| Date of Action |
Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|---|---|
| Jan 05, 2022 |
referred to labor |
| Feb 02, 2021 |
referred to labor |
Senate Bill S4175
2021-2022 Legislative Session
Sponsored By
(D) 14th Senate District
Archive: Last Bill Status - In Senate Committee Labor Committee
Actions
2021-S4175 (ACTIVE) - Details
2021-S4175 (ACTIVE) - Sponsor Memo
BILL NUMBER: S4175
SPONSOR: COMRIE
TITLE OF BILL:
An act to amend the labor law, in relation to establishing when a tip
credit applies to employees working at tipped and non-tipped occupations
on the same day
PURPOSE OR GENERAL IDEA OF BILL:
To allow a New York restaurant employee greater flexibility to work in a
tipped and non-tipped capacity in the same shift.
SUMMARY OF PROVISIONS:
Section 1 allows employees to work in a tipped and non-tipped occupation
on the same day, so long as the employer does notòtake the tip credit
for the time worked in the non-tipped capacity, if it exceeds twenty
percent of a worker's shift; the legislation further states that should
an error be made in taking the tip credit, the employer shall be liable
2021-S4175 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
4175
2021-2022 Regular Sessions
I N S E N A T E
February 2, 2021
___________
Introduced by Sen. COMRIE -- 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 establishing when a tip
credit applies to employees working at tipped and non-tipped occupa-
tions on the same day
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The labor law is amended by adding a new section 652-a to
read as follows:
§ 652-A. WORKING AT TIPPED AND NON-TIPPED OCCUPATIONS ON THE SAME DAY.
ON ANY DAY THAT A SERVICE EMPLOYEE OR FOOD SERVICE WORKER WORKS AT A
NON-TIPPED OCCUPATION FOR MORE THAN TWENTY PERCENT OF HIS OR HER SHIFT,
THE WAGES OF SUCH EMPLOYEE SHALL BE SUBJECT TO NO TIP CREDIT FOR THE
TIME WORKING AT THE NON-TIPPED OCCUPATION DURING THAT DAY. A FOOD
SERVICE WORKER'S CUSTOMARY SIDE WORK THAT IS ANCILLARY TO HIS OR HER
OCCUPATION AND WHICH IS REGULARLY AND CUSTOMARILY PERFORMED AS PART OF
HIS OR HER REGULAR JOB DUTIES SHALL NOT BE CONSIDERED WORK AT A NON-
TIPPED OCCUPATION. IF AN EMPLOYEE FOR WHOM AN EMPLOYER IMPROPERLY TAKES
A TIP CREDIT PARTICIPATES IN A TIP POOL WITH EMPLOYEES FOR WHOM A TIP
CREDIT IS PROPERLY TAKEN, THE EMPLOYER SHALL ONLY BE LIABLE TO THE
EMPLOYEE FOR WHOM THE TIP CREDIT WAS IMPROPERLY TAKEN.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05315-01-1
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