Bill Text: NY A01710 | 2023-2024 | General Assembly | Amended
Bill Title: Provides for minimum wage requirements for miscellaneous industry workers.
Spectrum: Partisan Bill (Democrat 55-2)
Status: (Introduced) 2024-01-03 - referred to labor [A01710 Detail]
Download: New_York-2023-A01710-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 1710--A 2023-2024 Regular Sessions IN ASSEMBLY January 20, 2023 ___________ Introduced by M. of A. GONZALEZ-ROJAS, EPSTEIN, KELLES, CLARK, DE LOS SANTOS, CRUZ, GALLAGHER, ARDILA, BURGOS, BURDICK, SIMON, SEPTI- MO, SHIMSKY, RAGA, BORES, SHRESTHA, CUNNINGHAM, ROZIC, BICHOTTE HERME- LYN, SIMONE, TAYLOR, K. BROWN, DeSTEFANO, AUBRY, LEVENBERG, CARROLL, RIVERA, ANDERSON, FORREST, MAMDANI, COLTON, RAMOS, JOYNER, L. ROSEN- THAL, ALVAREZ, WALLACE -- read once and referred to the Committee on Labor -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the labor law, in relation to providing for minimum wage requirements for miscellaneous industry workers The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 196-d of the labor law, as added by chapter 1007 of 2 the laws of 1968, is amended to read as follows: 3 § 196-d. Gratuities. No employer or [his] their agent or an officer or 4 agent of any corporation, or any other person shall demand or accept, 5 directly or indirectly, any part of the gratuities, received by an 6 employee, or retain any part of a gratuity or of any charge purported to 7 be a gratuity for an employee. This provision shall not apply to the 8 checking of hats, coats or other apparel. Nothing in this subdivision 9 shall be construed as affecting the allowances from the minimum wage for 10 gratuities in the amount determined in accordance with the provisions of 11 article nineteen of this chapter nor as affecting practices in 12 connection with banquets and other special functions where a fixed 13 percentage of the patron's bill is added for gratuities which are 14 distributed to employees, nor to the sharing of tips by a waiter, if the 15 employer takes a credit for gratuities as permitted by subdivision two 16 of section six hundred fifty-two of this chapter with a busboy or simi- 17 lar employee, or, if the employer does not take a credit for gratuities 18 as permitted by subdivision two of section six hundred fifty-two of this 19 chapter, with any other non-managerial and non-supervisory employees. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD06920-06-3A. 1710--A 2 1 § 2. Section 651 of the labor law is amended by adding a new subdivi- 2 sion 10 to read as follows: 3 10. "Miscellaneous industry worker" means any employee covered by the 4 minimum wage order for miscellaneous industries and occupations pursuant 5 to the provisions of 12 NYCRR part 142, including, but not limited to, 6 car wash attendants, nail salon workers, tow truck drivers, dog groom- 7 ers, wedding planners, tour guides, valet parking attendants, hairdres- 8 sers, aestheticians, golf and tennis instructors, and door-persons. 9 § 3. Subdivisions 2 and 4 of section 652 of the labor law, as amended 10 by section 3 of part S of chapter 56 of the laws of 2023, are amended to 11 read as follows: 12 2. Existing wage orders. The minimum wage orders in effect on the 13 effective date of this act shall remain in full force and effect, except 14 as modified in accordance with the provisions of this article; provided, 15 however, that the minimum wage order for farm workers codified at part 16 one hundred ninety of title twelve of the New York code of rules and 17 regulations in effect on January first, two thousand twenty shall be 18 deemed to be a wage order established and adopted under this article and 19 shall remain in full force and effect except as modified in accordance 20 with the provisions of this article or article nineteen-A of this chap- 21 ter. 22 Such minimum wage orders shall be modified by the commissioner to 23 increase all monetary amounts specified therein in the same proportion 24 as the increase in the hourly minimum wage as provided in subdivisions 25 one, one-a, and one-b of this section, including the amounts specified 26 in such minimum wage orders as allowances for gratuities, and when 27 furnished by the employer to its employees, for meals, lodging, apparel 28 and other such items, services and facilities, except that the hourly 29 cash wage for food service workers, service employees and miscellaneous 30 industry workers who receive tips shall not be less than the cash wage 31 as provided in subdivision four of this section, and the maximum credit 32 for tips in minimum wage orders shall be modified so that such credit, 33 when combined with such cash wage, is equal to the minimum wage, and the 34 hourly cash wage for miscellaneous industry workers shall not be less 35 than the cash wage as provided in subdivision four of this section. All 36 amounts so modified shall be rounded off to the nearest five cents. The 37 modified orders shall be promulgated by the commissioner without a 38 public hearing, and without reference to a wage board, and shall become 39 effective on the effective date of such increases in the minimum wage 40 except as otherwise provided in this subdivision, notwithstanding any 41 other provision of this article. 42 4. [Notwithstanding subdivisions one, one-a, one-b, and two of this43section, the wage for an employee who is a food service worker receiving44tips shall be a cash wage of at least two-thirds of the minimum wage45rates set forth in subdivision one of this section, rounded to the near-46est five cents or seven dollars and fifty cents, whichever is higher,47provided that the tips of such an employee, when added to such cash48wage, are equal to or exceed the minimum wage in effect pursuant to49subdivisions one, one-a, and one-b of this section and provided further50that no other cash wage is established pursuant to section six hundred51fifty-three of this article] (a) Notwithstanding subdivisions one and 52 two of this section and section six hundred fifty-three of this article, 53 the wage for an employee who is a food service worker service employee 54 receiving tips and paid pursuant to the provisions of 12 NYCRR part 146 55 shall be, for each hour worked in the city of New York, a cash wage of 56 not less than:A. 1710--A 3 1 $12.77 per hour on and after January 1, 2024; 2 $14.88 per hour on and after January 1, 2025; 3 $17.00 per hour on and after January 1, 2026, and beginning on January 4 first, two thousand twenty-seven, a cash wage rate established by the 5 commissioner annually, indexed to inflation as described in subdivision 6 one-b of this section. 7 (b) Notwithstanding subdivisions one and two of this section and 8 section six hundred fifty-three of this article, the wage for an employ- 9 ee who is a food service worker or service employee receiving tips and 10 paid pursuant to the provisions of 12 NYCRR part 146 shall be, for each 11 hour worked in the counties of Nassau, Suffolk and Westchester, a cash 12 wage of not less than: 13 $12.77 per hour on and after January 1, 2024; 14 $14.88 per hour on and after January 1, 2025; 15 $17.00 per hour on and after January 1, 2026, and beginning on January 16 first, two thousand twenty-seven, a cash wage rate established by the 17 commissioner annually, indexed to inflation as described in subdivision 18 one-b of this section. 19 (c) Notwithstanding subdivisions one and two of this section and 20 section six hundred fifty-three of this article, the wage for an employ- 21 ee who is a food service worker or service employee receiving tips and 22 paid pursuant to the provisions of 12 NYCRR part 146 shall be, for each 23 hour worked outside the city of New York and the counties of Nassau, 24 Suffolk and Westchester, a cash wage of not less than: 25 $11.50 per hour on and after January 1, 2024; 26 $13.00 per hour on and after January 1, 2025; 27 $14.50 per hour on and after January 1, 2026; 28 $16.00 per hour on and after January 1, 2027, and beginning on January 29 first, two thousand twenty-eight, a cash wage rate established by the 30 commissioner annually, indexed to inflation as described in subdivision 31 one-b of this section. 32 (d) Notwithstanding subdivisions one and two of this section, the wage 33 for an employee who is a miscellaneous industry worker receiving tips 34 and paid pursuant to the provisions of 12 NYCRR part 142 shall be for 35 each hour worked in the city of New York, a cash wage of not less than 36 the cash wage rate as described in paragraph (a) of subdivision one-a of 37 this section. 38 (e) Notwithstanding subdivisions one and two of this section, the wage 39 for an employee who is a miscellaneous industry worker receiving tips 40 and paid pursuant to the provisions of 12 NYCRR part 142 shall be for 41 each hour worked in the counties of Nassau, Suffolk and Westchester, a 42 cash wage of not less than the cash wage rate as described in paragraph 43 (b) of subdivision one-a of this section. 44 (f) Notwithstanding subdivisions one and two of this section, the wage 45 for an employee who is a miscellaneous industry worker receiving tips 46 and paid pursuant to the provisions of 12 NYCRR part 142 shall be for 47 each hour worked outside the city of New York and the counties of 48 Nassau, Suffolk and Westchester, a cash wage of not less than the cash 49 wage rate as described in paragraph (c) of subdivision one-a of this 50 section. 51 § 4. Subdivision 2 of section 653 of the labor law, as added by chap- 52 ter 14 of the laws of 2000, is amended to read as follows: 53 (2) The commissioner shall, within six months after enactment of any 54 change in the statutory minimum wage set forth in subdivision one of 55 section six hundred fifty-two of this article, appoint a wage board to 56 inquire and report and recommend any changes to wage orders governingA. 1710--A 4 1 wages payable to food service workers. Such wage board shall be estab- 2 lished consistent with the provisions of subdivision one of section six 3 hundred fifty-five of this article, except the representatives of the 4 employees shall be selected upon the nomination of the state American 5 Federation of Labor/Congress of Industrial Organizations; and provided, 6 further, that the representatives of the employers shall be selected 7 upon the nomination of the New York State Business Council. [Any wage8order authorizing a lesser wage than the previously and statutorily9mandated minimum wage for such employees shall be reviewed by the wage10board to ascertain at what level such wage order is sufficient to11provide adequate maintenance and to protect the health and livelihood of12employees subject to such a wage order after a statutory increase in the13mandated minimum wage] Notwithstanding section six hundred fifty-five of 14 this article, a wage order under this subdivision shall not authorize a 15 lesser wage than the previously and statutorily mandated minimum wage 16 for such employees. 17 § 5. Severability clause. If any clause, sentence, paragraph, subdivi- 18 sion, section or part of this act shall be adjudged by any court of 19 competent jurisdiction to be invalid, such judgment shall not affect, 20 impair, or invalidate the remainder of this act, but shall be confined 21 in its operation to the clause, sentence, paragraph, subdivision, 22 section or part of this act directly involved in the controversy in 23 which such judgment shall have been rendered. It is hereby declared to 24 be the intent of the legislature that this act would have been enacted 25 even if such invalid clause, sentence, paragraph, subdivision, section 26 or part of this act had not been included herein. 27 § 6. This act shall take effect immediately.
