12 N.Y.2d 998 | NY | 1963
Dissenting Opinion
I dissent and vote to reverse on the ground that the City Minimum Wage Law is a constitutionally valid enactment. It merely provides that every employer shall pay to each employee a wage of not less than $1.25 per hour and $1.50 per hour one year hence which, when in force, will not result in the payment to any employee of a wage less than the
The judgments appealed from should be reversed, with costs, and judgment should be rendered in favor of the city declaring the City Minimum Wage Law to be valid and constitutional.
Dissenting Opinion
I find nothing in the State Minimum Wage Law (Labor Law, § 650) which gives evidence of any legislative design to exclude consistent local legislation and, since the New York City Minimum Wage Law (Administrative Code of City of New York, § 1113-1.0 et seq.) neither prohibits what the State statute affirmatively permits nor permits what it prohibits, I perceive no such conflict as to require the local law to be stricken as unconstitutional. There is no inconsistency between a city law and a State statute dealing with the same subject simply because the local law provides higher minima or standards than those prescribed by the State law. In the present ease, both enactments are prohibitory, the only difference between them being that the local law goes further than, not counter to, the prohibition contained in the State statute.
It is only necessary to add that, in my view, New York City had power to pass the local law before us under its police power,
I would reverse the judgments appealed from and render judgment declaring the City Minimum Wage Law valid and constitutional.
Judgments affirmed, etc.
. If I be correct in this analysis, then, the provisions of the City Home Rule Law relied upon barring adoption of a local law which “ supersedes” (§ 21, subd. 5) or “amends” or “repeals” (§ 11, subd. 4) a State statute did not prevent enactment of the legislation before us. (Cf. People v. Sampsell, 248 N. Y. 157, dealing with subdivision 8 of section 21 of the City Home Rule Law.)
Lead Opinion
In each action: Judgment affirmed, without costs, upon the opinion (17 A D 2d 327) in the Appellate Division.
Concur: Chief Judge Desmond and Judges Van Voorhis, Burke and Foster. Judges Dye, Fuld and Scileppi dissent and vote to reverse; Judge Dye in an opinion in which Judges Fuld and Scileppi concur and Judge Fuld in a separate opinion in which Judges Dye and Scileppi concur.