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A06821 Summary:

Amd 652 & 653, Lab L
Relates to authorizing counties to opt out of any wage increase that eliminates the credit for tips.
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A06821 Actions:

03/20/2019referred to labor
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A06821 Text:

                STATE OF NEW YORK
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                     March 20, 2019
        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 and subdivi-
     3  sion 4 as amended by section 2 of part K of chapter 54 of  the  laws  of
     4  2016, are amended to read as follows:
     5    2.  Existing  wage  orders.  The  minimum wage orders in effect on the
     6  effective date of this act shall remain in full force and effect, except
     7  as modified in accordance with the provisions of this article.
     8    Such minimum wage orders shall be  modified  by  the  commissioner  to
     9  increase  all  monetary amounts specified therein in the same proportion
    10  as the increase in the hourly minimum wage as  provided  in  subdivision
    11  one  of  this  section,  including the amounts specified in such minimum
    12  wage orders as allowances for gratuities,  and  when  furnished  by  the
    13  employer  to  its  employees, for meals, lodging, apparel and other such
    14  items, services and facilities. All amounts so modified shall be rounded
    15  off to the nearest five cents. The modified orders shall be  promulgated
    16  by the commissioner without a public hearing, and without reference to a
    17  wage  board,  and  shall  become effective on the effective date of such
    18  increases in the minimum wage  except  as  otherwise  provided  in  this
    19  subdivision,  notwithstanding  any  other  provision  of  this  article;
    20  provided, however, a county may opt out of any increase  in  the  hourly
    21  cash wage for food service workers and service employees that eliminates
    22  the credit for tips.
    23    4.  Notwithstanding subdivisions one and two of this section, the wage
    24  for an employee who is a food service worker receiving tips shall  be  a
    25  cash  wage of at least two-thirds of the minimum wage rates set forth in
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 6821                             2
     1  subdivision one of this section, rounded to the nearest  five  cents  or
     2  seven  dollars  and  fifty cents, whichever is higher, provided that the
     3  tips of such an employee, when added to such cash wage, are equal to  or
     4  exceed  the  minimum  wage in effect pursuant to subdivision one of this
     5  section and provided further that no  other  cash  wage  is  established
     6  pursuant  to  section  six  hundred  fifty-three  of  this  article; and
     7  provided, further, that a county may opt out of  any  increase  in  such
     8  cash wage for food service workers and service employees that eliminates
     9  such credit for tips.
    10    §  2. Subdivision 2 of section 653 of the labor law, as added by chap-
    11  ter 14 of the laws of 2000, is amended to read as follows:
    12    (2) The commissioner shall, within six months after enactment  of  any
    13  change  in  the  statutory  minimum wage set forth in subdivision one of
    14  section six hundred fifty-two of this article, appoint a wage  board  to
    15  inquire  and  report  and recommend any changes to wage orders governing
    16  wages payable to food service workers. Such wage board shall  be  estab-
    17  lished  consistent with the provisions of subdivision one of section six
    18  hundred fifty-five of this article, except the  representatives  of  the
    19  employees  shall  be  selected upon the nomination of the state American
    20  Federation of Labor/Congress of Industrial Organizations; and  provided,
    21  further,  that  the  representatives  of the employers shall be selected
    22  upon the nomination of the New York State  Business  Council.  Any  wage
    23  order  authorizing  a  lesser  wage  than the previously and statutorily
    24  mandated minimum wage for such employees shall be reviewed by  the  wage
    25  board  to  ascertain  at  what  level  such  wage order is sufficient to
    26  provide adequate maintenance and to protect the health and livelihood of
    27  employees subject to such a wage order after a statutory increase in the
    28  mandated minimum wage. Notwithstanding section six hundred fifty-five of
    29  this article, counties may opt out of any wage order under this subdivi-
    30  sion authorizing an increase in the cash wage for  such  employees  that
    31  eliminates the credit for tips.
    32    § 3. This act shall take effect immediately.
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