senate Bill S4405A

2017-2018 Legislative Session

Relates to the minimum wage

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Labor Committee


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

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Actions

view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 03, 2018 referred to labor
Mar 01, 2017 print number 4405a
Mar 01, 2017 amend (t) and recommit to labor
Feb 14, 2017 referred to labor

S4405 - Details

See Assembly Version of this Bill:
A6203
Current Committee:
Senate Labor
Law Section:
Labor Law
Laws Affected:
Amd §§652 & 653, Lab L
Versions Introduced in 2019-2020 Legislative Session:
S1760, A1240

S4405 - Summary

Relates to the minimum wage for certain employees who are food service workers or service employees receiving tips and paid in accordance with Part 146 of Title 12 of the NYCRR.

S4405 - Sponsor Memo

S4405 - Bill Text download pdf


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

                                  4405

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                            February 14, 2017
                               ___________

Introduced  by  Sen.  STEWART-COUSINS -- 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 and service employees who receive tips

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

  Section 1. Subdivisions 2 and 4 of  section  652  of  the  labor  law,
subdivision  2 as amended by chapter 38 of the laws of 1990 and subdivi-
sion 4 as amended by section 2 of part K of chapter 54 of  the  laws  of
2016, are amended to read as follows:
  2.  Existing  wage  orders.  The  minimum wage orders in effect on the
effective date of this act shall remain in full force and effect, except
as modified in accordance with the provisions of this article.
  Such minimum wage orders shall be  modified  by  the  commissioner  to
increase  all  monetary amounts specified therein in the same proportion
as the increase in the hourly minimum wage as  provided  in  subdivision
one  of  this  section,  including the amounts specified in such minimum
wage orders as allowances for gratuities,  and  when  furnished  by  the
employer  to  its  employees, for meals, lodging, apparel and other such
items, services and facilities, EXCEPT THAT THE  HOURLY  CASH  WAGE  FOR
FOOD SERVICE WORKERS AND SERVICE EMPLOYEES WHO RECEIVE TIPS SHALL NOT BE
LESS  THAN THE CASH WAGE AS PROVIDED IN SUBDIVISION FOUR OF THIS SECTION
AND THE MAXIMUM CREDIT FOR TIPS IN MINIMUM WAGE ORDERS SHALL BE MODIFIED
SO THAT SUCH CREDIT, WHEN COMBINED WITH THIS CASH WAGE, IS EQUAL TO  THE
MINIMUM WAGE.  All amounts so modified shall be rounded off to the near-
est  five cents. The modified orders shall be promulgated by the commis-
sioner without a public hearing, and without reference to a wage  board,
and  shall  become  effective on the effective date of such increases in
the minimum wage except  as  otherwise  provided  in  this  subdivision,
notwithstanding any other provision of this article.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09901-01-7

Co-Sponsors

view additional co-sponsors

S4405A (ACTIVE) - Details

See Assembly Version of this Bill:
A6203
Current Committee:
Senate Labor
Law Section:
Labor Law
Laws Affected:
Amd §§652 & 653, Lab L
Versions Introduced in 2019-2020 Legislative Session:
S1760, A1240

S4405A (ACTIVE) - Summary

Relates to the minimum wage for certain employees who are food service workers or service employees receiving tips and paid in accordance with Part 146 of Title 12 of the NYCRR.

S4405A (ACTIVE) - Sponsor Memo

S4405A (ACTIVE) - Bill Text download pdf


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

                                 4405--A

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                            February 14, 2017
                               ___________

Introduced  by  Sen.  STEWART-COUSINS -- read twice and ordered printed,
  and when printed to be committed to the Committee on Labor --  commit-
  tee  discharged, bill amended, ordered reprinted as amended and recom-
  mitted to said committee

AN ACT to amend the labor law, in relation to the minimum wage

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

  Section  1.  Subdivision 2 of section 652 of the labor law, as amended
by chapter 38 of the laws of 1990, is amended to read as follows:
  2. Existing wage orders. The minimum wage  orders  in  effect  on  the
effective date of this act shall remain in full force and effect, except
as modified in accordance with the provisions of this article.
  Such  minimum  wage  orders  shall  be modified by the commissioner to
increase all monetary amounts specified therein in the  same  proportion
as  the  increase  in the hourly minimum wage as provided in subdivision
one of this section, including the amounts  specified  in  such  minimum
wage  orders  as  allowances  for  gratuities, and when furnished by the
employer to its employees, for meals, lodging, apparel  and  other  such
items,  services  and  facilities,  EXCEPT THAT THE HOURLY CASH WAGE FOR
FOOD SERVICE WORKERS AND SERVICE EMPLOYEES WHO RECEIVE TIPS SHALL NOT BE
LESS THAN THE CASH WAGE AS PROVIDED IN SUBDIVISION FOUR OF THIS  SECTION
AND THE MAXIMUM CREDIT FOR TIPS IN MINIMUM WAGE ORDERS SHALL BE MODIFIED
SO  THAT SUCH CREDIT, WHEN COMBINED WITH THIS CASH WAGE, IS EQUAL TO THE
MINIMUM WAGE. All amounts so modified shall be rounded off to the  near-
est  five cents. The modified orders shall be promulgated by the commis-
sioner without a public hearing, and without reference to a wage  board,
and  shall  become  effective on the effective date of such increases in
the minimum wage except  as  otherwise  provided  in  this  subdivision,
notwithstanding any other provision of this article.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09901-02-7

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