assembly Bill A10203

2021-2022 Legislative Session

Provides for minimum wage requirements for miscellaneous industry workers

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Sponsored By

Current 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
May 06, 2022 referred to labor

Co-Sponsors

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A10203 (ACTIVE) - Details

See Senate Version of this Bill:
S808
Current Committee:
Assembly Labor
Law Section:
Labor Law
Laws Affected:
Amd §§196-d, 651, 652 & 653, Lab L
Versions Introduced in 2019-2020 Legislative Session:
S8406

A10203 (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.

A10203 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10203
 
                           I N  A S S E M B L Y
 
                                May 6, 2022
                                ___________
 
 Introduced by COMMITTEE ON RULES -- (at request of M. of A. Gonzalez-Ro-
   jas,  Cruz,  Clark,  Burgos, Mitaynes, Mamdani, De Los Santos) -- 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02983-02-2