Bill Text: NY S06027 | 2015-2016 | General Assembly | Amended

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Bill Title: Relates to certain affirmative defenses available under the labor law.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed - Dead) 2016-06-08 - referred to labor [S06027 Detail]

Download: New_York-2015-S06027-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         6027--A
                               2015-2016 Regular Sessions
                    IN SENATE
                                     August 7, 2015
                                       ___________
        Introduced  by  Sen.  DeFRANCISCO -- read twice and ordered printed, and
          when printed to be committed to the Committee on Rules --  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 certain affirmative
          defenses
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1. Paragraph (b) of subdivision 1 of section 195 of the labor
     2  law, as added by chapter 564 of the laws of 2010, is amended to read  as
     3  follows:
     4    (b)  The  commissioner  shall  prepare  templates that comply with the
     5  requirements of paragraph (a) of this subdivision.  Each  such  template
     6  shall  be  dual-language, including English and one additional language.
     7  The commissioner shall  determine,  in  his  or  her  discretion,  which
     8  languages  to  provide  in addition to English, based on the size of the
     9  New York state population that speaks each language and any other factor
    10  that the commissioner shall deem relevant. All such templates  shall  be
    11  made  available to employers in such manner as determined by the commis-
    12  sioner. Employers may rely upon these templates and shall not be  liable
    13  for their good faith reliance upon the templates provided by the commis-
    14  sioner;
    15    §  2.  Section 196-d of the labor law, as added by chapter 1007 of the
    16  laws of 1968, is amended to read as follows:
    17    § 196-d. Gratuities. No employer or his agent or an officer  or  agent
    18  of any corporation, or any other person shall demand or accept, directly
    19  or  indirectly,  any part of the gratuities, received by an employee, or
    20  retain any part of a gratuity or of any charge purported to be a gratui-
    21  ty for an employee. This provision shall not apply to  the  checking  of
    22  hats,  coats  or  other  apparel.  Nothing  in this subdivision shall be
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11769-03-6