Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 08, 2014 |
referred to labor |
Apr 25, 2013 |
print number 3109a |
Apr 25, 2013 |
amend and recommit to labor |
Jan 30, 2013 |
referred to labor |
Senate Bill S3109A
2013-2014 Legislative Session
Sponsored By
(R, C) 7th Senate District
Archive: Last Bill Status - In Senate Committee Labor Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Bill Amendments
2013-S3109 - Details
- See Assembly Version of this Bill:
- A2179
- Current Committee:
- Senate Labor
- Law Section:
- Labor Law
- Laws Affected:
- Amd §196-d, Lab L
- Versions Introduced in Other Legislative Sessions:
-
2011-2012:
S7791
2015-2016: A3773
2013-S3109 - Sponsor Memo
BILL NUMBER:S3109 TITLE OF BILL: An act to amend the labor law, in relation to requiring notice from employers to customers of service charges and administration fees that are not distributed to employees as gratuities PURPOSE OF BILL: To codify the past practices of catering hall facili- ties based on Department of Labor regulations for the imposition of service charges prior to the Court of Appeals decision in Samineto v. World Yacht, Inc. SUMMARY OF SPECIFIC PROVISIONS: Amends section 196-d of the labor law, as added by chapter 1007 of the laws of 1968 creating a new subsection 1 to allow for employers to add a mandatory gratuity so long as the charge is conspicuously disclosed and the full amount of the gratuity is distributed to the employees. Additionally amends the current labor law section 196-d to explicitly state that written notice shall be given to customers that mandatory service charges or any similar administrative fee, are not part of a gratuity if that charge, or only part of that charge is not to be distributed to any employees as a gratuity. The statement shall be written in ordinary language in no smaller than 12 point font on the agreement or contract and in a type size similar to the surrounding text on the check or invoice. Subsection 3 sets forth the requirements for an affirmative defense for an action stemming from events held prior to January 1, 2011 (the effective date of the Depart- ment of Labor regulation setting disclosure requirements).
2013-S3109 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 3109 2013-2014 Regular Sessions I N S E N A T E January 30, 2013 ___________ Introduced by Sen. MARTINS -- read twice and ordered printed, and when printed to be committed to the Committee on Labor AN ACT to amend the labor law, in relation to requiring notice from employers to customers of service charges and administration fees that are not distributed to employees as gratuities THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 196-d of the labor law, as added by chapter 1007 of the laws of 1968, is amended to read as follows: S 196-d. Gratuities. 1. AN EMPLOYER SHALL NOT BE PROHIBITED FROM ADDING A MANDATORY GRATUITY AS LONG AS: (A) THE CHARGE IS CONSPICUOUSLY DISCLOSED TO THE CUSTOMER BEFORE FOOD OR BEVERAGE IS ORDERED; AND (B) NO EMPLOYER OR HIS AGENT OR AN OFFICER OR AGENT OF ANY CORPORATION, SHALL RETAIN ANY PORTION OF SUCH GRATUITY. THE DISCLOSURE SHALL USE ORDINARY LANGUAGE READILY UNDERSTOOD AND SHALL APPEAR IN A TYPE SIZE SIMILAR TO SURROUNDING TEXT. 2. No employer or his agent or an officer or agent of any corporation, or any other person shall demand or accept, directly or indirectly, any part of the gratuities, received by an employee, or retain any part of a gratuity or of any charge purported to be a gratuity for an employee. This provision shall not apply to the checking of hats, coats or other apparel. Nothing in this subdivision shall be construed as affecting the allowances from the minimum wage for gratuities in the amount determined in accordance with the provisions of article nineteen of this chapter nor as affecting practices in connection with banquets and other special functions where a fixed percentage of the patron's bill is added for gratuities which are distributed to employees, nor to the sharing of tips by a waiter with a busboy or similar employee. AN EMPLOYER THAT IMPOSES A MANDATORY SERVICE CHARGE, ADMINISTRATIVE FEE, OR ANY OTHER SIMILAR CHARGE WHICH IS NOT DISTRIBUTED TO EMPLOYEES AS GRATUITIES MUST PROVIDE WRITTEN NOTICE TO CUSTOMERS IN THE CONTRACT OR AGREEMENT FOR EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00028-02-3
2013-S3109A (ACTIVE) - Details
- See Assembly Version of this Bill:
- A2179
- Current Committee:
- Senate Labor
- Law Section:
- Labor Law
- Laws Affected:
- Amd §196-d, Lab L
- Versions Introduced in Other Legislative Sessions:
-
2011-2012:
S7791
2015-2016: A3773
2013-S3109A (ACTIVE) - Sponsor Memo
BILL NUMBER:S3109A TITLE OF BILL: An act to amend the labor law, in relation to requiring notice from employers to customers of service charges and administration fees that are not distributed to employees as gratuities PURPOSE OF BILL: To codify the past practices of catering hall facilities based on Department of Labor regulations for the imposition of service charges prior to the Court of Appeals decision in Samineto v. World Yacht, Inc, SUMMARY OF SPECIFIC PROVISIONS: Amends section 196-d of the labor law, as added by chapter 1007 of the laws of 1968 creating a new subsection 1 to allow for employers to add a mandatory gratuity so long as the charge is conspicuously disclosed and the full amount of the gratuity is distributed to the employees. Additionally amends the current labor law section 196-d to explicitly state that written notice shall be given to customers that mandatory service charges or any similar administrative fee, are not part of a gratuity if that charge, or only part of that charge is not to be distributed to any employees as a gratuity. The statement shall be written in ordinary language in no smaller than 12 point font on the agreement or contract and in a type size similar to the surrounding text on the check or invoice. Subsection 3 sets forth the requirements for an affirmative defense for an action stemming from events held prior to January 1, 2011 (the
2013-S3109A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 3109--A 2013-2014 Regular Sessions I N S E N A T E January 30, 2013 ___________ Introduced by Sen. MARTINS -- read twice and ordered printed, and when printed to be committed 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 requiring notice from employers to customers of service charges and administration fees that are not distributed to employees as gratuities THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 196-d of the labor law, as added by chapter 1007 of the laws of 1968, is amended to read as follows: S 196-d. Gratuities. 1. AN EMPLOYER SHALL NOT BE PROHIBITED FROM ADDING A MANDATORY GRATUITY AS LONG AS: (A) THE CHARGE IS CONSPICUOUSLY DISCLOSED TO THE CUSTOMER BEFORE FOOD OR BEVERAGE IS ORDERED; AND (B) NO EMPLOYER OR HIS AGENT OR AN OFFICER OR AGENT OF ANY CORPORATION, SHALL RETAIN ANY PORTION OF SUCH GRATUITY. THE DISCLOSURE SHALL USE ORDINARY LANGUAGE READILY UNDERSTOOD AND SHALL APPEAR IN A TYPE SIZE SIMILAR TO SURROUNDING TEXT. 2. No employer or his agent or an officer or agent of any corporation, or any other person shall demand or accept, directly or indirectly, any part of the gratuities, received by an employee, or retain any part of a gratuity or of any charge purported to be a gratuity for an employee. This provision shall not apply to the checking of hats, coats or other apparel. Nothing in this subdivision shall be construed as affecting the allowances from the minimum wage for gratuities in the amount determined in accordance with the provisions of article nineteen of this chapter nor as affecting practices in connection with banquets and other special functions where a fixed percentage of the patron's bill is added for gratuities which are distributed to employees, nor to the sharing of tips by a waiter with a busboy or similar employee. AN EMPLOYER THAT IMPOSES A MANDATORY SERVICE CHARGE, ADMINISTRATIVE FEE, OR ANY OTHER EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00028-03-3
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