S T A T E O F N E W Y O R K
________________________________________________________________________
11086
I N A S S E M B L Y
October 7, 2020
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Cruz) --
read once and referred to the Committee on Labor
AN ACT to amend the labor law, in relation to providing for minimum wage
requirements for miscellaneous industry workers
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 196-d of the labor law, as added by chapter 1007
of the laws of 1968, is amended to read as follows:
§ 196-d. Gratuities. No employer or his OR HER agent or an officer or
agent of any corporation, or any other person shall demand or accept,
directly or indirectly, any part of the gratuities, received by an
employee, or retain any part of a gratuity or of any charge purported to
be a gratuity for an employee. This provision shall not apply to the
checking of hats, coats or other apparel. Nothing in this subdivision
shall be construed as affecting the allowances from the minimum wage for
gratuities in the amount determined in accordance with the provisions of
article nineteen of this chapter nor as affecting practices in
connection with banquets and other special functions where a fixed
percentage of the patron's bill is added for gratuities which are
distributed to employees, nor to the sharing of tips by a waiter [with a
busboy or similar employee] WITH OTHER EMPLOYEES.
§ 2. Section 651 of the labor law is amended by adding a new subdivi-
sion 10 to read as follows:
10. "MISCELLANEOUS INDUSTRY WORKER" MEANS ANY EMPLOYEE COVERED BY THE
MINIMUM WAGE ORDER FOR MISCELLANEOUS INDUSTRIES AND OCCUPATIONS PURSUANT
TO THE PROVISIONS OF 12 NYCRR PART 142, INCLUDING, BUT NOT LIMITED TO,
CAR WASH ATTENDANTS, NAIL SALON WORKERS, TOW TRUCK DRIVERS, DOG GROOM-
ERS, WEDDING PLANNERS, TOUR GUIDES, VALET PARKING ATTENDANTS, HAIRDRES-
SERS, AESTHETICIANS, GOLF AND TENNIS INSTRUCTORS, AND DOOR-PERSONS.
§ 3. Subdivisions 2 and 4 of section 652 of the labor law, subdivision
2 as amended by chapter 38 of the laws of 1990, the opening paragraph of
subdivision 2 as amended by section 6 of part II of chapter 58 of the
laws of 2020, subdivision 4 as amended by section 2 of part K of chapter
54 of the laws of 2016, are amended to read as follows:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD17270-01-0
A. 11086 2
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; provided,
however, that the minimum wage order for farm workers codified at part
one hundred ninety of title twelve of the New York code of rules and
regulations in effect on January first, two thousand twenty shall be
deemed to be a wage order established and adopted under this article and
shall remain in full force and effect except as modified in accordance
with the provisions of this article or article nineteen-A of this chap-
ter.
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, SERVICE EMPLOYEES AND MISCELLANEOUS INDUSTRY WORK-
ERS 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 SUCH CASH WAGE, IS EQUAL TO THE MINIMUM WAGE, AND THE HOURLY CASH
WAGE FOR MISCELLANEOUS INDUSTRY WORKERS SHALL NOT BE LESS THAN THE CASH
WAGE AS PROVIDED IN SUBDIVISION FOUR OF THIS SECTION. 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 hear-
ing, 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.
4. (A) 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] AVERAGE DAILY WAGE of such an employee, when TIPS FOR
THE DAY ARE added to [such] THE cash wage PAID FOR HOURS WORKED ON EACH
SUCH DAY, 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. ANY CASH WAGE ESTABLISHED PURSUANT TO SECTION SIX HUNDRED
FIFTY-THREE OF THIS ARTICLE SHALL NOT BE LESS THAN THE CASH WAGE ESTAB-
LISHED BY THIS SUBDIVISION.
(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 SERVICE EMPLOYEE RECEIVING TIPS AND PAID
PURSUANT TO THE PROVISIONS OF 12 NYCRR PART 146 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, 2020;
$10.50 PER HOUR ON AND AFTER DECEMBER 31, 2021;
$12.00 PER HOUR ON AND AFTER DECEMBER 31, 2022;
$13.50 PER HOUR ON AND AFTER DECEMBER 31, 2023;
$15.00 PER HOUR ON AND AFTER DECEMBER 31, 2024.
BEGINNING ON DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-FIVE, THE CASH
WAGE PAYABLE TO A FOOD SERVICE WORKER OR SERVICE WORKER UNDER THIS PARA-
A. 11086 3
GRAPH SHALL BE NOT LESS THAN THE WAGE ESTABLISHED PURSUANT TO PARAGRAPH
(A) 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 PURSUANT TO THE PROVISIONS OF 12 NYCRR PART 146 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, 2020;
$9.50 PER HOUR ON AND AFTER DECEMBER 31, 2021;
$11.00 PER HOUR ON AND AFTER DECEMBER 31, 2022;
$13.00 PER HOUR ON AND AFTER DECEMBER 31, 2023;
$15.00 PER HOUR ON AND AFTER DECEMBER 31, 2024.
BEGINNING ON DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-FIVE, 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.
(D) 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 PURSUANT TO THE PROVISIONS OF 12 NYCRR PART 146 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, 2020;
$9.25 PER HOUR ON AND AFTER DECEMBER 31, 2021;
$10.50 PER HOUR ON AND AFTER DECEMBER 31, 2022;
$11.50 PER HOUR ON AND AFTER DECEMBER 31, 2023;
$12.50 PER HOUR ON AND AFTER DECEMBER 31, 2024.
BEGINNING ON DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-FIVE, 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.
(E) NOTWITHSTANDING SUBDIVISIONS ONE AND TWO OF THIS SECTION, THE WAGE
FOR AN EMPLOYEE WHO IS A MISCELLANEOUS INDUSTRY WORKER RECEIVING TIPS
AND PAID PURSUANT TO THE PROVISIONS OF 12 NYCRR PART 142 SHALL BE FOR
EACH HOUR WORKED IN THE CITY OF NEW YORK, A CASH WAGE OF NOT LESS THAN:
$13.15 OR $13.85 PER HOUR FOR HIGH TIP AND LOW TIP EMPLOYEES, RESPEC-
TIVELY ON AND AFTER JUNE 30, 2020;
$15.00 PER HOUR FOR BOTH HIGH TIP AND LOW TIP EMPLOYEES ON AND AFTER
DECEMBER 31, 2020.
BEGINNING ON DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-ONE, THE CASH
WAGE PAYABLE TO A MISCELLANEOUS INDUSTRY WORKER UNDER THIS PARAGRAPH
SHALL BE NOT LESS THAN THE WAGE ESTABLISHED PURSUANT TO PARAGRAPH (A) OF
SUBDIVISION ONE OF THIS SECTION.
(F) NOTWITHSTANDING SUBDIVISIONS ONE AND TWO OF THIS SECTION, THE WAGE
FOR AN EMPLOYEE WHO IS A MISCELLANEOUS INDUSTRY WORKER RECEIVING TIPS
AND PAID PURSUANT TO THE PROVISIONS OF 12 NYCRR PART 142 BE FOR EACH
WORKED IN THE COUNTIES OF NASSAU, SUFFOLK AND WESTCHESTER, A CASH WAGE
OF NOT LESS THAN:
$11.40 OR $12.00 PER HOUR FOR HIGH TIP AND LOW TIP EMPLOYEES, RESPEC-
TIVELY ON AND AFTER JUNE 30, 2020;
$14.00 PER HOUR FOR BOTH HIGH TIP AND LOW TIP EMPLOYEES ON AND AFTER
DECEMBER 31, 2020.
BEGINNING ON DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-ONE, THE CASH
WAGE PAYABLE TO A MISCELLANEOUS INDUSTRY WORKER UNDER THIS PARAGRAPH
A. 11086 4
SHALL BE NOT LESS THAN THE WAGE ESTABLISHED PURSUANT TO PARAGRAPH (B) OF
SUBDIVISION ONE OF THIS SECTION.
(G) NOTWITHSTANDING SUBDIVISIONS ONE AND TWO OF THIS SECTION, THE WAGE
FOR AN EMPLOYEE WHO IS A MISCELLANEOUS INDUSTRY WORKER RECEIVING TIPS
AND PAID PURSUANT TO THE PROVISIONS OF 12 NYCRR PART 142 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:
$10.35 OR $10.90 PER HOUR FOR HIGH TIP AND LOW TIP EMPLOYEES, RESPEC-
TIVELY ON AND AFTER JUNE 30, 2020;
$12.50 PER HOUR FOR BOTH HIGH TIP AND LOW TIP EMPLOYEES ON AND AFTER
DECEMBER 31, 2020.
BEGINNING ON DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-ONE, THE CASH
WAGE PAYABLE TO A MISCELLANEOUS INDUSTRY WORKER UNDER THIS PARAGRAPH
SHALL BE NOT LESS THAN THE WAGE ESTABLISHED PURSUANT TO PARAGRAPH (C) OF
SUBDIVISION ONE OF THIS SECTION.
§ 4. 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.
§ 5. This act shall take effect immediately.