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Assembly Bill A4326

2015-2016 Legislative Session

Relates to the minimum wage for service workers receiving tips

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2015-A4326 (ACTIVE) - Details

Current Committee:
Assembly Labor
Law Section:
Labor Law
Laws Affected:
Amd ยง652, Lab L
Versions Introduced in Other Legislative Sessions:
2017-2018: A831
2019-2020: A3061
2021-2022: A4547

2015-A4326 (ACTIVE) - Summary

Relates to the minimum wage for service workers receiving tips.

2015-A4326 (ACTIVE) - Bill Text download pdf 

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

                                  4326

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 30, 2015
                               ___________

Introduced  by  M.  of  A.  RODRIGUEZ  --  read once and referred to the
  Committee on Labor

AN ACT to amend the labor law, in  relation  to  the  minimum  wage  for
  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 EQUAL TO 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]  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 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. Section 652 of the labor law is amended by adding a new  subdivi-
sion 3-a to read as follows:
  3-A.  NOTWITHSTANDING  SUBDIVISIONS  ONE  AND TWO OF THIS SECTION, THE
WAGE FOR AN EMPLOYEE WHO IS A SERVICE WORKER, INCLUDING AN EMPLOYEE  WHO

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01026-01-5

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