| Date of Action |
Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|---|---|
| Feb 19, 2025 |
referred to labor |
Senate Bill S5176
2025-2026 Legislative Session
Sponsored By
(D) 14th Senate District
Current Bill Status - In Senate Committee Labor Committee
Actions
2025-S5176 (ACTIVE) - Details
- Current Committee:
- Senate Labor
- Law Section:
- Labor Law
- Laws Affected:
- Add §652-a, Lab L
- Versions Introduced in Other Legislative Sessions:
-
2019-2020:
S8709
2021-2022: S4175
2023-2024: S8200
2025-S5176 (ACTIVE) - Sponsor Memo
BILL NUMBER: S5176
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 not take 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
to the employee for whom the credit was improperly taken.
2025-S5176 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
5176
2025-2026 Regular Sessions
I N S E N A T E
February 19, 2025
___________
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 THEIR 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 THEIR OCCUPATION AND
WHICH IS REGULARLY AND CUSTOMARILY PERFORMED AS PART OF THEIR 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 PARTIC-
IPATES 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.
LBD06059-01-5
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