senate Bill S8406A

2019-2020 Legislative Session

Provides for minimum wage requirements for miscellaneous industry workers

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Labor Committee


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

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Actions

view actions (3)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Sep 14, 2020 print number 8406a
Sep 14, 2020 amend and recommit to labor
May 22, 2020 referred to labor

Co-Sponsors

S8406 - Details

See Assembly Version of this Bill:
A11086
Current Committee:
Senate Labor
Law Section:
Labor Law
Laws Affected:
Amd §§196-d, 651, 652 & 653, Lab L

S8406 - 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.

S8406 - Sponsor Memo

S8406 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8406
 
                             I N  S E N A T E
 
                               May 22, 2020
                                ___________
 
 Introduced  by  Sen.  BIAGGI -- 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 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  651  of the labor law is amended by adding a new
 subdivision 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.
   § 2. Subdivisions 2 and 4 of section 652 of the labor law, subdivision
 2 as amended by chapter 38 of the laws of 1990, subdivision 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,  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

Co-Sponsors

S8406A (ACTIVE) - Details

See Assembly Version of this Bill:
A11086
Current Committee:
Senate Labor
Law Section:
Labor Law
Laws Affected:
Amd §§196-d, 651, 652 & 653, Lab L

S8406A (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.

S8406A (ACTIVE) - Sponsor Memo

S8406A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8406--A
 
                             I N  S E N A T E
 
                               May 22, 2020
                                ___________
 
 Introduced  by  Sens. BIAGGI, PERSAUD -- read twice and ordered printed,
   and when printed to be committed to the Committee on Labor --  commit-
   tee  discharged, bill amended, ordered reprinted as amended and recom-
   mitted to said committee
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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