S T A T E O F N E W Y O R K
________________________________________________________________________
2039
2017-2018 Regular Sessions
I N A S S E M B L Y
January 17, 2017
___________
Introduced by M. of A. MOSLEY -- read once and referred to the Committee
on Labor
AN ACT to amend the labor law, in relation to reporting of gratuities
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The opening paragraph of paragraph (a) of subdivision 1 of
section 215 of the labor law, as amended by chapter 564 of the laws of
2010, is amended to read as follows:
No employer or his or her agent, or the officer or agent of any corpo-
ration, partnership, or limited liability company, or any other person,
shall discharge, threaten, penalize, or in any other manner discriminate
or retaliate against any employee (i) because such employee has made a
complaint to his or her employer, or to the commissioner or his or her
authorized representative, or to the attorney general or any other
person, that the employer has engaged in conduct that the employee,
reasonably and in good faith, believes violates any provision of this
chapter, or any order issued by the commissioner (ii) because such
employer or person believes that such employee has made a complaint to
his or her employer, or to the commissioner or his or her authorized
representative, or to the attorney general, or to any other person that
the employer has violated any provision of this chapter, or any order
issued by the commissioner (iii) because such employee has caused to be
instituted or is about to institute a proceeding under or related to
this chapter, or (iv) because such employee has provided information to
the commissioner or his or her authorized representative or the attorney
general, or (v) because such employee has testified or is about to
testify in an investigation or proceeding under this chapter, or (vi)
because such employee has otherwise exercised rights protected under
this chapter, or (vii) because the employer has received an adverse
determination from the commissioner involving the employee, OR (VIII)
BECAUSE SUCH EMPLOYEE REFUSES TO MISREPORT GRATUITIES RECEIVED, OR (IX)
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04013-01-7
A. 2039 2
BECAUSE SUCH EMPLOYEE IN GOOD FAITH REPORTS ACTUAL GRATUITIES RECEIVED
WHICH ARE INSUFFICIENT TO PERMIT THE EMPLOYER TO CLAIM ALLOWANCES FOR
GRATUITIES.
§ 2. Subdivision 2 of section 662 of the labor law, as amended by
chapter 564 of the laws of 2010, is amended to read as follows:
2. Failure to keep records. Any employer or his or her agent, or the
officer or agent of any corporation, partnership, or limited liability
company, who fails to keep the records required under this article or to
furnish such records or any information required to be furnished under
this article to the commissioner or his or her authorized representative
upon request, or who hinders or delays the commissioner or his or her
authorized representative in the performance of his or her duties in the
enforcement of this article, or refuses to admit the commissioner or his
or her authorized representative to any place of employment, or falsi-
fies any such records, OR INSTRUCTS AN EMPLOYEE TO FALSIFY RECORDS
INCLUDING RECORDS OF GRATUITIES RECEIVED, OR THREATENS TO RETALIATE OR
RETALIATES AGAINST AN EMPLOYEE IF HE OR SHE REFUSES TO FALSIFY RECORDS
OF GRATUITIES RECEIVED OR HE OR SHE DOES NOT IN GOOD FAITH REPORT SUFFI-
CIENT GRATUITIES TO PERMIT THE EMPLOYER TO CLAIM ALLOWANCES FOR GRATUI-
TIES, or refuses to make such records accessible to the commissioner or
his or her authorized representative, or refuses to furnish a sworn
statement of such records or any other information required for the
proper enforcement of this article to the commissioner or his or her
authorized representative, shall be guilty of a misdemeanor and upon
conviction therefor shall be fined not less than five hundred nor more
than five thousand dollars or imprisoned for not more than one year,
and, in the event that any second or subsequent offense occurs within
six years of the date of conviction for a prior offense, shall be guilty
of a felony for the second or subsequent offense, and upon conviction
therefor, shall be fined not less than five hundred nor more than twenty
thousand dollars or imprisoned for not more than one year plus one day,
or punished by both such fine and imprisonment, for each such offense.
Each day's failure to keep the records requested under this article or
to furnish such records or information to the commissioner or his or her
authorized representative shall constitute a separate offense.
§ 3. This act shall take effect immediately.