assembly Bill A11086

2019-2020 Legislative Session

Provides for minimum wage requirements for miscellaneous industry workers

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Archive: Last Bill Status - In Assembly Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Oct 07, 2020 referred to labor

A11086 (ACTIVE) - Details

See Senate Version of this Bill:
S8406
Current Committee:
Assembly Labor
Law Section:
Labor Law
Laws Affected:
Amd §§196-d, 651, 652 & 653, Lab L
Versions Introduced in 2021-2022 Legislative Session:
A2244, S808

A11086 (ACTIVE) - Summary

Provides for minimum wage requirements for miscellaneous industry workers; defines "miscellaneous industry worker" to mean any employee covered by the Minimum Wage Order for Miscellaneous industries and occupations in accordance with Part 142 of Title 12 of the NYCRR, including, but not limited to, car wash attendants, nail salon workers, tow truck drivers, dog groomers, wedding planners, tour guides, valet parking attendants, hairdressers, aestheticians, golf and tennis instructors, and door-persons; makes related provisions.

A11086 (ACTIVE) - Bill Text download pdf

 
                     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