Bill Text: NY A04547 | 2021-2022 | General Assembly | Introduced


Bill Title: 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2021-12-10 - enacting clause stricken [A04547 Detail]

Download: New_York-2021-A04547-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          4547

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    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:

     1    Section 1. Subdivision 4 of section 652 of the labor law,  as  amended
     2  by  section 2 of part K of chapter 54 of the laws of 2016, is amended to
     3  read as follows:
     4    4. Notwithstanding subdivisions one and two of this section, the  wage
     5  for  an  employee who is a food service worker receiving tips shall be a
     6  cash wage of at least two-thirds of the minimum wage rates set forth  in
     7  subdivision  one  of  this section, rounded to the nearest five cents or
     8  seven dollars and fifty cents, whichever is higher[, provided  that  the
     9  tips  of such an employee, when added to such cash wage, are equal to or
    10  exceed]; and equal to the minimum wage in effect pursuant to subdivision
    11  one of this section [and provided further that no  other  cash  wage  is
    12  established pursuant to section six hundred fifty-three of this article]
    13  on or after January first, two thousand twenty-three.
    14    §  2. Section 652 of the labor law is amended by adding a new subdivi-
    15  sion 3-a to read as follows:
    16    3-a. Notwithstanding subdivisions one and two  of  this  section,  the
    17  wage  for an employee who is a service worker, including an employee who
    18  is a resort service worker, receiving tips shall be a cash wage equal to
    19  the minimum wage in effect pursuant to subdivision one of  this  section
    20  on or after January first, two thousand twenty-three.
    21    § 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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