Bill Text: NY A07172 | 2021-2022 | General Assembly | Introduced
Bill Title: Relates to authorizing counties to opt out of any wage increase that eliminates the credit for tips.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-01-05 - referred to labor [A07172 Detail]
Download: New_York-2021-A07172-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 7172 2021-2022 Regular Sessions IN ASSEMBLY April 23, 2021 ___________ 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, the opening 3 paragraph of subdivision 2 as amended by section 6 of part II of chapter 4 58 of the laws of 2020, and subdivision 4 as amended by section 2 of 5 part K of chapter 54 of the laws of 2016, are amended to read as 6 follows: 7 2. Existing wage orders. The minimum wage orders in effect on the 8 effective date of this act shall remain in full force and effect, except 9 as modified in accordance with the provisions of this article; provided, 10 however, that the minimum wage order for farm workers codified at part 11 one hundred ninety of title twelve of the New York code of rules and 12 regulations in effect on January first, two thousand twenty shall be 13 deemed to be a wage order established and adopted under this article and 14 shall remain in full force and effect except as modified in accordance 15 with the provisions of this article or article nineteen-A of this chap- 16 ter. 17 Such minimum wage orders shall be modified by the commissioner to 18 increase all monetary amounts specified therein in the same proportion 19 as the increase in the hourly minimum wage as provided in subdivision 20 one of this section, including the amounts specified in such minimum 21 wage orders as allowances for gratuities, and when furnished by the 22 employer to its employees, for meals, lodging, apparel and other such 23 items, services and facilities. All amounts so modified shall be rounded 24 off to the nearest five cents. The modified orders shall be promulgated 25 by the commissioner without a public hearing, and without reference to a EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01521-01-1A. 7172 2 1 wage board, and shall become effective on the effective date of such 2 increases in the minimum wage except as otherwise provided in this 3 subdivision, notwithstanding any other provision of this article; 4 provided, however, a county may opt out of any increase in the hourly 5 cash wage for food service workers and service employees that eliminates 6 the credit for tips. 7 4. Notwithstanding subdivisions one and two of this section, the wage 8 for an employee who is a food service worker receiving tips shall be a 9 cash wage of at least two-thirds of the minimum wage rates set forth in 10 subdivision one of this section, rounded to the nearest five cents or 11 seven dollars and fifty cents, whichever is higher, provided that the 12 tips of such an employee, when added to such cash wage, are equal to or 13 exceed the minimum wage in effect pursuant to subdivision one of this 14 section and provided further that no other cash wage is established 15 pursuant to section six hundred fifty-three of this article; and 16 provided, further, that a county may opt out of any increase in such 17 cash wage for food service workers and service employees that eliminates 18 such credit for tips. 19 § 2. Subdivision 2 of section 653 of the labor law, as added by chap- 20 ter 14 of the laws of 2000, is amended to read as follows: 21 (2) The commissioner shall, within six months after enactment of any 22 change in the statutory minimum wage set forth in subdivision one of 23 section six hundred fifty-two of this article, appoint a wage board to 24 inquire and report and recommend any changes to wage orders governing 25 wages payable to food service workers. Such wage board shall be estab- 26 lished consistent with the provisions of subdivision one of section six 27 hundred fifty-five of this article, except the representatives of the 28 employees shall be selected upon the nomination of the state American 29 Federation of Labor/Congress of Industrial Organizations; and provided, 30 further, that the representatives of the employers shall be selected 31 upon the nomination of the New York State Business Council. Any wage 32 order authorizing a lesser wage than the previously and statutorily 33 mandated minimum wage for such employees shall be reviewed by the wage 34 board to ascertain at what level such wage order is sufficient to 35 provide adequate maintenance and to protect the health and livelihood of 36 employees subject to such a wage order after a statutory increase in the 37 mandated minimum wage. Notwithstanding section six hundred fifty-five of 38 this article, counties may opt out of any wage order under this subdivi- 39 sion authorizing an increase in the cash wage for such employees that 40 eliminates the credit for tips. 41 § 3. This act shall take effect immediately.
