commercial Goods Transportation Industry Fair Play Act – New York State Department of Labor". www.labor.ny.gov. Retrieved 2021-01-03.
  40. ^ a b "DiNapoli: Labor Department Needs to Improve Wage Theft Investigations" (Press release). New York State Comptroller. June 6, 2014.
  41. ^ Bencosme, Melanie (November 14, 2013). "14,000 Wage Theft Cases Pending in NYS". Voices of NY.
  42. ^ "Budget Testimony".
  43. ^ "Budget Testimony".
  44. ^ McGeehan, Patrick (May 6, 2015). "Cuomo Moves to Raise Wages for New York Fast-Food Workers". The New York Times.
  45. ^ "Governor Cuomo Instructs State Labor Department to Convene Wage Board to Investigate and Make Recommendations on Raising Minimum Wage for Fast Food Workers" (Press release). New York State Department of Labor. May 7, 2015. Archived from the original on September 5, 2015.
  46. ^ McGeehan, Patrick (July 22, 2015). "New York Plans $15-an-Hour Minimum Wage for Fast Food Workers". The New York Times.
  47. ^ "Order of Acting Commissioner of Labor Mario J. Musolino on the Report and Recommendations of the Fast Food Wage Board" (Press release). New York State Department of Labor. September 10, 2015. Archived from the original on November 17, 2015.
  48. ^ "Fast Food Minimum Wage", New York State Register, Vol. XXXVII, Issue 42 (October 21, 2015), pp. 8-11, Rulemaking I.D. No. LAB-42-15-00003-P; Vol. XXXVII, Issue 51 (December 23, 2015), pp. 19, Rulemaking I.D. No. LAB-42-15-00003-A.
  49. ^ "Cuomo names AFL-CIO official his new labor commissioner". Retrieved 2015-10-04.
  50. ^ "Department of Labor Announces Senate Confirmation of Commissioner Reardon" (Press release). New York State Department of Labor. June 15, 2016.
  51. ^ "New York State's Minimum Wage". Welcome to the State of New York. 2016-09-20. Retrieved 2021-01-03.
  52. ^ "Tips and Gratuities Frequently Asked Questions". New York State Department of Labor. Retrieved 2021-01-03.
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