Bill Text: NY A10683 | 2019-2020 | General Assembly | Amended


Bill Title: Relates to establishing when a tip credit applies to employees working at tipped and non-tipped occupations on the same day.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-08-17 - print number 10683a [A10683 Detail]

Download: New_York-2019-A10683-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                        10683--A

                   IN ASSEMBLY

                                      June 24, 2020
                                       ___________

        Introduced   by   COMMITTEE  ON  RULES  --  (at  request  of  M.  of  A.
          Pheffer Amato) -- read once and referred to the Committee on Labor  --
          committee  discharged,  bill amended, ordered reprinted as amended and
          recommitted to said committee

        AN ACT to amend the labor law, in relation to establishing  when  a  tip
          credit  applies  to employees working at tipped and non-tipped occupa-
          tions on the same day

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  The labor law is amended by adding a new section 652-a to
     2  read as follows:
     3    § 652-a. Working at tipped and non-tipped occupations on the same day.
     4  On any day that a service employee or food service  worker  works  at  a
     5  non-tipped  occupation for more than twenty percent of his or her shift,
     6  the wages of such employee shall be subject to no  tip  credit  for  the
     7  time  working  at  the  non-tipped  occupation  during  that day. A food
     8  service worker's customary side work that is ancillary  to  his  or  her
     9  occupation  and  which is regularly and customarily performed as part of
    10  his or her regular job duties shall not be considered  work  at  a  non-
    11  tipped  occupation. If an employee for whom an employer improperly takes
    12  a tip credit participates in a tip pool with employees for  whom  a  tip
    13  credit  is  properly  taken,  the  employer  shall only be liable to the
    14  employee for whom the tip credit was improperly taken.
    15    § 2. This act shall take effect immediately.




         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16689-03-0
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