Bill Text: NY A10636 | 2017-2018 | General Assembly | Introduced

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Bill Title: Relates to authorizing counties to opt out of any wage increase that eliminates the credit for tips.

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Introduced - Dead) 2018-05-10 - referred to labor [A10636 Detail]

Download: New_York-2017-A10636-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          10636
                   IN ASSEMBLY
                                      May 10, 2018
                                       ___________
        Introduced  by M. of A. WOERNER -- read once and referred to the Commit-
          tee on Labor
        AN ACT to amend the labor law, in relation to  authorizing  counties  to
          opt out of any wage increase that eliminates the credit for tips
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Subdivisions 2 and 4 of  section  652  of  the  labor  law,
     2  subdivision  2 as amended by chapter 38 of the laws of 1990 and subdivi-
     3  sion 4 as amended by section 2 of part K of chapter 54 of  the  laws  of
     4  2016, are amended to read as follows:
     5    2.  Existing  wage  orders.  The  minimum wage orders in effect on the
     6  effective date of this act shall remain in full force and effect, except
     7  as modified in accordance with the provisions of this article.
     8    Such minimum wage orders shall be  modified  by  the  commissioner  to
     9  increase  all  monetary amounts specified therein in the same proportion
    10  as the increase in the hourly minimum wage as  provided  in  subdivision
    11  one  of  this  section,  including the amounts specified in such minimum
    12  wage orders as allowances for gratuities,  and  when  furnished  by  the
    13  employer  to  its  employees, for meals, lodging, apparel and other such
    14  items, services and facilities. All amounts so modified shall be rounded
    15  off to the nearest five cents. The modified orders shall be  promulgated
    16  by the commissioner without a public hearing, and without reference to a
    17  wage  board,  and  shall  become effective on the effective date of such
    18  increases in the minimum wage  except  as  otherwise  provided  in  this
    19  subdivision,  notwithstanding  any  other  provision  of  this  article;
    20  provided, however, a county may opt out of any increase  in  the  hourly
    21  cash wage for food service workers and service employees that eliminates
    22  the credit for tips.
    23    4.  Notwithstanding subdivisions one and two of this section, the wage
    24  for an employee who is a food service worker receiving tips shall  be  a
    25  cash  wage of at least two-thirds of the minimum wage rates set forth in
    26  subdivision one of this section, rounded to the nearest  five  cents  or
    27  seven  dollars  and  fifty cents, whichever is higher, provided that the
    28  tips of such an employee, when added to such cash wage, are equal to  or
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15549-01-8
        A. 10636                            2
     1  exceed  the  minimum  wage in effect pursuant to subdivision one of this
     2  section and provided further that no  other  cash  wage  is  established
     3  pursuant  to  section  six  hundred  fifty-three  of  this  article; and
     4  provided,  further,  that  a  county may opt out of any increase in such
     5  cash wage for food service workers and service employees that eliminates
     6  such credit for tips.
     7    § 2. Subdivision 2 of section 653 of the labor law, as added by  chap-
     8  ter 14 of the laws of 2000, is amended to read as follows:
     9    (2)  The  commissioner shall, within six months after enactment of any
    10  change in the statutory minimum wage set forth  in  subdivision  one  of
    11  section  six  hundred fifty-two of this article, appoint a wage board to
    12  inquire and report and recommend any changes to  wage  orders  governing
    13  wages  payable  to food service workers. Such wage board shall be estab-
    14  lished consistent with the provisions of subdivision one of section  six
    15  hundred  fifty-five  of  this article, except the representatives of the
    16  employees shall be selected upon the nomination of  the  state  American
    17  Federation  of Labor/Congress of Industrial Organizations; and provided,
    18  further, that the representatives of the  employers  shall  be  selected
    19  upon  the  nomination  of  the New York State Business Council. Any wage
    20  order authorizing a lesser wage  than  the  previously  and  statutorily
    21  mandated  minimum  wage for such employees shall be reviewed by the wage
    22  board to ascertain at what  level  such  wage  order  is  sufficient  to
    23  provide adequate maintenance and to protect the health and livelihood of
    24  employees subject to such a wage order after a statutory increase in the
    25  mandated minimum wage. Notwithstanding section six hundred fifty-five of
    26  this article, counties may opt out of any wage order under this subdivi-
    27  sion  authorizing  an  increase in the cash wage for such employees that
    28  eliminates the credit for tips.
    29    § 3. This act shall take effect immediately.