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Senate Bill S7034

2013-2014 Legislative Session

Relates to the minimum wage for food service workers receiving tips

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Archive: Last Bill Status - In Senate Committee Labor Committee

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2013-S7034 (ACTIVE) - Details

Current Committee:
Senate Labor
Law Section:
Labor Law
Laws Affected:
Amd §652, Lab L
Versions Introduced in 2015-2016 Legislative Session:
S3257

2013-S7034 (ACTIVE) - Summary

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

2013-S7034 (ACTIVE) - Sponsor Memo

2013-S7034 (ACTIVE) - Bill 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

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