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A01710 Summary:

BILL NOA01710A
 
SAME ASSAME AS S05567-A
 
SPONSORGonzalez-Rojas
 
COSPNSREpstein, Kelles, Clark, De Los Santos, Cruz, Gallagher, Ardila, Burdick, Simon, Septimo, Shimsky, Raga, Bores, Shrestha, Cunningham, Rozic, Bichotte Hermelyn, Simone, Taylor, Brown K, DeStefano, Aubry, Levenberg, Carroll, Rivera, Anderson, Forrest, Mamdani, Colton, Ramos, Joyner, Rosenthal L, Alvarez, Wallace, Glick, Seawright, Weprin, Mitaynes, Gibbs, Jackson, Thiele, Sillitti, Reyes, Hevesi, Zaccaro, Otis, Jean-Pierre, Williams, Lee, Fall, Stern, Davila, Kim, Stirpe, Meeks
 
MLTSPNSR
 
Amd 196-d, 651, 652 & 653, Lab L
 
Provides for minimum wage requirements for miscellaneous industry workers.
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A01710 Actions:

BILL NOA01710A
 
01/20/2023referred to labor
05/16/2023amend (t) and recommit to labor
05/16/2023print number 1710a
01/03/2024referred to labor
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A01710 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         1710--A
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 20, 2023
                                       ___________
 
        Introduced   by   M.  of  A.  GONZALEZ-ROJAS,  EPSTEIN,  KELLES,  CLARK,
          DE LOS SANTOS, CRUZ, GALLAGHER, ARDILA, BURGOS, BURDICK, SIMON, SEPTI-
          MO, SHIMSKY, RAGA, BORES, SHRESTHA, CUNNINGHAM, ROZIC, BICHOTTE HERME-
          LYN, SIMONE, TAYLOR, K. BROWN, DeSTEFANO, AUBRY,  LEVENBERG,  CARROLL,
          RIVERA,  ANDERSON,  FORREST, MAMDANI, COLTON, RAMOS, JOYNER, L. ROSEN-
          THAL, ALVAREZ, WALLACE -- 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 providing for minimum wage
          requirements for miscellaneous industry workers
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 196-d of the labor law, as added by chapter 1007 of
     2  the laws of 1968, is amended to read as follows:
     3    § 196-d. Gratuities. No employer or [his] their agent or an officer or
     4  agent  of  any  corporation, or any other person shall demand or accept,
     5  directly or indirectly, any part  of  the  gratuities,  received  by  an
     6  employee, or retain any part of a gratuity or of any charge purported to
     7  be  a  gratuity  for  an employee. This provision shall not apply to the
     8  checking of hats, coats or other apparel. Nothing  in  this  subdivision
     9  shall be construed as affecting the allowances from the minimum wage for
    10  gratuities in the amount determined in accordance with the provisions of
    11  article   nineteen  of  this  chapter  nor  as  affecting  practices  in
    12  connection with banquets and  other  special  functions  where  a  fixed
    13  percentage  of  the  patron's  bill  is  added  for gratuities which are
    14  distributed to employees, nor to the sharing of tips by a waiter, if the
    15  employer takes a credit for gratuities as permitted by  subdivision  two
    16  of  section six hundred fifty-two of this chapter with a busboy or simi-
    17  lar employee, or, if the employer does not take a credit for  gratuities
    18  as permitted by subdivision two of section six hundred fifty-two of this
    19  chapter, with any other non-managerial and non-supervisory employees.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06920-06-3

        A. 1710--A                          2
 
     1    §  2. Section 651 of the labor law is amended by adding a new subdivi-
     2  sion 10 to read as follows:
     3    10.  "Miscellaneous industry worker" means any employee covered by the
     4  minimum wage order for miscellaneous industries and occupations pursuant
     5  to the provisions of 12 NYCRR part 142, including, but not  limited  to,
     6  car  wash  attendants, nail salon workers, tow truck drivers, dog groom-
     7  ers, wedding planners, tour guides, valet parking attendants,  hairdres-
     8  sers, aestheticians, golf and tennis instructors, and door-persons.
     9    §  3. Subdivisions 2 and 4 of section 652 of the labor law, as amended
    10  by section 3 of part S of chapter 56 of the laws of 2023, are amended to
    11  read as follows:
    12    2. Existing wage orders. The minimum wage  orders  in  effect  on  the
    13  effective date of this act shall remain in full force and effect, except
    14  as modified in accordance with the provisions of this article; provided,
    15  however,  that  the minimum wage order for farm workers codified at part
    16  one hundred ninety of title twelve of the New York  code  of  rules  and
    17  regulations  in  effect  on  January first, two thousand twenty shall be
    18  deemed to be a wage order established and adopted under this article and
    19  shall remain in full force and effect except as modified  in  accordance
    20  with  the provisions of this article or article nineteen-A of this chap-
    21  ter.
    22    Such minimum wage orders shall be  modified  by  the  commissioner  to
    23  increase  all  monetary amounts specified therein in the same proportion
    24  as the increase in the hourly minimum wage as provided  in  subdivisions
    25  one,  one-a,  and one-b of this section, including the amounts specified
    26  in such minimum wage orders  as  allowances  for  gratuities,  and  when
    27  furnished  by the employer to its employees, for meals, lodging, apparel
    28  and other such items, services and facilities, except  that  the  hourly
    29  cash  wage for food service workers, service employees and miscellaneous
    30  industry workers who receive tips shall not be less than the  cash  wage
    31  as  provided in subdivision four of this section, and the maximum credit
    32  for tips in minimum wage orders shall be modified so that  such  credit,
    33  when combined with such cash wage, is equal to the minimum wage, and the
    34  hourly  cash  wage  for miscellaneous industry workers shall not be less
    35  than the cash wage as provided in subdivision four of this section.  All
    36  amounts  so modified shall be rounded off to the nearest five cents. The
    37  modified orders shall be  promulgated  by  the  commissioner  without  a
    38  public  hearing, and without reference to a wage board, and shall become
    39  effective on the effective date of such increases in  the  minimum  wage
    40  except  as  otherwise  provided in this subdivision, notwithstanding any
    41  other provision of this article.
    42    4. [Notwithstanding subdivisions one, one-a, one-b, and  two  of  this
    43  section, the wage for an employee who is a food service worker receiving
    44  tips  shall  be  a  cash wage of at least two-thirds of the minimum wage
    45  rates set forth in subdivision one of this section, rounded to the near-
    46  est five cents or seven dollars and fifty cents,  whichever  is  higher,
    47  provided  that  the  tips  of  such an employee, when added to such cash
    48  wage, are equal to or exceed the minimum  wage  in  effect  pursuant  to
    49  subdivisions  one, one-a, and one-b of this section and provided further
    50  that no other cash wage is established pursuant to section  six  hundred
    51  fifty-three  of  this  article] (a) Notwithstanding subdivisions one and
    52  two of this section and section six hundred fifty-three of this article,
    53  the wage for an employee who is a food service worker  service  employee
    54  receiving  tips and paid pursuant to the provisions of 12 NYCRR part 146
    55  shall be, for each hour worked in the city of New York, a cash  wage  of
    56  not less than:

        A. 1710--A                          3
 
     1    $12.77 per hour on and after January 1, 2024;
     2    $14.88 per hour on and after January 1, 2025;
     3    $17.00 per hour on and after January 1, 2026, and beginning on January
     4  first,  two  thousand  twenty-seven, a cash wage rate established by the
     5  commissioner annually, indexed to inflation as described in  subdivision
     6  one-b of this section.
     7    (b)  Notwithstanding  subdivisions  one  and  two  of this section and
     8  section six hundred fifty-three of this article, the wage for an employ-
     9  ee who is a food service worker or service employee receiving  tips  and
    10  paid  pursuant to the provisions of 12 NYCRR part 146 shall be, for each
    11  hour worked in the counties of Nassau, Suffolk and Westchester,  a  cash
    12  wage of not less than:
    13    $12.77 per hour on and after January 1, 2024;
    14    $14.88 per hour on and after January 1, 2025;
    15    $17.00 per hour on and after January 1, 2026, and beginning on January
    16  first,  two  thousand  twenty-seven, a cash wage rate established by the
    17  commissioner annually, indexed to inflation as described in  subdivision
    18  one-b of this section.
    19    (c)  Notwithstanding  subdivisions  one  and  two  of this section and
    20  section six hundred fifty-three of this article, the wage for an employ-
    21  ee who is a food service worker or service employee receiving  tips  and
    22  paid  pursuant to the provisions of 12 NYCRR part 146 shall be, for each
    23  hour worked outside the city of New York and  the  counties  of  Nassau,
    24  Suffolk and Westchester, a cash wage of not less than:
    25    $11.50 per hour on and after January 1, 2024;
    26    $13.00 per hour on and after January 1, 2025;
    27    $14.50 per hour on and after January 1, 2026;
    28    $16.00 per hour on and after January 1, 2027, and beginning on January
    29  first,  two  thousand  twenty-eight, a cash wage rate established by the
    30  commissioner annually, indexed to inflation as described in  subdivision
    31  one-b of this section.
    32    (d) Notwithstanding subdivisions one and two of this section, the wage
    33  for  an  employee  who is a miscellaneous industry worker receiving tips
    34  and paid pursuant to the provisions of 12 NYCRR part 142  shall  be  for
    35  each  hour  worked in the city of New York, a cash wage of not less than
    36  the cash wage rate as described in paragraph (a) of subdivision one-a of
    37  this section.
    38    (e) Notwithstanding subdivisions one and two of this section, the wage
    39  for an employee who is a miscellaneous industry  worker  receiving  tips
    40  and  paid  pursuant  to the provisions of 12 NYCRR part 142 shall be for
    41  each hour worked in the counties of Nassau, Suffolk and  Westchester,  a
    42  cash  wage of not less than the cash wage rate as described in paragraph
    43  (b) of subdivision one-a of this section.
    44    (f) Notwithstanding subdivisions one and two of this section, the wage
    45  for an employee who is a miscellaneous industry  worker  receiving  tips
    46  and  paid  pursuant  to the provisions of 12 NYCRR part 142 shall be for
    47  each hour worked outside the city  of  New  York  and  the  counties  of
    48  Nassau,  Suffolk  and Westchester, a cash wage of not less than the cash
    49  wage rate as described in paragraph (c) of  subdivision  one-a  of  this
    50  section.
    51    §  4. Subdivision 2 of section 653 of the labor law, as added by chap-
    52  ter 14 of the laws of 2000, is amended to read as follows:
    53    (2) The commissioner shall, within six months after enactment  of  any
    54  change  in  the  statutory  minimum wage set forth in subdivision one of
    55  section six hundred fifty-two of this article, appoint a wage  board  to
    56  inquire  and  report  and recommend any changes to wage orders governing

        A. 1710--A                          4
 
     1  wages payable to food service workers. Such wage board shall  be  estab-
     2  lished  consistent with the provisions of subdivision one of section six
     3  hundred fifty-five of this article, except the  representatives  of  the
     4  employees  shall  be  selected upon the nomination of the state American
     5  Federation of Labor/Congress of Industrial Organizations; and  provided,
     6  further,  that  the  representatives  of the employers shall be selected
     7  upon the nomination of the New York State Business  Council.  [Any  wage
     8  order  authorizing  a  lesser  wage  than the previously and statutorily
     9  mandated minimum wage for such employees shall be reviewed by  the  wage
    10  board  to  ascertain  at  what  level  such  wage order is sufficient to
    11  provide adequate maintenance and to protect the health and livelihood of
    12  employees subject to such a wage order after a statutory increase in the
    13  mandated minimum wage] Notwithstanding section six hundred fifty-five of
    14  this article, a wage order under this subdivision shall not authorize  a
    15  lesser  wage  than  the previously and statutorily mandated minimum wage
    16  for such employees.
    17    § 5. Severability clause. If any clause, sentence, paragraph, subdivi-
    18  sion, section or part of this act shall be  adjudged  by  any  court  of
    19  competent  jurisdiction  to  be invalid, such judgment shall not affect,
    20  impair, or invalidate the remainder of this act, but shall  be  confined
    21  in  its  operation  to  the  clause,  sentence,  paragraph, subdivision,
    22  section or part of this act directly  involved  in  the  controversy  in
    23  which  such  judgment shall have been rendered. It is hereby declared to
    24  be the intent of the legislature that this act would have  been  enacted
    25  even  if  such invalid clause, sentence, paragraph, subdivision, section
    26  or part of this act had not been included herein.
    27    § 6. This act shall take effect immediately.
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