S T A T E   O F   N E W   Y O R K
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                                   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
              

 A. 10203                            2
 
 laws of 2020, 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,  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
 WAGE  AS  PROVIDED  IN  SUBDIVISION FOUR OF THIS SECTION. 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 hear-
 ing, and without reference to a 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.
   4.  (A)  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] AVERAGE DAILY WAGE of such an employee,  when  TIPS  FOR
 THE  DAY ARE added to [such] THE cash wage PAID FOR HOURS WORKED ON EACH
 SUCH DAY, 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.  ANY  CASH  WAGE  ESTABLISHED  PURSUANT  TO SECTION SIX HUNDRED
 FIFTY-THREE OF THIS ARTICLE SHALL NOT BE LESS THAN THE CASH WAGE  ESTAB-
 LISHED BY THIS SUBDIVISION.
   (B)  NOTWITHSTANDING  SUBDIVISIONS  ONE  AND  TWO  OF THIS SECTION AND
 SECTION SIX HUNDRED FIFTY-THREE OF THIS ARTICLE, THE WAGE FOR AN EMPLOY-
 EE WHO IS A FOOD SERVICE WORKER SERVICE EMPLOYEE RECEIVING TIPS AND PAID
 PURSUANT TO THE PROVISIONS OF 12 NYCRR PART 146 SHALL BE, FOR EACH  HOUR
 WORKED IN THE CITY OF NEW YORK, A CASH WAGE OF NOT LESS THAN:
   $9.00 PER HOUR ON AND AFTER DECEMBER 31, 2021;
   $10.50 PER HOUR ON AND AFTER DECEMBER 31, 2022;
   $12.00 PER HOUR ON AND AFTER DECEMBER 31, 2023;
   $13.50 PER HOUR ON AND AFTER DECEMBER 31, 2024;
   $15.00  PER  HOUR  ON  AND  AFTER  DECEMBER 31, 2025, AND BEGINNING ON
 DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-SIX, AND  ON  EACH  FOLLOWING
 A. 10203                            3
 
 DECEMBER  THIRTY-FIRST THEREAFTER, A CASH WAGE PAYABLE TO A FOOD SERVICE
 WORKER OR SERVICE WORKER SHALL BE PUBLISHED BY THE  COMMISSIONER  ON  OR
 BEFORE OCTOBER FIRST OF SUCH YEAR THAT IS EQUAL TO THE THEN CURRENT CASH
 WAGE  UNDER  THIS  PARAGRAPH INCREASED BY $1.75, UNTIL SUCH TIME AS SUCH
 CASH WAGE WOULD BE EQUAL TO OR GREATER THAN THE CASH  WAGE  UNDER  PARA-
 GRAPH  (A)  OF  SUBDIVISION ONE OF THIS SECTION, AT WHICH POINT THE CASH
 WAGE UNDER THIS PARAGRAPH SHALL BE THE SAME AS THE CASH WAGE UNDER PARA-
 GRAPH (A) OF SUBDIVISION ONE OF THIS SECTION AND SHALL INCREASE WHENEVER
 THE LATTER INCREASES.
   (C) NOTWITHSTANDING SUBDIVISIONS ONE  AND  TWO  OF  THIS  SECTION  AND
 SECTION SIX HUNDRED FIFTY-THREE OF THIS ARTICLE, THE WAGE FOR AN EMPLOY-
 EE  WHO  IS A FOOD SERVICE WORKER OR SERVICE EMPLOYEE RECEIVING TIPS AND
 PAID PURSUANT TO THE PROVISIONS OF 12 NYCRR PART 146 SHALL BE, FOR  EACH
 HOUR  WORKED  IN THE COUNTIES OF NASSAU, SUFFOLK AND WESTCHESTER, A CASH
 WAGE OF NOT LESS THAN:
   $8.00 PER HOUR ON AND AFTER DECEMBER 31, 2021;
   $9.50 PER HOUR ON AND AFTER DECEMBER 31, 2022;
   $11.00 PER HOUR ON AND AFTER DECEMBER 31, 2023;
   $13.00 PER HOUR ON AND AFTER DECEMBER 31, 2024;
   $15.00 PER HOUR ON AND AFTER  DECEMBER  31,  2025,  AND  BEGINNING  ON
 DECEMBER  THIRTY-FIRST,  TWO  THOUSAND TWENTY-SIX, AND ON EACH FOLLOWING
 DECEMBER THIRTY-FIRST THEREAFTER, A CASH WAGE PAYABLE TO A FOOD  SERVICE
 WORKER  OR  SERVICE  WORKER SHALL BE PUBLISHED BY THE COMMISSIONER ON OR
 BEFORE OCTOBER FIRST OF SUCH YEAR, THAT IS EQUAL  TO  THE  THEN  CURRENT
 CASH  WAGE  UNDER  THIS PARAGRAPH INCREASED BY $1.75, UNTIL SUCH TIME AS
 SUCH CASH WAGE WOULD BE EQUAL TO OR GREATER THAN  THE  CASH  WAGE  UNDER
 PARAGRAPH  (B)  OF  SUBDIVISION  ONE OF THIS SECTION, AT WHICH POINT THE
 CASH WAGE PAYABLE UNDER THIS PARAGRAPH SHALL BE THE  SAME  AS  THE  CASH
 WAGE  UNDER  PARAGRAPH  (B) OF SUBDIVISION ONE OF THIS SECTION AND SHALL
 INCREASE WHENEVER THE LATTER INCREASES.
   (D) NOTWITHSTANDING SUBDIVISIONS ONE  AND  TWO  OF  THIS  SECTION  AND
 SECTION SIX HUNDRED FIFTY-THREE OF THIS ARTICLE, THE WAGE FOR AN EMPLOY-
 EE  WHO  IS A FOOD SERVICE WORKER OR SERVICE EMPLOYEE RECEIVING TIPS AND
 PAID PURSUANT TO THE PROVISIONS OF 12 NYCRR PART 146 SHALL BE, FOR  EACH
 HOUR  WORKED  OUTSIDE  THE  CITY OF NEW YORK AND THE COUNTIES OF NASSAU,
 SUFFOLK AND WESTCHESTER, A CASH WAGE OF NOT LESS THAN:
   $8.00 PER HOUR ON AND AFTER DECEMBER 31, 2021;
   $9.25 PER HOUR ON AND AFTER DECEMBER 31, 2022;
   $10.50 PER HOUR ON AND AFTER DECEMBER 31, 2023;
   $11.50 PER HOUR ON AND AFTER DECEMBER 31, 2024;
   $12.50 PER HOUR ON AND AFTER  DECEMBER  31,  2025,  AND  BEGINNING  ON
 DECEMBER  THIRTY-FIRST,  TWO  THOUSAND TWENTY-SIX, AND ON EACH FOLLOWING
 DECEMBER THIRTY-FIRST THEREAFTER, A CASH WAGE PAYABLE TO A FOOD  SERVICE
 WORKER  OR  SERVICE  WORKER SHALL BE PUBLISHED BY THE COMMISSIONER ON OR
 BEFORE OCTOBER FIRST OF SUCH YEAR THAT IS EQUAL TO THE THEN CURRENT CASH
 WAGE UNDER THIS PARAGRAPH INCREASED BY $1.75, UNTIL SUCH  TIME  AS  SUCH
 CASH  WAGE  WOULD  BE EQUAL TO OR GREATER THAN THE CASH WAGE UNDER PARA-
 GRAPH (C) OF SUBDIVISION ONE OF THIS SECTION, AT WHICH  POINT  THE  CASH
 WAGE  UNDER THIS PARAGRAPH SHALL BE THE SAME AS THE WAGE UNDER PARAGRAPH
 (C) OF SUBDIVISION ONE OF THIS SECTION AND SHALL INCREASE  WHENEVER  THE
 LATTER INCREASES.
   (E) NOTWITHSTANDING SUBDIVISIONS ONE AND TWO OF THIS SECTION, THE WAGE
 FOR  AN  EMPLOYEE  WHO IS A MISCELLANEOUS INDUSTRY WORKER RECEIVING TIPS
 AND PAID PURSUANT TO THE PROVISIONS OF 12 NYCRR PART 142  SHALL  BE  FOR
 EACH HOUR WORKED IN THE CITY OF NEW YORK, A CASH WAGE OF NOT LESS THAN:
 A. 10203                            4
 
   $13.15  OR $13.85 PER HOUR FOR HIGH TIP AND LOW TIP EMPLOYEES, RESPEC-
 TIVELY ON AND AFTER JUNE 30, 2021;
   $15.00  PER  HOUR FOR BOTH HIGH TIP AND LOW TIP EMPLOYEES ON AND AFTER
 DECEMBER 31, 2021, AND BEGINNING ON DECEMBER THIRTY-FIRST, TWO  THOUSAND
 TWENTY-TWO, THE CASH WAGE PAYABLE UNDER THIS PARAGRAPH SHALL BE THE SAME
 AS  THE CASH WAGE UNDER PARAGRAPH (A) OF SUBDIVISION ONE OF THIS SECTION
 AND SHALL INCREASE WHENEVER THE LATTER INCREASES.
   (F) NOTWITHSTANDING SUBDIVISIONS ONE AND TWO OF THIS SECTION, THE WAGE
 FOR AN EMPLOYEE WHO IS A MISCELLANEOUS INDUSTRY  WORKER  RECEIVING  TIPS
 AND  PAID  PURSUANT  TO  THE PROVISIONS OF 12 NYCRR PART 142 BE FOR EACH
 WORKED IN THE COUNTIES OF NASSAU, SUFFOLK AND WESTCHESTER, A  CASH  WAGE
 OF NOT LESS THAN:
   $11.40  OR $12.00 PER HOUR FOR HIGH TIP AND LOW TIP EMPLOYEES, RESPEC-
 TIVELY ON AND AFTER JUNE 30, 2021;
   $14.00 PER HOUR FOR BOTH HIGH TIP AND LOW TIP EMPLOYEES ON  AND  AFTER
 DECEMBER  31, 2021, AND BEGINNING ON DECEMBER THIRTY-FIRST, TWO THOUSAND
 TWENTY-TWO, THE CASH WAGE PAYABLE UNDER THIS PARAGRAPH SHALL BE THE SAME
 AS THE CASH WAGE UNDER PARAGRAPH (B) OF SUBDIVISION ONE OF THIS  SECTION
 AND SHALL INCREASE WHENEVER THE LATTER INCREASES.
   (G) NOTWITHSTANDING SUBDIVISIONS ONE AND TWO OF THIS SECTION, THE WAGE
 FOR  AN  EMPLOYEE  WHO IS A MISCELLANEOUS INDUSTRY WORKER RECEIVING TIPS
 AND PAID PURSUANT TO THE PROVISIONS OF 12 NYCRR PART  142  BE  FOR  EACH
 HOUR  WORKED  OUTSIDE  THE  CITY OF NEW YORK AND THE COUNTIES OF NASSAU,
 SUFFOLK AND WESTCHESTER, A CASH WAGE OF NOT LESS THAN:
   $10.35 OR $10.90 PER HOUR FOR HIGH TIP AND LOW TIP EMPLOYEES,  RESPEC-
 TIVELY ON AND AFTER JUNE 30, 2021;
   $12.50  PER  HOUR FOR BOTH HIGH TIP AND LOW TIP EMPLOYEES ON AND AFTER
 DECEMBER 31, 2021, AND BEGINNING ON DECEMBER THIRTY-FIRST, TWO  THOUSAND
 TWENTY-TWO, THE CASH WAGE PAYABLE UNDER THIS PARAGRAPH SHALL BE THE SAME
 AS  THE CASH WAGE UNDER PARAGRAPH (C) OF SUBDIVISION ONE OF THIS SECTION
 AND SHALL INCREASE WHENEVER THE LATTER INCREASES.
   § 4. 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, A WAGE ORDER UNDER THIS SUBDIVISION SHALL NOT AUTHORIZE A
 LESSER WAGE THAN THE PREVIOUSLY AND STATUTORILY  MANDATED  MINIMUM  WAGE
 FOR SUCH EMPLOYEES.
   § 5. This act shall take effect immediately.