New York State Assembly

 
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A02967 Summary:

A02967 Committee Votes:

Committee:LABOR   Chair:Titus      
DATE:06/07/2017AYE/NAY:18/8  Action: Favorable refer to committee Codes        
Titus
Aye
Brabenec
Nay
Abbate
Aye
Crouch
Nay
Perry
Absent
Fitzpatrick
Nay
Ortiz
Aye
Curran
Nay
Colton
Aye
DiPietro
Nay
Benedetto
Aye
Castorina
Nay
Hevesi
Excused
Byrne
Nay
Zebrowski
Aye
Morinello
Nay
Miller
Aye
Bronson
Aye
Rodriguez
Aye
Moya
Aye
DenDekker
Aye
Mayer
Aye
Skoufis
Absent
Rozic
Aye
Simon
Aye
Steck
Aye
Joyner
Aye
Barnwell
Aye
Carroll
Aye

Committee:CODES   Chair:Lentol      
DATE:06/07/2017AYE/NAY:19/3  Action: Favorable refer to committee Rules        
Lentol
Aye
Graf
Nay
Schimminger
Aye
Giglio
Aye
Weinstein
Aye
McKevitt
Aye
Pretlow
Aye
Montesano
Nay
Cook
Aye
Ra
Aye
Cymbrowitz
Aye
Morinello
Nay
Titus
Aye
O'Donnell
Aye
Lavine
Aye
Perry
Aye
Zebrowski
Aye
Abinanti
Aye
Weprin
Aye
Mosley
Aye
Hevesi
Aye
Fahy
Aye

Committee:RULES   Chair:Heastie      
DATE:06/13/2017AYE/NAY:30/0  Action: Favorable         
Heastie
Aye
Kolb
Aye
Gottfried
Aye
Oaks
Aye
Lentol
Aye
Butler
Aye
Farrell
Aye
Crouch
Aye
Gantt
Aye
Finch
Aye
Nolan
Excused
Barclay
Aye
Weinstein
Aye
Raia
Aye
Hooper
Aye
Hawley
Aye
Ortiz
Aye
Pretlow
Aye
Cook
Aye
Glick
Aye
Morelle
Aye
Aubry
Aye
Englebright
Aye
Dinowitz
Aye
Colton
Aye
Magnarelli
Aye
Perry
Aye
Galef
Aye
Paulin
Aye
Titus
Aye
Peoples-Stokes
Aye

A02967 Floor Votes:

A02967 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
 submitted in accordance with Assembly Rule III, Sec 1(f)



 
BILL NUMBER: A2967A
 
SPONSOR: Moya

 
PURPOSE:
 
Requires car wash workers to be paid the minimum wage without allowance
for gratuities.
 
 
SUMMARY OF PROVISIONS:
 
Section 1. Section 651 of the labor law is amended by adding a new
subdivision 10 to read as follows: 10. "Car wash worker" means any
employee primarily engaged in the washing, vacuuming or general cleaning
of motor vehicles. "Car wash worker" shall not include volunteers
engaged in the washing of cars for fund raising or other charitable
purpose.
 
§ 2. Section 652 of the labor law is amended by adding a new subdivision
7 to read to follows: 7. Notwithstanding any provision of this article
relating to the inclusion of an allowance for gratuities in the determi-
nation of the minimum wage, an employee who is a car wash worker shall
receive the minimum wage set forth in subdivision one of this section
with no such allowance for gratuities.
 
 
JUSTIFICATION:
 
At a time when we are fighting to raise minimum wage for the working
poor in our state, it is hard to fathom that there are people out there
attempting to survive off of less than the state's minimum, in areas
where minimum wage jobs cause homelessness and hunger. It is time to not
only create a wage that makes it possible for our families to live. We
must also make sure that all occupations are considered and, encompassed
in that change.
 
Eight workers at the Vegas Auto Spa on Seventh Ave. in Park Slope say
they were paid less than minimum wage - sometimes as little as $4.50 an
hour - and didn't get overtime for working as much as 90 hours a week NY
Daily News 10/7/14)
 
"On busy days we wash between 500 and 800 cars," he says. "I used to
work 60 to 84 hours a week, seven days a week, at least 12 hours a day.
When I first started at Hi-Tek in 2008, I made $5 an hour, flat, plus
tips. In 2010 it was raised to $5.50 and in January of this year it went
up to $5.65. Until January we never got paid overtime. We don't get paid
holidays, vacation, or sick days. We rarely get more than a couple of
minutes to eat lunch, have coffee or a snack. On a good day I get $30 in
tips but most days I get only $10 ( Brooklynrail.org - 09/3/12)
 
Former Carwasher at Hi-Tek for five years but left this March because he
couldn't make ends meet earning $5.25 an hour with little tips.  (Nycom-
munities.org 06/27/12)
 
The going hourly wage is $5.50 in the car-wash industry--the tipped
minimum wage--and shifts often last up to 12 hours. ( socialistwork-
er.org )

Broadway Bridge Car Wash Some of the workers earned as little as $3.75
an hour when the minimum wage was $6.75 and $4.00 when it was $7.15.
They took home as little as $270 a week and were often forced to share
tips with non-service employees. (http:// www.crainsnewyork.com/) Report
by the NYS Labor Law Summary for Carwashes
 
 
LEGISLATIVE HISTORY:
 
New
 
 
FISCAL IMPLICATIONS:
 
None
 
 
LOCAL FISCAL IMPLICATIONS:
 
None
 
 
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become law.