S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6131
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 28, 2019
                                ___________
 
 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.
              

                                                            LBD10134-01-9

 A. 6131                             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.