NY State Senate Bill 2017-S4405A

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

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Actions

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	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

Bill Amendments

Original

A (Active)

2017-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

2017-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.

2017-S4405 - Sponsor Memo

                                 BILL NUMBER:  S4405

 TITLE OF BILL :

An act to amend the labor law, in relation to the minimum wage for
food service workers and service employees who receive tips

 PURPOSE :

To eliminate the sub-minimum wage for food service workers and service
employees who receive tips

 SUMMARY OF PROVISIONS :

Section one of this bill amends Subdivisions 2 and 4 of section 652 of
the Labor Law to provide that the hourly cash wage for food service
workers and service employees who receive tips shall be no less than
the cash wage for all other workers under Section 652 of the Labor
Law, and the underlying minimum wage orders shall be adjusted to
reflect such change.

It further provides that food service workers and service employees
who receive tips covered under pre-existing administrative regulations
would see an increase in the minimum wage rate, increasing to $15/hr
by the end of 2021 in New York City and the three suburban counties,
and $12.50/hr in the rest of the state with future increases to $15/hr

set by administrative implementation. Once fully implemented, the
tipped worker minimum wage would be identical to the minimum wage for
all other workers in 2021 and beyond.

Section two amends Subdivision 2 of section 653 of the Labor Law as
added by chapter 14 of the Laws of 2000 related to food service worker
wage orders to provide that a wage order under this subdivision shall
not authorize a wage less than the previously and statutorily
authorized minimum wage.

Section 3 provides that the act shall take effect immediately.

 JUSTIFICATION :

For many years, employers of food service employees have been provided
with a credit that reduces the hourly minimum wage paid to employees
receiving gratuities. These employers now pay $7.50 per hour to
workers, so long as workers receive on average the difference between
their reduced minimum wage and the statutory minimum wage in tips.

Allowing for the tip credit has created many inequities in food
service work. Employees who are not made whole by gratuities face
arduous legal processes to recover their owed wages, involving
complicated record-keeping and inadequate legal remedies. Reliance on
tips has also created an environment where workers are victimized, and
in some cases, encouraged to turn a blind eye, to rampant
discrimination and sexual harassment by clientele and managers. This
results in annual restaurant employee sexual harassment claims to the
EEOC at five times the rate of other industries.

Eight states (Alaska, California, Maine, Minnesota, Montana, Nevada,
Oregon, and Washington) have eliminated the tipped credit and required
employers to pay the full minimum wage to employees. Those states have
seen growth in the restaurant industry and a more equitable and
experienced work force.

New York's two-tiered wage system presents challenges for employers as
well as workers. Unlike many other laws, wage and hour laws put the
onus on employers to keep accurate records and follow the law, which
take up large amounts of time and money in monitoring compliance.
This includes the '80-20 Rule' where employers are supposed to ensure
that tipped workers perform no more than 20 percent of work that is
not related to direct service. Maintaining the necessary records and
compliance of a two-tiered wage system expose employers to additional
liability.

In short, it is time for New York to join other states and improve the
working conditions in the restaurant industry by eliminating the
sub-minimum wage. Employers would not be prohibited from allowing for
restaurant gratuities, but gratuities would no longer make up the
difference between wages received from the restaurant and the actual
minimum wage. Providing equity and fairness to restaurant workers
would help reduce the wage gap and bring New York in line with many of
its sister states in workers' rights and fairness on the job.

 LEGISLATIVE HISTORY :

New Bill

 EFFECTIVE DATE :
This act shall take effect immediately.

2017-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

 S. 4405                             2
 
   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 two-thirds of the minimum wage rates set forth in
 subdivision one of this section, rounded to the nearest  five  cents  or
 seven  dollars  and  fifty cents, whichever is higher, provided that the
 tips of such an employee, when added to such cash wage, are equal to  or
 exceed  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, EXCEPT THAT
 ANY CASH WAGE ESTABLISHED PURSUANT TO SECTION SIX HUNDRED FIFTY-THREE OF
 THIS  ARTICLE  SHALL  NOT BE LESS THAN THE CASH WAGE ESTABLISHED BY THIS
 SUBDIVISION.
   (A) NEW YORK CITY. NOTWITHSTANDING SUBDIVISIONS ONE AND  TWO  OF  THIS
 SECTION  AND  SECTION  SIX HUNDRED FIFTY-THREE OF THIS ARTICLE, THE WAGE
 FOR AN EMPLOYEE WHO IS A FOOD SERVICE WORKER OR SERVICE EMPLOYEE RECEIV-
 ING TIPS AND PAID IN ACCORDANCE WITH PART ONE HUNDRED FORTY-SIX OF TITLE
 TWELVE OF THE NEW YORK STATE COMPILATION OF CODES, RULES AND REGULATIONS
 SHALL BE, FOR EACH HOUR WORKED IN THE CITY OF NEW YORK, A CASH  WAGE  OF
 NOT LESS THAN:
   $9.00 PER HOUR ON AND AFTER DECEMBER THIRTY-FIRST, TWO THOUSAND SEVEN-
 TEEN;
   $10.50 PER HOUR ON AND AFTER DECEMBER THIRTY-FIRST, TWO THOUSAND EIGH-
 TEEN;
   $12.00  PER HOUR ON AN AFTER DECEMBER THIRTY-FIRST, TWO THOUSAND NINE-
 TEEN;
   $13.50 PER HOUR ON AND AFTER DECEMBER THIRTY-FIRST, TWO THOUSAND TWEN-
 TY;
   $15.00 PER HOUR ON AND AFTER DECEMBER THIRTY-FIRST, TWO THOUSAND TWEN-
 TY-ONE.
   BEGINNING ON DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-TWO, THE  CASH
 WAGE PAYABLE TO A FOOD SERVICE WORKER OR SERVICE WORKER UNDER THIS PARA-
 GRAPH  SHALL BE NOT LESS THAN THE WAGE ESTABLISHED PURSUANT TO PARAGRAPH
 (A) OF SUBDIVISION ONE OF THIS SECTION.
   (B) REMAINDER OF DOWNSTATE. NOTWITHSTANDING SUBDIVISIONS ONE  AND  TWO
 OF THIS SECTION AND SECTION SIX HUNDRED FIFTY-THREE OF THIS ARTICLE, THE
 WAGE  FOR  AN  EMPLOYEE WHO IS A FOOD SERVICE WORKER OR SERVICE EMPLOYEE
 RECEIVING TIPS AND PAID IN ACCORDANCE WITH PART ONE HUNDRED FORTY-SIX OF
 TITLE TWELVE OF THE NEW YORK STATE COMPILATION OF CODES, RULES AND REGU-
 LATIONS SHALL BE, FOR EACH  HOUR  WORKED  IN  THE  COUNTIES  OF  NASSAU,
 SUFFOLK AND WESTCHESTER, A CASH WAGE OF NOT LESS THAN:
   $8.00 PER HOUR ON AND AFTER DECEMBER THIRTY-FIRST, TWO THOUSAND SEVEN-
 TEEN;
   $9.50  PER HOUR ON AND AFTER DECEMBER THIRTY-FIRST, TWO THOUSAND EIGH-
 TEEN;
   $11.00 PER HOUR ON AND AFTER DECEMBER THIRTY-FIRST, TWO THOUSAND NINE-
 TEEN;
   $13.00 PER HOUR ON AND AFTER DECEMBER THIRTY-FIRST, TWO THOUSAND TWEN-
 TY;
   $15.00 PER HOUR ON AND AFTER DECEMBER THIRTY-FIRST, TWO THOUSAND TWEN-
 TY-ONE.
   BEGINNING ON DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-TWO, THE  CASH
 WAGE PAYABLE TO A FOOD SERVICE WORKER OR SERVICE WORKER UNDER THIS PARA-
 GRAPH  SHALL BE NOT LESS THAN THE WAGE ESTABLISHED PURSUANT TO PARAGRAPH
 (B) OF SUBDIVISION ONE OF THIS SECTION.
   (C) REMAINDER OF STATE. NOTWITHSTANDING SUBDIVISIONS ONE  AND  TWO  OF
 THIS  SECTION  AND  SECTION SIX HUNDRED FIFTY-THREE OF THIS ARTICLE, THE

 S. 4405                             3
 
 WAGE FOR AN EMPLOYEE WHO IS A FOOD SERVICE WORKER  OR  SERVICE  EMPLOYEE
 RECEIVING TIPS AND PAID IN ACCORDANCE WITH PART ONE HUNDRED FORTY-SIX OF
 TITLE TWELVE OF THE NEW YORK STATE COMPILATION OF CODES, RULES AND REGU-
 LATIONS  SHALL BE, FOR EACH HOUR WORKED OUTSIDE THE CITY OF NEW YORK AND
 THE COUNTIES OF NASSAU, SUFFOLK AND WESTCHESTER,  A  WAGE  OF  NOT  LESS
 THAN:
   $8.00 PER HOUR ON AND AFTER DECEMBER THIRTY-FIRST, TWO THOUSAND SEVEN-
 TEEN;
   $9.25  PER HOUR ON AND AFTER DECEMBER THIRTY-FIRST, TWO THOUSAND EIGH-
 TEEN;
   $10.50 PER HOUR ON AND AFTER DECEMBER THIRTY-FIRST, TWO THOUSAND NINE-
 TEEN;
   $11.50 PER HOUR ON AND AFTER DECEMBER THIRTY-FIRST, TWO THOUSAND TWEN-
 TY;
   $12.50 PER HOUR ON AND AFTER DECEMBER THIRTY-FIRST, TWO THOUSAND TWEN-
 TY-ONE.
   BEGINNING ON DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-TWO, THE  CASH
 WAGE PAYABLE TO A FOOD SERVICE WORKER OR SERVICE WORKER UNDER THIS PARA-
 GRAPH  SHALL BE NOT LESS THAN THE WAGE ESTABLISHED PURSUANT TO PARAGRAPH
 (C) OF SUBDIVISION ONE OF THIS SECTION.
   § 2. Subdivision 2 of section 653 of the labor law, as added by  chap-
 ter 14 of the laws of 2000, is amended to read as follows:
   (2)  The  commissioner shall, within six months after enactment of any
 change in the statutory minimum wage set forth  in  subdivision  one  of
 section  six  hundred fifty-two of this article, appoint a wage board to
 inquire and report and recommend any changes to  wage  orders  governing
 wages  payable  to food service workers. Such wage board shall be estab-
 lished consistent with the provisions of subdivision one of section  six
 hundred  fifty-five  of  this article, except the representatives of the
 employees shall be selected upon the nomination of  the  state  American
 Federation  of Labor/Congress of Industrial Organizations; and provided,
 further, that the representatives of the  employers  shall  be  selected
 upon  the  nomination  of the New York State Business Council. [Any wage
 order authorizing a lesser wage  than  the  previously  and  statutorily
 mandated  minimum  wage for such employees shall be reviewed by the wage
 board to ascertain at what  level  such  wage  order  is  sufficient  to
 provide adequate maintenance and to protect the health and livelihood of
 employees subject to such a wage order after a statutory increase in the
 mandated  minimum  wage.] NOTWITHSTANDING SECTION SIX HUNDRED FIFTY-FIVE
 OF THIS ARTICLE, A WAGE ORDER UNDER THIS SUBDIVISION SHALL NOT AUTHORIZE
 A LESSER WAGE THAN THE PREVIOUSLY AND STATUTORILY MANDATED MINIMUM  WAGE
 FOR SUCH EMPLOYEES.
   § 3. This act shall take effect immediately.

co-Sponsors

View additional co-sponsors

2017-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

2017-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.

2017-S4405A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4405A

 TITLE OF BILL :  An act to amend the labor law, in relation to the
minimum wage

 PURPOSE :

To eliminate the sub-minimum wage for food service workers and service
employees who receive tips

 SUMMARY OF PROVISIONS :

Section one of this bill amends Subdivisions 2 and 4 of section 652 of
the Labor Law to provide that the hourly cash wage for food service
workers and service employees who receive tips shall be no less than
the cash wage for all other workers under Section 652 of the Labor
Law, and the underlying minimum wage orders shall be adjusted to
reflect such change.

It further provides that food service workers and service employees
who receive tips covered under pre-existing administrative regulations
would see an increase in the minimum wage rate, increasing to $15/hr
by the end of 2021 in New York City and the three suburban counties,
and $12.50/hr in the rest of the state with future increases to $15/hr
set by administrative implementation. Once fully implemented, the
tipped worker minimum wage would be identical to the minimum wage for

all other workers in 2021 and beyond.

Section two amends Subdivision 2 of section 653 of the Labor Law as
added by chapter 14 of the Laws of 2000 related to food service worker
wage orders to provide that a wage order under this subdivision shall
not authorize a wage less than the previously and statutorily
authorized minimum wage.

Section 3 provides that the act shall take effect immediately.

 JUSTIFICATION :

For many years, employers of food service employees have been provided
with a credit that reduces the hourly minimum wage paid to employees
receiving gratuities. These employers now pay $7.50 per hour to
workers, so long as workers receive on average the difference between
their reduced minimum wage and the statutory minimum wage in tips.

Allowing for the tip credit has created many inequities in food
service work. Employees who are not made whole by gratuities face
arduous legal processes to recover their owed wages, involving
complicated record-keeping and inadequate legal remedies. Reliance on
tips has also created an environment where workers are victimized, and
in some cases, encouraged to turn a blind eye, to rampant
discrimination and sexual harassment by clientele and managers. This
results in annual restaurant employee sexual harassment claims to the
EEOC at five times the rate of other industries.

Eight states (Alaska, California, Maine, Minnesota, Montana, Nevada,
Oregon, and Washington) have eliminated the tipped credit and required
employers to pay the full minimum wage to employees. Those states have
seen growth in the restaurant industry and a more equitable and
experienced work force.

New York's two-tiered wage system presents challenges for employers as
well as workers. Unlike many other laws, wage and hour laws put the
onus on employers to keep accurate records and follow the law, which
take up large amounts of time and money in monitoring compliance.
This includes the '80-20 Rule' where employers are supposed to ensure
that tipped workers perform no more than 20 percent of work that is
not related to direct service. Maintaining the necessary records and
compliance of a two-tiered wage system expose employers to additional
liability.

In short, it is time for New York to join other states and improve the
working conditions in the restaurant industry by eliminating the
sub-minimum wage. Employers would not be prohibited from allowing for
restaurant gratuities, but gratuities would no longer make up the
difference between wages received from the restaurant and the actual
minimum wage. Providing equity and fairness to restaurant workers
would help reduce the wage gap and bring New York in line with many of
its sister states in workers' rights and fairness on the job.

 LEGISLATIVE HISTORY :

New Bill

 EFFECTIVE DATE :
This act shall take effect immediately.

2017-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

 S. 4405--A                          2
 
   §  2.  Subdivision  4  of  section 652 of the labor law, as amended by
 section 2 of part K of chapter 54 of the laws of  2016,  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 two-thirds of the minimum wage rates set forth in
 subdivision one of this section, rounded to the nearest  five  cents  or
 seven  dollars  and  fifty cents, whichever is higher, provided that the
 tips of such an employee, when added to such cash wage, are equal to  or
 exceed  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, EXCEPT THAT
 ANY CASH WAGE ESTABLISHED PURSUANT TO SECTION SIX HUNDRED FIFTY-THREE OF
 THIS  ARTICLE  SHALL  NOT BE LESS THAN THE CASH WAGE ESTABLISHED BY THIS
 SUBDIVISION.
   (A) NOTWITHSTANDING SUBDIVISIONS ONE  AND  TWO  OF  THIS  SECTION  AND
 SECTION SIX HUNDRED FIFTY-THREE OF THIS ARTICLE, THE WAGE FOR AN EMPLOY-
 EE  WHO  IS A FOOD SERVICE WORKER OR SERVICE EMPLOYEE RECEIVING TIPS AND
 PAID IN ACCORDANCE WITH PART 146 OF TITLE  12  OF  THE  NEW  YORK  STATE
 COMPILATION  OF  CODES,  RULES  AND  REGULATIONS SHALL BE, FOR EACH HOUR
 WORKED IN THE CITY OF NEW YORK, A CASH WAGE OF NOT LESS THAN:
   $9.00 PER HOUR ON AND AFTER DECEMBER 31, 2017;
   $10.50 PER HOUR ON AND AFTER DECEMBER 31, 2018;
   $12.00 PER HOUR ON AND AFTER DECEMBER 31, 2019;
   $13.50 PER HOUR ON AND AFTER DECEMBER 31, 2020;
   $15.00 PER HOUR ON AND AFTER DECEMBER 31, 2021.
 BEGINNING ON DECEMBER THIRTY-FIRST, TWO THOUSAND  TWENTY-TWO,  THE  CASH
 WAGE PAYABLE TO A FOOD SERVICE WORKER OR SERVICE WORKER UNDER THIS PARA-
 GRAPH  SHALL BE NOT LESS THAN THE WAGE ESTABLISHED PURSUANT TO PARAGRAPH
 (A) OF SUBDIVISION ONE OF THIS SECTION.
   (B) NOTWITHSTANDING SUBDIVISIONS ONE  AND  TWO  OF  THIS  SECTION  AND
 SECTION SIX HUNDRED FIFTY-THREE OF THIS ARTICLE, THE WAGE FOR AN EMPLOY-
 EE  WHO  IS A FOOD SERVICE WORKER OR SERVICE EMPLOYEE RECEIVING TIPS AND
 PAID IN ACCORDANCE WITH PART 146 OF TITLE  12  OF  THE  NEW  YORK  STATE
 COMPILATION  OF  CODES,  RULES  AND  REGULATIONS SHALL BE, FOR EACH HOUR
 WORKED IN THE COUNTIES OF NASSAU, SUFFOLK AND WESTCHESTER, A  CASH  WAGE
 OF NOT LESS THAN:
   $8.00 PER HOUR ON AND AFTER DECEMBER 31, 2017;
   $9.50 PER HOUR ON AND AFTER DECEMBER 31, 2018;
   $11.00 PER HOUR ON AND AFTER DECEMBER 31, 2019;
   $13.00 PER HOUR ON AND AFTER DECEMBER 31, 2020;
   $15.00 PER HOUR ON AND AFTER DECEMBER 31, 2021.
 BEGINNING  ON  DECEMBER  THIRTY-FIRST, TWO THOUSAND TWENTY-TWO, THE CASH
 WAGE PAYABLE TO A FOOD SERVICE WORKER OR SERVICE WORKER UNDER THIS PARA-
 GRAPH SHALL BE NOT LESS THAN THE WAGE ESTABLISHED PURSUANT TO  PARAGRAPH
 (B) OF SUBDIVISION ONE OF THIS SECTION.
   (C)  NOTWITHSTANDING  SUBDIVISIONS  ONE  AND  TWO  OF THIS SECTION AND
 SECTION SIX HUNDRED FIFTY-THREE OF THIS ARTICLE, THE WAGE FOR AN EMPLOY-
 EE WHO IS A FOOD SERVICE WORKER OR SERVICE EMPLOYEE RECEIVING  TIPS  AND
 PAID  IN  ACCORDANCE  WITH  PART  146  OF TITLE 12 OF THE NEW YORK STATE
 COMPILATION OF CODES, RULES AND REGULATIONS  SHALL  BE,  FOR  EACH  HOUR
 WORKED  OUTSIDE THE CITY OF NEW YORK AND THE COUNTIES OF NASSAU, SUFFOLK
 AND WESTCHESTER, A CASH WAGE OF NOT LESS THAN:
   $8.00 PER HOUR ON AND AFTER DECEMBER 31, 2017;
   $9.25 PER HOUR ON AND AFTER DECEMBER 31, 2018;
   $10.50 PER HOUR ON AND AFTER DECEMBER 31, 2019;

 S. 4405--A                          3
 
   $11.50 PER HOUR ON AND AFTER DECEMBER 31, 2020;
   $12.50 PER HOUR ON AND AFTER DECEMBER 31, 2021.
 BEGINNING  ON  DECEMBER  THIRTY-FIRST, TWO THOUSAND TWENTY-TWO, THE CASH
 WAGE PAYABLE TO A FOOD SERVICE WORKER OR SERVICE WORKER UNDER THIS PARA-
 GRAPH SHALL BE NOT LESS THAN THE WAGE ESTABLISHED PURSUANT TO  PARAGRAPH
 (C) OF SUBDIVISION ONE OF THIS SECTION.
   §  3. Subdivision 2 of section 653 of the labor law, as added by chap-
 ter 14 of the laws of 2000, is amended to read as follows:
   (2) The commissioner shall, within six months after enactment  of  any
 change  in  the  statutory  minimum wage set forth in subdivision one of
 section six hundred fifty-two of this article, appoint a wage  board  to
 inquire  and  report  and recommend any changes to wage orders governing
 wages payable to food service workers. Such wage board shall  be  estab-
 lished  consistent with the provisions of subdivision one of section six
 hundred fifty-five of this article, except the  representatives  of  the
 employees  shall  be  selected upon the nomination of the state American
 Federation of Labor/Congress of Industrial Organizations; and  provided,
 further,  that  the  representatives  of the employers shall be selected
 upon the nomination of the New York State Business  Council.  [Any  wage
 order  authorizing  a  lesser  wage  than the previously and statutorily
 mandated minimum wage for such employees shall be reviewed by  the  wage
 board  to  ascertain  at  what  level  such  wage order is sufficient to
 provide adequate maintenance and to protect the health and livelihood of
 employees subject to such a wage order after a statutory increase in the
 mandated minimum wage.] NOTWITHSTANDING SECTION SIX  HUNDRED  FIFTY-FIVE
 OF THIS ARTICLE, A WAGE ORDER UNDER THIS SUBDIVISION SHALL NOT AUTHORIZE
 A  LESSER WAGE THAN THE PREVIOUSLY AND STATUTORILY MANDATED MINIMUM WAGE
 FOR SUCH EMPLOYEES.
   § 4. This act shall take effect immediately.

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Senate Bill S4405A

Sponsored By

Archive: Last Bill Status - In Senate Committee Labor Committee

Bill Amendments

2017-S4405 - Details

2017-S4405 - Summary

2017-S4405 - Sponsor Memo

2017-S4405 - Bill Text download pdf

co-Sponsors

2017-S4405A (ACTIVE) - Details

2017-S4405A (ACTIVE) - Summary

2017-S4405A (ACTIVE) - Sponsor Memo

2017-S4405A (ACTIVE) - Bill Text download pdf

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Senate Bill S4405A

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Archive: Last Bill Status - In Senate Committee Labor Committee

Bill Amendments

2017-S4405 - Details

2017-S4405 - Summary

2017-S4405 - Sponsor Memo

2017-S4405 - Bill Text download pdf

co-Sponsors

2017-S4405A (ACTIVE) - Details

2017-S4405A (ACTIVE) - Summary

2017-S4405A (ACTIVE) - Sponsor Memo

2017-S4405A (ACTIVE) - Bill Text download pdf

Comments