senate Bill S7034

2013-2014 Legislative Session

Relates to the minimum wage for food service workers receiving tips

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Committee


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

do you support this bill?

Actions

view actions (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Apr 21, 2014 referred to labor

S7034 - Bill Details

Current Committee:
Law Section:
Labor Law
Laws Affected:
Amd §652, Lab L

S7034 - Bill Texts

view summary

Relates to the minimum wage for food service workers receiving tips.

view sponsor memo
BILL NUMBER:S7034

TITLE OF BILL: An act to amend the labor law, in relation to the
minimum wage for food service workers receiving tips

PURPOSE:

To increase the New York State minimum wage for food service workers
receiving tips to equal seventy percent (70%) of the state's standard
minimum wage.

SUMMARY OF PROVISIONS:

§ 1. Subdivision 4 of section 652 of the labor law, as amended by
chapter 747 of the laws of 2004 is amended to raise the New York State
minimum for food service workers receiving tips to equal seventy
percent (70%) of the state's standard minimum wage.

§ 2. This act shall take effect on the ninetieth day after it shall
have become a law.

JUSTIFICATION:

Recently the Chairman of the President's Council of Economic Advisers,
declared that the minimum wage has not kept up with inflation. A
minimum wage that does not keep up with inflation forces employees
working at or near the minimum wage to live in poverty even though
they may work full-time.

In New York the current minimum wage for food service employees is
$5.00 per hour. While these employees receive tips in addition to
their wages, many times those wages plus tips do not even add up to
the state minimum wage. According to Restaurant Opportunities Centers
United, a restaurant workers coalition, restaurant workers are the
largest group of full-time workers living in poverty.

RaisetheMinimumWage.com, a project of the National Employment Law
Project states, "Tips are notoriously erratic, varying from shift to
shift and from season to season. Tipped workers are hit especially
hard during economic downturns, as financially squeezed consumers
often have no choice but to leave smaller tips or cut back on spending
at diners or salons altogether. A higher tipped minimum wage would
help cushion the impact of these fluctuations and ensure a guaranteed
basic income for tipped workers." Raising the tipped minimum wage to
70 percent of the full minimum wage will ensure that the bulk of
tipped workers' income is paid directly by their employers rather than
being made up by tips. RaisetheMinimumWage.com further stated,
"Providing tipped workers a stable base income paid directly by their
employers is a key step for improving the economic security and
working conditions of low-paid tipped workers." This bill would
provide such stability for food service employees and allow them to
work full-time and be able to support themselves.

LEGISLATIVE HISTORY:

New Bill.


FISCAL IMPLICATIONS:

No Cost to State.

EFFECTIVE DATE:

This act shall take effect immediately.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7034

                            I N  S E N A T E

                             April 21, 2014
                               ___________

Introduced  by  Sen. SANDERS -- 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 the minimum wage for  food
  service workers receiving tips

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

  Section 1. Subdivision 4 of section 652 of the labor law,  as  amended
by chapter 747 of the laws of 2004, is amended to read as follows:
  4.  Notwithstanding subdivisions one and two of this section, the wage
for an employee who is a food service worker receiving tips shall  be  a
cash  wage  of  at  least  three dollars and thirty cents per hour on or
after March thirty-first, two thousand; three  dollars  and  eighty-five
cents  on  or  after  January  first,  two  thousand five; at least four
dollars and thirty-five cents on or after January  first,  two  thousand
six;  [and]  at  least  four dollars and sixty cents on or after January
first, two thousand seven[, provided that the tips of such an  employee,
when  added  to  such  cash  wage, are equal to or exceed]; AND AT LEAST
SEVENTY PERCENT OF the minimum wage in effect  pursuant  to  subdivision
one  of  this  section  [and provided further that no other cash wage is
established pursuant to section six hundred fifty-three of this article]
OR SEVENTY PERCENT OF THE MINIMUM WAGE IN EFFECT IN THE APPLICABLE MUNI-
CIPALITY ON OR AFTER JANUARY FIRST, TWO THOUSAND FIFTEEN.  In the  event
the  cash  wage  payable  under  the Fair Labor Standards Act (29 United
States Code Sec. 203 (m), as amended), is increased after  enactment  of
this  subdivision,  the  cash  wage payable under this subdivision shall
automatically be increased by the proportionate  increase  in  the  cash
wage payable under such federal law, and will be immediately enforceable
as the cash wage payable to food service workers under this article.
  S 2. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13658-01-4

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.