Bill Text: NY A10203 | 2021-2022 | General Assembly | Introduced
Bill Title: Provides for minimum wage requirements for miscellaneous industry workers; defines "miscellaneous industry worker" to mean any employee covered by the minimum wage order for miscellaneous industries and occupations in accordance with Part 142 of Title 12 of the NYCRR, including, but not limited to, car wash attendants, nail salon workers, tow truck drivers, dog groomers, wedding planners, tour guides, valet parking attendants, hairdressers, aestheticians, golf and tennis instructors, and door-persons; makes related provisions.
Spectrum: Partisan Bill (Democrat 30-0)
Status: (Introduced - Dead) 2022-05-06 - referred to labor [A10203 Detail]
Download: New_York-2021-A10203-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 10203 IN ASSEMBLY 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: 1 Section 1. Section 196-d of the labor law, as added by chapter 1007 of 2 the laws of 1968, is amended to read as follows: 3 § 196-d. Gratuities. No employer or his or her agent or an officer or 4 agent of any corporation, or any other person shall demand or accept, 5 directly or indirectly, any part of the gratuities, received by an 6 employee, or retain any part of a gratuity or of any charge purported to 7 be a gratuity for an employee. This provision shall not apply to the 8 checking of hats, coats or other apparel. Nothing in this subdivision 9 shall be construed as affecting the allowances from the minimum wage for 10 gratuities in the amount determined in accordance with the provisions of 11 article nineteen of this chapter nor as affecting practices in 12 connection with banquets and other special functions where a fixed 13 percentage of the patron's bill is added for gratuities which are 14 distributed to employees, nor to the sharing of tips by a waiter [with a15busboy or similar employee] with other employees. 16 § 2. Section 651 of the labor law is amended by adding a new subdivi- 17 sion 10 to read as follows: 18 10. "Miscellaneous industry worker" means any employee covered by the 19 minimum wage order for miscellaneous industries and occupations pursuant 20 to the provisions of 12 NYCRR part 142, including, but not limited to, 21 car wash attendants, nail salon workers, tow truck drivers, dog groom- 22 ers, wedding planners, tour guides, valet parking attendants, hairdres- 23 sers, aestheticians, golf and tennis instructors, and door-persons. 24 § 3. Subdivisions 2 and 4 of section 652 of the labor law, subdivision 25 2 as amended by chapter 38 of the laws of 1990, the opening paragraph of 26 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. LBD02983-02-2A. 10203 2 1 laws of 2020, subdivision 4 as amended by section 2 of part K of chapter 2 54 of the laws of 2016, are amended to read as follows: 3 2. Existing wage orders. The minimum wage orders in effect on the 4 effective date of this act shall remain in full force and effect, except 5 as modified in accordance with the provisions of this article; provided, 6 however, that the minimum wage order for farm workers codified at part 7 one hundred ninety of title twelve of the New York code of rules and 8 regulations in effect on January first, two thousand twenty shall be 9 deemed to be a wage order established and adopted under this article and 10 shall remain in full force and effect except as modified in accordance 11 with the provisions of this article or article nineteen-A of this chap- 12 ter. 13 Such minimum wage orders shall be modified by the commissioner to 14 increase all monetary amounts specified therein in the same proportion 15 as the increase in the hourly minimum wage as provided in subdivision 16 one of this section, including the amounts specified in such minimum 17 wage orders as allowances for gratuities, and when furnished by the 18 employer to its employees, for meals, lodging, apparel and other such 19 items, services and facilities, except that the hourly cash wage for 20 food service workers, service employees and miscellaneous industry work- 21 ers who receive tips shall not be less than the cash wage as provided in 22 subdivision four of this section, and the maximum credit for tips in 23 minimum wage orders shall be modified so that such credit, when combined 24 with such cash wage, is equal to the minimum wage, and the hourly cash 25 wage for miscellaneous industry workers shall not be less than the cash 26 wage as provided in subdivision four of this section. All amounts so 27 modified shall be rounded off to the nearest five cents. The modified 28 orders shall be promulgated by the commissioner without a public hear- 29 ing, and without reference to a wage board, and shall become effective 30 on the effective date of such increases in the minimum wage except as 31 otherwise provided in this subdivision, notwithstanding any other 32 provision of this article. 33 4. (a) Notwithstanding subdivisions one and two of this section, the 34 wage for an employee who is a food service worker receiving tips shall 35 be a cash wage of at least two-thirds of the minimum wage rates set 36 forth in subdivision one of this section, rounded to the nearest five 37 cents or seven dollars and fifty cents, whichever is higher, provided 38 that the [tips] average daily wage of such an employee, when tips for 39 the day are added to [such] the cash wage paid for hours worked on each 40 such day, are equal to or exceed the minimum wage in effect pursuant to 41 subdivision one of this section and provided further that no other cash 42 wage is established pursuant to section six hundred fifty-three of this 43 article. Any cash wage established pursuant to section six hundred 44 fifty-three of this article shall not be less than the cash wage estab- 45 lished by this subdivision. 46 (b) Notwithstanding subdivisions one and two of this section and 47 section six hundred fifty-three of this article, the wage for an employ- 48 ee who is a food service worker service employee receiving tips and paid 49 pursuant to the provisions of 12 NYCRR part 146 shall be, for each hour 50 worked in the city of New York, a cash wage of not less than: 51 $9.00 per hour on and after December 31, 2021; 52 $10.50 per hour on and after December 31, 2022; 53 $12.00 per hour on and after December 31, 2023; 54 $13.50 per hour on and after December 31, 2024; 55 $15.00 per hour on and after December 31, 2025, and beginning on 56 December thirty-first, two thousand twenty-six, and on each followingA. 10203 3 1 December thirty-first thereafter, a cash wage payable to a food service 2 worker or service worker shall be published by the commissioner on or 3 before October first of such year that is equal to the then current cash 4 wage under this paragraph increased by $1.75, until such time as such 5 cash wage would be equal to or greater than the cash wage under para- 6 graph (a) of subdivision one of this section, at which point the cash 7 wage under this paragraph shall be the same as the cash wage under para- 8 graph (a) of subdivision one of this section and shall increase whenever 9 the latter increases. 10 (c) Notwithstanding subdivisions one and two of this section and 11 section six hundred fifty-three of this article, the wage for an employ- 12 ee who is a food service worker or service employee receiving tips and 13 paid pursuant to the provisions of 12 NYCRR part 146 shall be, for each 14 hour worked in the counties of Nassau, Suffolk and Westchester, a cash 15 wage of not less than: 16 $8.00 per hour on and after December 31, 2021; 17 $9.50 per hour on and after December 31, 2022; 18 $11.00 per hour on and after December 31, 2023; 19 $13.00 per hour on and after December 31, 2024; 20 $15.00 per hour on and after December 31, 2025, and beginning on 21 December thirty-first, two thousand twenty-six, and on each following 22 December thirty-first thereafter, a cash wage payable to a food service 23 worker or service worker shall be published by the commissioner on or 24 before October first of such year, that is equal to the then current 25 cash wage under this paragraph increased by $1.75, until such time as 26 such cash wage would be equal to or greater than the cash wage under 27 paragraph (b) of subdivision one of this section, at which point the 28 cash wage payable under this paragraph shall be the same as the cash 29 wage under paragraph (b) of subdivision one of this section and shall 30 increase whenever the latter increases. 31 (d) Notwithstanding subdivisions one and two of this section and 32 section six hundred fifty-three of this article, the wage for an employ- 33 ee who is a food service worker or service employee receiving tips and 34 paid pursuant to the provisions of 12 NYCRR part 146 shall be, for each 35 hour worked outside the city of New York and the counties of Nassau, 36 Suffolk and Westchester, a cash wage of not less than: 37 $8.00 per hour on and after December 31, 2021; 38 $9.25 per hour on and after December 31, 2022; 39 $10.50 per hour on and after December 31, 2023; 40 $11.50 per hour on and after December 31, 2024; 41 $12.50 per hour on and after December 31, 2025, and beginning on 42 December thirty-first, two thousand twenty-six, and on each following 43 December thirty-first thereafter, a cash wage payable to a food service 44 worker or service worker shall be published by the commissioner on or 45 before October first of such year that is equal to the then current cash 46 wage under this paragraph increased by $1.75, until such time as such 47 cash wage would be equal to or greater than the cash wage under para- 48 graph (c) of subdivision one of this section, at which point the cash 49 wage under this paragraph shall be the same as the wage under paragraph 50 (c) of subdivision one of this section and shall increase whenever the 51 latter increases. 52 (e) Notwithstanding subdivisions one and two of this section, the wage 53 for an employee who is a miscellaneous industry worker receiving tips 54 and paid pursuant to the provisions of 12 NYCRR part 142 shall be for 55 each hour worked in the city of New York, a cash wage of not less than:A. 10203 4 1 $13.15 or $13.85 per hour for high tip and low tip employees, respec- 2 tively on and after June 30, 2021; 3 $15.00 per hour for both high tip and low tip employees on and after 4 December 31, 2021, and beginning on December thirty-first, two thousand 5 twenty-two, the cash wage payable under this paragraph shall be the same 6 as the cash wage under paragraph (a) of subdivision one of this section 7 and shall increase whenever the latter increases. 8 (f) Notwithstanding subdivisions one and two of this section, the wage 9 for an employee who is a miscellaneous industry worker receiving tips 10 and paid pursuant to the provisions of 12 NYCRR part 142 be for each 11 worked in the counties of Nassau, Suffolk and Westchester, a cash wage 12 of not less than: 13 $11.40 or $12.00 per hour for high tip and low tip employees, respec- 14 tively on and after June 30, 2021; 15 $14.00 per hour for both high tip and low tip employees on and after 16 December 31, 2021, and beginning on December thirty-first, two thousand 17 twenty-two, the cash wage payable under this paragraph shall be the same 18 as the cash wage under paragraph (b) of subdivision one of this section 19 and shall increase whenever the latter increases. 20 (g) Notwithstanding subdivisions one and two of this section, the wage 21 for an employee who is a miscellaneous industry worker receiving tips 22 and paid pursuant to the provisions of 12 NYCRR part 142 be for each 23 hour worked outside the city of New York and the counties of Nassau, 24 Suffolk and Westchester, a cash wage of not less than: 25 $10.35 or $10.90 per hour for high tip and low tip employees, respec- 26 tively on and after June 30, 2021; 27 $12.50 per hour for both high tip and low tip employees on and after 28 December 31, 2021, and beginning on December thirty-first, two thousand 29 twenty-two, the cash wage payable under this paragraph shall be the same 30 as the cash wage under paragraph (c) of subdivision one of this section 31 and shall increase whenever the latter increases. 32 § 4. Subdivision 2 of section 653 of the labor law, as added by chap- 33 ter 14 of the laws of 2000, is amended to read as follows: 34 (2) The commissioner shall, within six months after enactment of any 35 change in the statutory minimum wage set forth in subdivision one of 36 section six hundred fifty-two of this article, appoint a wage board to 37 inquire and report and recommend any changes to wage orders governing 38 wages payable to food service workers. Such wage board shall be estab- 39 lished consistent with the provisions of subdivision one of section six 40 hundred fifty-five of this article, except the representatives of the 41 employees shall be selected upon the nomination of the state American 42 Federation of Labor/Congress of Industrial Organizations; and provided, 43 further, that the representatives of the employers shall be selected 44 upon the nomination of the New York State Business Council. [Any wage45order authorizing a lesser wage than the previously and statutorily46mandated minimum wage for such employees shall be reviewed by the wage47board to ascertain at what level such wage order is sufficient to48provide adequate maintenance and to protect the health and livelihood of49employees subject to such a wage order after a statutory increase in the50mandated minimum wage] Notwithstanding section six hundred fifty-five of 51 this article, a wage order under this subdivision shall not authorize a 52 lesser wage than the previously and statutorily mandated minimum wage 53 for such employees. 54 § 5. This act shall take effect immediately.
