Bill Text: NY S08709 | 2019-2020 | General Assembly | Amended

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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) 2020-09-25 - PRINT NUMBER 8709A [S08709 Detail]

Download: New_York-2019-S08709-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         8709--A

                    IN SENATE

                                      July 9, 2020
                                       ___________

        Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
          printed to be  committed  to  the  Committee  on  Rules  --  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.
                                                                   LBD16689-04-0