NY State Senate Bill 2019-S3815

Senate Bill S3815

2019-2020 Legislative Session

Relates to authorizing counties to opt out of any wage increase that eliminates the credit for tips

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Archive: Last Bill Status - In Senate Committee Labor Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to labor
Feb 15, 2019	referred to labor

co-Sponsors

2019-S3815 (ACTIVE) - Details

See Assembly Version of this Bill:: A6821
Current Committee:: Senate Labor
Law Section:: Labor Law
Laws Affected:: Amd §§652 & 653, Lab L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S8297, A10636
2021-2022: S2070, A7172

2019-S3815 (ACTIVE) - Summary

Relates to authorizing counties to opt out of any wage increase that eliminates the credit for tips.

2019-S3815 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S3815

SPONSOR: JORDAN
 
TITLE OF BILL:  An act to amend the labor law, in relation to author-
izing counties to opt out of any wage increase that eliminates the cred-
it for tips

 
PURPOSE OF THE BILL:

To authorize counties to opt out of any wage increase that eliminates
the credit for tips

 
SUMMARY OF PROVISIONS:

Section 1: Amends labor law to provide that 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

Section 2: Provides that, notwithstanding section six hundred fifty-five
of this article, counties may opt out of any wage order under subdivi-
sion 2 of section 653 of labor law authorizing an increase in the cash

wage for such employees that eliminates the credit for tips

Section 3: Establishes the effective date

 
JUSTIFICATION:

The proposal to remove the tipped wage credit has been met with strong
opposition from restaurant owners, servers and industry leaders in
upstate New York. This proposal is a "one-size-fits-all" policy that
does not work for all of New York. The problems of servers and restau-
rant workers in places like Manhattan and Queens are not the same as the
problems of upstate workers and servers. This legislation will give the
counties the option to opt out of the elimination of the tipped wage
credit. By taking a regional approach, we can avoid legislating an issue
in search of a problem in one region, and also allow other regions where
the problem does exist, the opportunity to address it. In Saratoga
Springs, we have heard from many industry workers who agree that they
make far more than the minimum wage with the tipped wage credit. Sarato-
ga Springs is an affluent tourist town that attracts millions of visi-
tors every year. The servers in Saratoga are aware of the benefit of
working in a tourist town and have chosen a career in the hospitality
industry because it is so profitable. The same concept applies to small
tourist towns like Lake George and Cooperstown as well. However, it is
fair to argue that an issue such as wage theft may be t ied to the
culture of tipping in New York City. This is why a regional approach is
more effective than an overarching, state-wide policy.

 
PRIOR LEGISLATIVE HISTORY:

S8297 of 2018

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S3815 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3815
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 15, 2019
                                ___________
 
 Introduced  by  Sens.  JORDAN,  LITTLE, SEWARD -- read twice and ordered
   printed, and when printed to be committed to the Committee 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

 S. 3815                             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.

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Senate Bill S3815

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Sponsored By

Daphne Jordan