Bill Text: NY S07034 | 2013-2014 | General Assembly | Introduced

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

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-04-21 - REFERRED TO LABOR [S07034 Detail]

Download: New_York-2013-S07034-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7034
                                   I N  S E N A T E
                                    April 21, 2014
                                      ___________
       Introduced  by  Sen. SANDERS -- read twice and ordered printed, and when
         printed to be committed to the Committee on Labor
       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 FIFTEEN.  In the  event
   17  the  cash  wage  payable  under  the Fair Labor Standards Act (29 United
   18  States Code Sec. 203 (m), as amended), is increased after  enactment  of
   19  this  subdivision,  the  cash  wage payable under this subdivision shall
   20  automatically be increased by the proportionate  increase  in  the  cash
   21  wage payable under such federal law, and will be immediately enforceable
   22  as the cash wage payable to food service workers under this article.
   23    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD13658-01-4