Bill > S00028

This bill eliminates provisions that previously allowed employers to pay employees with disabilities less than the minimum wage by modifying existing labor law. Specifically, the bill removes language that exempted individuals with disabilities from standard minimum wage requirements and adds new provisions to ensure that employees with disabilities are paid at least the highest acceptable minimum wage, regardless of whether an employer has a special certificate from the U.S. Department of Labor (known as a "special certificate") that previously allowed lower wages. The bill defines a "special certificate" as a federal authorization that historically permitted employers to pay reduced wages to employees whose earning or productive capacity is impaired by age, physical or mental disability, or injury. The changes will be implemented in stages, with key provisions taking effect in December 2025 and December 2027, effectively phasing out the ability to pay subminimum wages to workers with disabilities. The bill aims to promote fair compensation and reduce wage discrimination against employees with disabilities by ensuring they receive the same minimum wage as employees without disabilities in comparable positions.

Budget and Finance, Health and Social Services, Labor and Employment

https://www.nysenate.gov/legislation/bills/2025/S28