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Assembly Bill A10683A

2019-2020 Legislative Session

Relates to establishing when a tip credit applies to employees working at tipped and non-tipped occupations on the same day

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Archive: Last Bill Status - In Assembly Committee

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Bill Amendments

2019-A10683 - Details

See Senate Version of this Bill:
S8709
Current Committee:
Assembly Labor
Law Section:
Labor Law
Laws Affected:
Add §652-a, Lab L
Versions Introduced in Other Legislative Sessions:
2021-2022: A936, S4175
2023-2024: A3041, S8200
2025-2026: S5176

2019-A10683 - Summary

Relates to establishing when a tip credit applies to employees working at tipped and non-tipped occupations on the same day.

2019-A10683 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10683
 
                           I N  A S S E M B L Y
 
                               June 24, 2020
                                ___________
 
 Introduced   by   COMMITTEE  ON  RULES  --  (at  request  of  M.  of  A.
   Pheffer Amato) -- read once and referred to the Committee on Labor
 
 AN ACT to amend the labor law, in relation to establishing  when  a  tip
   credit  applies  to employees working at tipped and non-tipped occupa-
   tions on the same day
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The labor law is amended by adding a new section 652-a to
 read as follows:
   § 652-A. WORKING AT TIPPED AND NON-TIPPED OCCUPATIONS ON THE SAME DAY.
   1. ON ANY DAY THAT A SERVICE EMPLOYEE OR FOOD SERVICE WORKER WORKS  AT
 A  NON-TIPPED  OCCUPATION  FOR  MORE  THAN  TWENTY PERCENT OF HIS OR HER
 SHIFT, THE WAGES OF SUCH EMPLOYEE SHALL NOT BE SUBJECT TO A  TIP  CREDIT
 FOR  THE  TIME  HE OR SHE WORKS AT THE NON-TIPPED OCCUPATION DURING SUCH
 DAY. A FOOD SERVICE WORKER'S CUSTOMARY SIDE WORK THAT  IS  ANCILLARY  TO
 HIS  OR  HER OCCUPATION AND WHICH IS REGULARLY AND CUSTOMARILY PERFORMED
 AS PART OF HIS OR HER REGULAR JOB DUTIES  SHALL  BE  EXCLUDED  FROM  THE
 REQUIREMENTS  OF  THIS  SUBDIVISION IF SUCH SIDE WORK DOES NOT TAKE MORE
 THAN TWENTY PERCENT OF SUCH EMPLOYEE'S SHIFT.
   2. IF AN EMPLOYEE FOR WHOM AN EMPLOYER IMPROPERLY TAKES A  TIP  CREDIT
 PARTICIPATES IN A TIP POOL WITH EMPLOYEES FOR WHOM A TIP CREDIT IS PROP-
 ERLY  TAKEN,  THE EMPLOYER SHALL ONLY BE LIABLE TO THE EMPLOYEE FOR WHOM
 THE TIP CREDIT WAS IMPROPERLY TAKEN.
   § 2. This act shall take effect immediately.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD16689-01-0

2019-A10683A (ACTIVE) - Details

See Senate Version of this Bill:
S8709
Current Committee:
Assembly Labor
Law Section:
Labor Law
Laws Affected:
Add §652-a, Lab L
Versions Introduced in Other Legislative Sessions:
2021-2022: A936, S4175
2023-2024: A3041, S8200
2025-2026: S5176

2019-A10683A (ACTIVE) - Summary

Relates to establishing when a tip credit applies to employees working at tipped and non-tipped occupations on the same day.

2019-A10683A (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                 10683--A
 
                           I N  A S S E M B L Y
 
                               June 24, 2020
                                ___________
 
 Introduced   by   COMMITTEE  ON  RULES  --  (at  request  of  M.  of  A.
   Pheffer Amato) -- read once and referred to the Committee on Labor  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee
 
 AN ACT to amend the labor law, in relation to establishing  when  a  tip
   credit  applies  to employees working at tipped and non-tipped occupa-
   tions on the same day
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The labor law is amended by adding a new section 652-a to
 read as follows:
   § 652-A. WORKING AT TIPPED AND NON-TIPPED OCCUPATIONS ON THE SAME DAY.
 ON ANY DAY THAT A SERVICE EMPLOYEE OR FOOD SERVICE  WORKER  WORKS  AT  A
 NON-TIPPED  OCCUPATION FOR MORE THAN TWENTY PERCENT OF HIS OR HER SHIFT,
 THE WAGES OF SUCH EMPLOYEE SHALL BE SUBJECT TO NO  TIP  CREDIT  FOR  THE
 TIME  WORKING  AT  THE  NON-TIPPED  OCCUPATION  DURING  THAT DAY. A FOOD
 SERVICE WORKER'S CUSTOMARY SIDE WORK THAT IS ANCILLARY  TO  HIS  OR  HER
 OCCUPATION  AND  WHICH IS REGULARLY AND CUSTOMARILY PERFORMED AS PART OF
 HIS OR HER REGULAR JOB DUTIES SHALL NOT BE CONSIDERED  WORK  AT  A  NON-
 TIPPED  OCCUPATION. IF AN EMPLOYEE FOR WHOM AN EMPLOYER IMPROPERLY TAKES
 A TIP CREDIT PARTICIPATES IN A TIP POOL WITH EMPLOYEES FOR  WHOM  A  TIP
 CREDIT  IS  PROPERLY  TAKEN,  THE  EMPLOYER  SHALL ONLY BE LIABLE TO THE
 EMPLOYEE FOR WHOM THE TIP CREDIT WAS IMPROPERLY TAKEN.
   § 2. This act shall take effect immediately.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD16689-03-0

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