STATE OF NEW YORK ________________________________________________________________________ 6027--A 2015-2016 Regular Sessions IN SENATE August 7, 2015 ___________ Introduced by Sen. DeFRANCISCO -- read twice and ordered printed, and when printed to be committed to the Committee on Rules -- recommitted to the Committee on Labor in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the labor law, in relation to certain affirmative defenses The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraph (b) of subdivision 1 of section 195 of the labor 2 law, as added by chapter 564 of the laws of 2010, is amended to read as 3 follows: 4 (b) The commissioner shall prepare templates that comply with the 5 requirements of paragraph (a) of this subdivision. Each such template 6 shall be dual-language, including English and one additional language. 7 The commissioner shall determine, in his or her discretion, which 8 languages to provide in addition to English, based on the size of the 9 New York state population that speaks each language and any other factor 10 that the commissioner shall deem relevant. All such templates shall be 11 made available to employers in such manner as determined by the commis- 12 sioner. Employers may rely upon these templates and shall not be liable 13 for their good faith reliance upon the templates provided by the commis- 14 sioner; 15 § 2. Section 196-d of the labor law, as added by chapter 1007 of the 16 laws of 1968, is amended to read as follows: 17 § 196-d. Gratuities. No employer or his agent or an officer or agent 18 of any corporation, or any other person shall demand or accept, directly 19 or indirectly, any part of the gratuities, received by an employee, or 20 retain any part of a gratuity or of any charge purported to be a gratui- 21 ty for an employee. This provision shall not apply to the checking of 22 hats, coats or other apparel. Nothing in this subdivision shall be EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11769-03-6