S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7172
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 23, 2021
                                ___________
 
 Introduced  by M. of A. WOERNER -- read once and referred to the Commit-
   tee 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, the opening
 paragraph of subdivision 2 as amended by section 6 of part II of chapter
 58 of the laws of 2020, and 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; provided,
 however,  that  the minimum wage order for farm workers codified at part
 one hundred ninety of title twelve of the New York  code  of  rules  and
 regulations  in  effect  on  January first, two thousand twenty shall be
 deemed to be a wage order established and adopted under this article and
 shall remain in full force and effect except as modified  in  accordance
 with  the provisions of this article or article nineteen-A of this chap-
 ter.
   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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01521-01-1

 A. 7172                             2
 
 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
 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.