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Assembly Bill A4547

2021-2022 Legislative Session

Relates to the minimum wage for service workers receiving tips

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2021-A4547 (ACTIVE) - Details

Law Section:
Labor Law
Laws Affected:
Amd §652, Lab L
Versions Introduced in Other Legislative Sessions:
2015-2016: A4326
2017-2018: A831
2019-2020: A3061

2021-A4547 (ACTIVE) - Summary

Aligns minimum wages of service workers receiving tips, including employees who are resort service workers, with the statewide minimum wage requirement beginning in January 2023.

2021-A4547 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4547
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 4, 2021
                                ___________
 
 Introduced  by  M.  of  A.  RODRIGUEZ  --  read once and referred to the
   Committee on Labor
 
 AN ACT to amend the labor law, in  relation  to  the  minimum  wage  for
   service workers receiving tips
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. 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]; AND EQUAL TO 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]
 ON OR AFTER JANUARY FIRST, TWO THOUSAND TWENTY-THREE.
   §  2. Section 652 of the labor law is amended by adding a new subdivi-
 sion 3-a to read as follows:
   3-A. NOTWITHSTANDING SUBDIVISIONS ONE AND TWO  OF  THIS  SECTION,  THE
 WAGE  FOR AN EMPLOYEE WHO IS A SERVICE WORKER, INCLUDING AN EMPLOYEE WHO
 IS A RESORT SERVICE WORKER, RECEIVING TIPS SHALL BE A CASH WAGE EQUAL TO
 THE MINIMUM WAGE IN EFFECT PURSUANT TO SUBDIVISION ONE OF  THIS  SECTION
 ON OR AFTER JANUARY FIRST, TWO THOUSAND TWENTY-THREE.
   § 3. This act shall take effect immediately.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03053-01-1

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