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Assembly Bill A9439C

2011-2012 Legislative Session

Requires notice from employers to customers of service charges and administrative fees that are not distributed to employees as gratuities

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Archive: Last Bill Status - In Assembly Committee

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Bill Amendments

co-Sponsors

multi-Sponsors

2011-A9439 - Details

Current Committee:
Assembly Labor
Law Section:
Labor Law
Laws Affected:
Amd §196-d, Lab L

2011-A9439 - Summary

Requires notice from employers to customers of service charges and administrative fees that are not distributed to employees as gratuities.

2011-A9439 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  9439

                          I N  A S S E M B L Y

                              March 1, 2012
                               ___________

Introduced  by  M.  of  A.  GOLDFEDER  --  read once and referred 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. 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 gratui-
ty 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  gratui-
ties in the amount determined in accordance with the provisions of arti-
cle  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 simi-
lar 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 ON
THE CHECK OR INVOICE THAT THE CHARGE IS NOT A GRATUITY AND WILL  NOT  BE
DISTRIBUTED  TO  EMPLOYEES  WHO PROVIDED SERVICE TO GUESTS, OR IF ONLY A
PORTION OF THE CHARGE IS DISTRIBUTED AS GRATUITIES, THE PORTION DISTRIB-
UTED AS GRATUITIES MUST BE IDENTIFIED. THE STATEMENTS SHALL USE ORDINARY
LANGUAGE READILY UNDERSTOOD AND SHALL APPEAR IN A TYPE SIZE  SIMILAR  TO
SURROUNDING  TEXT, BUT NO SMALLER THAN TWELVE POINT TYPE.  NOTWITHSTAND-
ING THE FOREGOING, PRIOR TO THE EFFECTIVE DATE  OF  THIS  SENTENCE,  ANY
MANDATORY  SERVICE  OR  ADMINISTRATIVE  CHARGE,  OR  ANY  MANDATORY FEE,
IMPOSED BY AN EMPLOYER AS PART OF  A  BANQUET  SERVING  TWENTY  OR  MORE
GUESTS SHALL NOT BE DEEMED A GRATUITY OR CHARGE PURPORTED TO BE A GRATU-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

co-Sponsors

multi-Sponsors

2011-A9439A - Details

Current Committee:
Assembly Labor
Law Section:
Labor Law
Laws Affected:
Amd §196-d, Lab L

2011-A9439A - Summary

Requires notice from employers to customers of service charges and administrative fees that are not distributed to employees as gratuities.

2011-A9439A - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 9439--A

                          I N  A S S E M B L Y

                              March 1, 2012
                               ___________

Introduced  by  M.  of A. GOLDFEDER, MONTESANO, MURRAY, LAVINE, SCHIMEL,
  DenDEKKER, WEPRIN -- Multi-Sponsored by -- M.  of  A.  FITZPATRICK  --
  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  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: (I) THE CHARGE IS CONSPICUOUSLY
DISCLOSED TO THE CUSTOMER BEFORE FOOD OR BEVERAGE IS ORDERED;  AND  (II)
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.
              

co-Sponsors

multi-Sponsors

2011-A9439B - Details

Current Committee:
Assembly Labor
Law Section:
Labor Law
Laws Affected:
Amd §196-d, Lab L

2011-A9439B - Summary

Requires notice from employers to customers of service charges and administrative fees that are not distributed to employees as gratuities.

2011-A9439B - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 9439--B

                          I N  A S S E M B L Y

                              March 1, 2012
                               ___________

Introduced  by  M.  of A. GOLDFEDER, MONTESANO, MURRAY, LAVINE, SCHIMEL,
  DenDEKKER, WEPRIN, MOYA,  BRAUNSTEIN,  WEISENBERG,  SIMANOWITZ,  COOK,
  RYAN,  CUSICK,  BROOK-KRASNY,  BRINDISI, ESPINAL, TITUS, CLARK, AUBRY,
  SCARBOROUGH, M. MILLER, MAISEL, HEVESI -- Multi-Sponsored by -- M.  of
  A. FITZPATRICK, LOSQUADRO, McDONOUGH, NOLAN, RA, RAIA -- read once and
  referred  to  the  Committee  on  Labor  -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee  --  again  reported  from said committee with amendments, 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: (I) THE CHARGE IS CONSPICUOUSLY
DISCLOSED TO THE CUSTOMER BEFORE FOOD OR BEVERAGE IS ORDERED;  AND  (II)
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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

co-Sponsors

multi-Sponsors

2011-A9439C (ACTIVE) - Details

Current Committee:
Assembly Labor
Law Section:
Labor Law
Laws Affected:
Amd §196-d, Lab L

2011-A9439C (ACTIVE) - Summary

Requires notice from employers to customers of service charges and administrative fees that are not distributed to employees as gratuities.

2011-A9439C (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 9439--C

                          I N  A S S E M B L Y

                              March 1, 2012
                               ___________

Introduced  by  M.  of A. GOLDFEDER, MONTESANO, MURRAY, LAVINE, SCHIMEL,
  DenDEKKER, WEPRIN, MOYA,  BRAUNSTEIN,  WEISENBERG,  SIMANOWITZ,  COOK,
  RYAN,  CUSICK,  BROOK-KRASNY,  BRINDISI, ESPINAL, TITUS, CLARK, AUBRY,
  SCARBOROUGH, M. MILLER, MAISEL, HEVESI, SIMOTAS, CYMBROWITZ --  Multi-
  Sponsored by -- M. of A. FITZPATRICK, LOSQUADRO, McDONOUGH, NOLAN, RA,
  RAIA,  SALADINO -- read once and referred to the Committee on Labor --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted  to  said  committee -- again reported from said committee
  with amendments, ordered reprinted as amended and recommitted to  said
  committee  --  again  reported  from  said  committee with amendments,
  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: (I) THE CHARGE IS CONSPICUOUSLY
DISCLOSED TO THE CUSTOMER BEFORE FOOD OR BEVERAGE IS ORDERED;  AND  (II)
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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

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