senate Bill S3109A

2013-2014 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 Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to labor
Apr 25, 2013 print number 3109a
amend and recommit to labor
Jan 30, 2013 referred to labor

Bill Amendments

Original
A (Active)
Original
A (Active)

S3109 - Details

See Assembly Version of this Bill:
A2179E
Current Committee:
Law Section:
Labor Law
Laws Affected:
Amd §196-d, Lab L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S7791, A9439C
2013-2014: S3109A

S3109 - Summary

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

S3109 - Sponsor Memo

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

S3109A (ACTIVE) - Details

See Assembly Version of this Bill:
A2179E
Current Committee:
Law Section:
Labor Law
Laws Affected:
Amd §196-d, Lab L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S7791, A9439C
2013-2014: S3109A

S3109A (ACTIVE) - Summary

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

S3109A (ACTIVE) - Sponsor Memo

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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