S T A T E O F N E W Y O R K
________________________________________________________________________
6821
2019-2020 Regular Sessions
I N A S S E M B L Y
March 20, 2019
___________
Introduced by M. of A. WOERNER -- read once and referred to the Commit-
tee on Labor
AN ACT to amend the labor law, in relation to authorizing counties to
opt out of any wage increase that eliminates the credit for 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. All amounts so modified shall be rounded
off to the nearest five cents. The modified orders shall be promulgated
by the commissioner 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;
PROVIDED, HOWEVER, A COUNTY MAY OPT OUT OF ANY INCREASE IN THE HOURLY
CASH WAGE FOR FOOD SERVICE WORKERS AND SERVICE EMPLOYEES THAT ELIMINATES
THE CREDIT FOR TIPS.
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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07823-01-9
A. 6821 2
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; AND
PROVIDED, FURTHER, THAT A COUNTY MAY OPT OUT OF ANY INCREASE IN SUCH
CASH WAGE FOR FOOD SERVICE WORKERS AND SERVICE EMPLOYEES THAT ELIMINATES
SUCH CREDIT FOR TIPS.
§ 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, COUNTIES MAY OPT OUT OF ANY WAGE ORDER UNDER THIS SUBDIVI-
SION AUTHORIZING AN INCREASE IN THE CASH WAGE FOR SUCH EMPLOYEES THAT
ELIMINATES THE CREDIT FOR TIPS.
§ 3. This act shall take effect immediately.