senate Bill S6027A

2015-2016 Legislative Session

Relates to certain affirmative defenses available under the labor law

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Archive: Last Bill Status - Passed Senate


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

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Actions

view actions (9)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 08, 2016 referred to labor
delivered to assembly
passed senate
Jun 07, 2016 ordered to third reading cal.1496
committee discharged and committed to rules
Feb 05, 2016 print number 6027a
Feb 05, 2016 amend and recommit to labor
Jan 06, 2016 referred to labor
Aug 07, 2015 referred to rules

S6027 - Details

See Assembly Version of this Bill:
A9644
Current Committee:
Assembly Labor
Law Section:
Labor Law
Laws Affected:
Amd §§195, 196-d, 198 & 199, Lab L
Versions Introduced in 2017-2018 Legislative Session:
S677, A1101

S6027 - Summary

Relates to certain affirmative defenses available under the labor law.

S6027 - Sponsor Memo

S6027 - Bill Text download pdf

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

                                  6027

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             August 7, 2015
                               ___________

Introduced  by  Sen.  DeFRANCISCO -- read twice and ordered printed, and
  when printed to be committed to the Committee on Rules

AN ACT to amend the  labor  law,  in  relation  to  certain  affirmative
  defenses

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

  Section 1. Paragraph (b) of subdivision 1 of section 195 of the  labor
law,  as added by chapter 564 of the laws of 2010, is amended to read as
follows:
  (b) The commissioner shall prepare  templates  that  comply  with  the
requirements  of  paragraph  (a) of this subdivision. Each such template
shall be dual-language, including English and one  additional  language.
The  commissioner  shall  determine,  in  his  or  her discretion, which
languages to provide in addition to English, based on the  size  of  the
New York state population that speaks each language and any other factor
that  the  commissioner shall deem relevant. All such templates shall be
made available to employers in such manner as determined by the  commis-
sioner.  EMPLOYERS MAY RELY UPON THESE TEMPLATES AND SHALL NOT BE LIABLE
FOR THEIR GOOD FAITH RELIANCE UPON THE TEMPLATES PROVIDED BY THE COMMIS-
SIONER;
  S 2. 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. 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 gratui-
ty  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 gratui-
ties in the amount determined in accordance with the provisions of arti-
cle nineteen of this chapter nor as affecting ANY  AFFIRMATIVE  DEFENSES

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11769-01-5

S6027A (ACTIVE) - Details

See Assembly Version of this Bill:
A9644
Current Committee:
Assembly Labor
Law Section:
Labor Law
Laws Affected:
Amd §§195, 196-d, 198 & 199, Lab L
Versions Introduced in 2017-2018 Legislative Session:
S677, A1101

S6027A (ACTIVE) - Summary

Relates to certain affirmative defenses available under the labor law.

S6027A (ACTIVE) - Sponsor Memo

S6027A (ACTIVE) - Bill Text download pdf

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

                                 6027--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             August 7, 2015
                               ___________

Introduced  by  Sen.  DeFRANCISCO -- read twice and ordered printed, and
  when printed to be committed to the Committee on Rules --  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 certain affirmative
  defenses

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

  Section  1. Paragraph (b) of subdivision 1 of section 195 of the labor
law, as added by chapter 564 of the laws of 2010, is amended to read  as
follows:
  (b)  The  commissioner  shall  prepare  templates that comply with the
requirements of paragraph (a) of this subdivision.  Each  such  template
shall  be  dual-language, including English and one additional language.
The commissioner shall  determine,  in  his  or  her  discretion,  which
languages  to  provide  in addition to English, based on the size of the
New York state population that speaks each language and any other factor
that the commissioner shall deem relevant. All such templates  shall  be
made  available to employers in such manner as determined by the commis-
sioner. EMPLOYERS MAY RELY UPON THESE TEMPLATES AND SHALL NOT BE  LIABLE
FOR THEIR GOOD FAITH RELIANCE UPON THE TEMPLATES PROVIDED BY THE COMMIS-
SIONER;
  S  2.  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. 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 gratui-
ty for an employee. This provision shall not apply to  the  checking  of
hats,  coats  or  other  apparel.  Nothing  in this subdivision shall be

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11769-03-6

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