Bill Text: NY S03257 | 2015-2016 | General Assembly | Amended

New York Senate Bill 3257 (Prior Session Legislation)

Bill Title: Relates to the minimum wage for food service workers receiving tips.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 0000-00-00 - [S03257 Detail]

Download: New_York-2015-S03257-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________
                                         3257--A
                               2015-2016 Regular Sessions
                    IN SENATE
                                    February 4, 2015
                                       ___________
        Introduced  by  Sen. SANDERS -- read twice and ordered printed, and when
          printed to be committed to the Committee on Labor  --  recommitted  to
          the  Committee  on  Labor  in accordance with Senate Rule 6, sec. 8 --
          committee discharged, bill amended, ordered reprinted as  amended  and
          recommitted to said committee
        AN  ACT to amend the labor law, in relation to the minimum wage for food
          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 chapter 747 of the laws of 2004, is amended to read as follows:
     3    4. Notwithstanding subdivisions one and two of this section, the  wage
     4  for  an  employee who is a food service worker receiving tips shall be a
     5  cash wage of at least three dollars and thirty  cents  per  hour  on  or
     6  after  March  thirty-first,  two thousand; three dollars and eighty-five
     7  cents on or after January  first,  two  thousand  five;  at  least  four
     8  dollars  and  thirty-five  cents on or after January first, two thousand
     9  six; [and] at least four dollars and sixty cents  on  or  after  January
    10  first,  two thousand seven[, provided that the tips of such an employee,
    11  when added to such cash wage, are equal to  or  exceed];  and  at  least
    12  seventy  percent  of  the minimum wage in effect pursuant to subdivision
    13  one of this section [and provided further that no  other  cash  wage  is
    14  established pursuant to section six hundred fifty-three of this article]
    15  or seventy percent of the minimum wage in effect in the applicable muni-
    16  cipality  on  or  after  January first, two thousand seventeen.   In the
    17  event the cash wage payable under  the  Fair  Labor  Standards  Act  (29
    18  United  States Code Sec. 203 (m), as amended), is increased after enact-
    19  ment of this subdivision, the cash wage payable under  this  subdivision
    20  shall  automatically  be  increased by the proportionate increase in the
    21  cash wage payable under  such  federal  law,  and  will  be  immediately
    22  enforceable  as the cash wage payable to food service workers under this
    23  article.
    24    § 2. This act shall take effect immediately.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08804-02-6