Assembly Bill A9948

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

                                  9948

                          I N  A S S E M B L Y

                              June 2, 2014
                               ___________

Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Mosley) --
  read once and referred to the Committee on Labor

AN ACT to amend the labor law, in relation to reporting of gratuities

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. The opening paragraph of paragraph (a) of subdivision 1 of
section 215 of the labor law, as added by chapter 564  of  the  laws  of
2010, is amended to read as follows:
  No employer or his or her agent, or the officer or agent of any corpo-
ration,  partnership, or limited liability company, or any other person,
shall discharge, threaten, penalize, or in any other manner discriminate
or retaliate against any employee (i) because such employee has  made  a
complaint  to  his or her employer, or to the commissioner or his or her
authorized representative, or to  the  attorney  general  or  any  other
person,  that  the  employer  has  engaged in conduct that the employee,
reasonably and in good faith, believes violates any  provision  of  this
chapter,  or  any  order  issued  by  the commissioner (ii) because such
employer or person believes that such employee has made a  complaint  to
his  or  her  employer,  or to the commissioner or his or her authorized
representative, or to the attorney general, or to any other person  that
the  employer  has  violated any provision of this chapter, or any order
issued by the commissioner (iii) because such employee has caused to  be
instituted  or  is  about  to institute a proceeding under or related to
this chapter, or (iv) because such employee has provided information  to
the commissioner or his or her authorized representative or the attorney
general,  or  (v)  because  such  employee  has testified or is about to
testify in an investigation or proceeding under this  chapter,  or  (vi)
because  such  employee  has  otherwise exercised rights protected under
this chapter, or (vii) because the  employer  has  received  an  adverse
determination  from  the  commissioner involving the employee, OR (VIII)
BECAUSE SUCH EMPLOYEE REFUSES TO MISREPORT GRATUITIES RECEIVED, OR  (IX)
BECAUSE  SUCH  EMPLOYEE IN GOOD FAITH REPORTS ACTUAL GRATUITIES RECEIVED
WHICH ARE INSUFFICIENT TO PERMIT THE EMPLOYER TO  CLAIM  ALLOWANCES  FOR
GRATUITIES.

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

                                                           LBD15381-01-4

A. 9948                             2

  S  2.  Subdivision  2  of  section 662 of the labor law, as amended by
chapter 564 of the laws of 2010, is amended to read as follows:
  2.  Failure  to keep records. Any employer or his or her agent, or the
officer or agent of any corporation, partnership, or  limited  liability
company, who fails to keep the records required under this article or to
furnish  such  records or any information required to be furnished under
this article to the commissioner or his or her authorized representative
upon request, or who hinders or delays the commissioner or  his  or  her
authorized representative in the performance of his or her duties in the
enforcement of this article, or refuses to admit the commissioner or his
or  her  authorized representative to any place of employment, or falsi-
fies any such records, OR  INSTRUCTS  AN  EMPLOYEE  TO  FALSIFY  RECORDS
INCLUDING  RECORDS  OF GRATUITIES RECEIVED, OR THREATENS TO RETALIATE OR
RETALIATES AGAINST AN EMPLOYEE IF HE OR SHE REFUSES TO  FALSIFY  RECORDS
OF GRATUITIES RECEIVED OR HE OR SHE DOES NOT IN GOOD FAITH REPORT SUFFI-
CIENT  GRATUITIES TO PERMIT THE EMPLOYER TO CLAIM ALLOWANCES FOR GRATUI-
TIES, or refuses to make such records accessible to the commissioner  or
his  or  her  authorized  representative,  or refuses to furnish a sworn
statement of such records or any  other  information  required  for  the
proper  enforcement  of  this  article to the commissioner or his or her
authorized representative, shall be guilty of  a  misdemeanor  and  upon
conviction  therefor  shall be fined not less than five hundred nor more
than five thousand dollars or imprisoned for not  more  than  one  year,
and,  in  the  event that any second or subsequent offense occurs within
six years of the date of conviction for a prior offense, shall be guilty
of a felony for the second or subsequent offense,  and  upon  conviction
therefor, shall be fined not less than five hundred nor more than twenty
thousand  dollars or imprisoned for not more than one year plus one day,
or  punished  by  both  such  fine  and  imprisonment,  for  each   such
offense.Each  day's  failure  to  keep  the records requested under this
article or to furnish such records or information to the commissioner or
his  or  her  authorized  representative  shall  constitute  a  separate
offense.
  S 3. This act shall take effect immediately.