S T A T E O F N E W Y O R K
________________________________________________________________________
1240
2019-2020 Regular Sessions
I N A S S E M B L Y
January 14, 2019
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Introduced by M. of A. JAFFEE, SIMON, ORTIZ, CAHILL, BARRON, RICHARDSON,
GOTTFRIED, WALKER, ABINANTI, L. ROSENTHAL, HEVESI, SIMOTAS, COLTON,
D'URSO, WEPRIN -- Multi-Sponsored by -- M. of A. COOK -- read once and
referred to the Committee on Labor
AN ACT to amend the labor law, in relation to the minimum wage
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 2 of section 652 of the labor law, as amended
by chapter 38 of the laws of 1990, is 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, EXCEPT THAT THE HOURLY CASH WAGE FOR
FOOD SERVICE WORKERS AND SERVICE EMPLOYEES 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 THIS CASH WAGE, IS EQUAL TO THE
MINIMUM WAGE. All amounts so modified shall be rounded off to the near-
est five cents. The modified orders shall be promulgated by the commis-
sioner 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.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04774-01-9
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§ 2. Subdivision 4 of section 652 of the labor law, as amended by
section 2 of part K of chapter 54 of the laws of 2016, is amended to
read as follows:
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
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, EXCEPT THAT
ANY CASH WAGE ESTABLISHED PURSUANT TO SECTION SIX HUNDRED FIFTY-THREE OF
THIS ARTICLE SHALL NOT BE LESS THAN THE CASH WAGE ESTABLISHED BY THIS
SUBDIVISION.
(A) 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 IN ACCORDANCE WITH PART 146 OF TITLE 12 OF THE NEW YORK STATE
COMPILATION OF CODES, RULES AND REGULATIONS 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, 2019;
$10.50 PER HOUR ON AND AFTER DECEMBER 31, 2020;
$12.00 PER HOUR ON AND AFTER DECEMBER 31, 2021;
$13.50 PER HOUR ON AND AFTER DECEMBER 31, 2022;
$15.00 PER HOUR ON AND AFTER DECEMBER 31, 2023.
BEGINNING ON DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-FOUR, 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
(A) OF SUBDIVISION ONE OF THIS SECTION.
(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 OR SERVICE EMPLOYEE RECEIVING TIPS AND
PAID IN ACCORDANCE WITH PART 146 OF TITLE 12 OF THE NEW YORK STATE
COMPILATION OF CODES, RULES AND REGULATIONS 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, 2019;
$9.50 PER HOUR ON AND AFTER DECEMBER 31, 2020;
$11.00 PER HOUR ON AND AFTER DECEMBER 31, 2021;
$13.00 PER HOUR ON AND AFTER DECEMBER 31, 2022;
$15.00 PER HOUR ON AND AFTER DECEMBER 31, 2023.
BEGINNING ON DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-FOUR, 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.
(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 IN ACCORDANCE WITH PART 146 OF TITLE 12 OF THE NEW YORK STATE
COMPILATION OF CODES, RULES AND REGULATIONS 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, 2019;
$9.25 PER HOUR ON AND AFTER DECEMBER 31, 2020;
$10.50 PER HOUR ON AND AFTER DECEMBER 31, 2021;
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$11.50 PER HOUR ON AND AFTER DECEMBER 31, 2022;
$12.50 PER HOUR ON AND AFTER DECEMBER 31, 2023.
BEGINNING ON DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-FOUR, 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.
§ 3. 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.
§ 4. This act shall take effect immediately.