NY State Senate Bill 2015-S3257A

Archive: Last Bill Status - In Senate Committee Labor Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 15, 2016	print number 3257a
Jan 15, 2016	amend and recommit to labor
Jan 06, 2016	referred to labor
Feb 04, 2015	referred to labor

Bill Amendments

Original

A (Active)

2015-S3257 - Details

Current Committee:: Senate Labor
Law Section:: Labor Law
Laws Affected:: Amd §652, Lab L
Versions Introduced in 2013-2014 Legislative Session:: S7034

2015-S3257 - Summary

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

2015-S3257 - Sponsor Memo

                                BILL NUMBER:S3257

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.

2015-S3257 - Bill Text download pdf

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

                                  3257

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 4, 2015
                               ___________

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 SIXTEEN.  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.
                                                           LBD08804-01-5

2015-S3257A (ACTIVE) - Details

Current Committee:: Senate Labor
Law Section:: Labor Law
Laws Affected:: Amd §652, Lab L
Versions Introduced in 2013-2014 Legislative Session:: S7034

2015-S3257A (ACTIVE) - Summary

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

2015-S3257A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S3257A

 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.

 EXISTING LAW :

Food service workers receiving tips now have a minimum wage of $4.60.

provided they make or exceed the state minimum wage when their tips
are taken into account.

 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 minimum wage for food service employees is well below
the state minimum wage. While these employees receive tips in addition
to their wages, many times those wages plus tips do not meet 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 farther 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

 LOCAL FISCAL IMPLICATIONS :

None

 EFFECTIVE DATE :
This act shall take effect immediately.

2015-S3257A (ACTIVE) - Bill Text download pdf

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

                                 3257--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 4, 2015
                               ___________

Introduced  by  Sen. SANDERS -- read twice and ordered printed, and when
  printed to be committed to the Committee on Labor  --  recommitted  to
  the  Committee  on  Labor  in accordance with Senate Rule 6, sec. 8 --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

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 SEVENTEEN.   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 enact-
ment 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.
                                                           LBD08804-02-6

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. 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.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Find your Senator and share your views on important issues.

Do you support this bill?

Senate Bill S3257A

Sponsored By

Archive: Last Bill Status - In Senate Committee Labor Committee

Actions

Bill Amendments

2015-S3257 - Details

2015-S3257 - Summary

2015-S3257 - Sponsor Memo

2015-S3257 - Bill Text download pdf

2015-S3257A (ACTIVE) - Details

2015-S3257A (ACTIVE) - Summary

2015-S3257A (ACTIVE) - Sponsor Memo

2015-S3257A (ACTIVE) - Bill Text download pdf

Comments

Do you support this bill?

Get Status Alerts for 2015-S3257A

Senate Bill S3257A

Share this bill

Sponsored By

James Sanders Jr.

Archive: Last Bill Status - In Senate Committee Labor Committee

Actions

Bill Amendments

2015-S3257 - Details

2015-S3257 - Summary

2015-S3257 - Sponsor Memo

2015-S3257 - Bill Text download pdf

2015-S3257A (ACTIVE) - Details

2015-S3257A (ACTIVE) - Summary

2015-S3257A (ACTIVE) - Sponsor Memo

2015-S3257A (ACTIVE) - Bill Text download pdf

Comments