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S00808 Summary:

BILL NOS00808
 
SAME ASSAME AS A02244
 
SPONSORBIAGGI
 
COSPNSRBRISPORT, LIU, PERSAUD, SALAZAR
 
MLTSPNSR
 
Amd §§196-d, 651, 652 & 653, Lab L
 
Provides for minimum wage requirements for miscellaneous industry workers; defines "miscellaneous industry worker" to mean any employee covered by the Minimum Wage Order for Miscellaneous industries and occupations in accordance with Part 142 of Title 12 of the NYCRR, including, but not limited to, car wash attendants, nail salon workers, tow truck drivers, dog groomers, wedding planners, tour guides, valet parking attendants, hairdressers, aestheticians, golf and tennis instructors, and door-persons; makes related provisions.
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S00808 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           808
 
                               2021-2022 Regular Sessions
 
                    IN SENATE
 
                                       (Prefiled)
 
                                     January 6, 2021
                                       ___________
 
        Introduced  by  Sens. BIAGGI, PERSAUD, SALAZAR -- read twice and ordered
          printed, and when printed to be committed to the Committee on Labor
 
        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
     2  of the laws of 1968, is amended to read as follows:
     3    § 196-d. Gratuities. No employer or his or her 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 [with a
    15  busboy or similar employee] with other employees.
    16    § 2. Section 651 of the labor law is amended by adding a new  subdivi-
    17  sion 10 to read as follows:
    18    10.  "Miscellaneous industry worker" means any employee covered by the
    19  minimum wage order for miscellaneous industries and occupations pursuant
    20  to the provisions of 12 NYCRR part 142, including, but not  limited  to,
    21  car  wash  attendants, nail salon workers, tow truck drivers, dog groom-
    22  ers, wedding planners, tour guides, valet parking attendants,  hairdres-
    23  sers, aestheticians, golf and tennis instructors, and door-persons.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02983-01-1

        S. 808                              2
 
     1    § 3. Subdivisions 2 and 4 of section 652 of the labor law, subdivision
     2  2 as amended by chapter 38 of the laws of 1990, the opening paragraph of
     3  subdivision  2  as  amended by section 6 of part II of chapter 58 of the
     4  laws of 2020, subdivision 4 as amended by section 2 of part K of chapter
     5  54 of the laws of 2016, are amended to read as follows:
     6    2.  Existing  wage  orders.  The  minimum wage orders in effect on the
     7  effective date of this act shall remain in full force and effect, except
     8  as modified in accordance with the provisions of this article; provided,
     9  however, that the minimum wage order for farm workers codified  at  part
    10  one  hundred  ninety  of  title twelve of the New York code of rules and
    11  regulations in effect on January first, two  thousand  twenty  shall  be
    12  deemed to be a wage order established and adopted under this article and
    13  shall  remain  in full force and effect except as modified in accordance
    14  with the provisions of this article or article nineteen-A of this  chap-
    15  ter.
    16    Such  minimum  wage  orders  shall  be modified by the commissioner to
    17  increase all monetary amounts specified therein in the  same  proportion
    18  as  the  increase  in the hourly minimum wage as provided in subdivision
    19  one of this section, including the amounts  specified  in  such  minimum
    20  wage  orders  as  allowances  for  gratuities, and when furnished by the
    21  employer to its employees, for meals, lodging, apparel  and  other  such
    22  items,  services  and  facilities,  except that the hourly cash wage for
    23  food service workers, service employees and miscellaneous industry work-
    24  ers who receive tips shall not be less than the cash wage as provided in
    25  subdivision four of this section, and the maximum  credit  for  tips  in
    26  minimum wage orders shall be modified so that such credit, when combined
    27  with  such  cash wage, is equal to the minimum wage, and the hourly cash
    28  wage for miscellaneous industry workers shall not be less than the  cash
    29  wage  as  provided  in  subdivision four of this section. All amounts so
    30  modified shall be rounded off to the nearest five  cents.  The  modified
    31  orders  shall  be promulgated by the commissioner without a public hear-
    32  ing, and without reference to a wage board, and shall  become  effective
    33  on  the  effective  date of such increases in the minimum wage except as
    34  otherwise  provided  in  this  subdivision,  notwithstanding  any  other
    35  provision of this article.
    36    4.  (a)  Notwithstanding subdivisions one and two of this section, the
    37  wage for an employee who is a food service worker receiving  tips  shall
    38  be  a  cash  wage  of  at least two-thirds of the minimum wage rates set
    39  forth in subdivision one of this section, rounded to  the  nearest  five
    40  cents  or  seven  dollars and fifty cents, whichever is higher, provided
    41  that the [tips] average daily wage of such an employee,  when  tips  for
    42  the  day are added to [such] the cash wage paid for hours worked on each
    43  such day, are equal to or exceed the minimum wage in effect pursuant  to
    44  subdivision  one of this section and provided further that no other cash
    45  wage is established pursuant to section six hundred fifty-three of  this
    46  article.  Any  cash  wage  established  pursuant  to section six hundred
    47  fifty-three of this article shall not be less than the cash wage  estab-
    48  lished by this subdivision.
    49    (b)  Notwithstanding  subdivisions  one  and  two  of this section and
    50  section six hundred fifty-three of this article, the wage for an employ-
    51  ee who is a food service worker service employee receiving tips and paid
    52  pursuant to the provisions of 12 NYCRR part 146 shall be, for each  hour
    53  worked in the city of New York, a cash wage of not less than:
    54    $9.00 per hour on and after December 31, 2021;
    55    $10.50 per hour on and after December 31, 2022;
    56    $12.00 per hour on and after December 31, 2023;

        S. 808                              3
 
     1    $13.50 per hour on and after December 31, 2024;
     2    $15.00 per hour on and after December 31, 2025.
     3    Beginning  on December thirty-first, two thousand twenty-six, the cash
     4  wage payable to a food service worker or service worker under this para-
     5  graph shall be not less than the wage established pursuant to  paragraph
     6  (a) of subdivision one of this section.
     7    (c)  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    $8.00 per hour on and after December 31, 2021;
    14    $9.50 per hour on and after December 31, 2022;
    15    $11.00 per hour on and after December 31, 2023;
    16    $13.00 per hour on and after December 31, 2024;
    17    $15.00 per hour on and after December 31, 2025.
    18    Beginning  on December thirty-first, two thousand twenty-six, the cash
    19  wage payable to a food service worker or service worker under this para-
    20  graph shall be not less than the wage established pursuant to  paragraph
    21  (b) of subdivision one of this section.
    22    (d)  Notwithstanding  subdivisions  one  and  two  of this section and
    23  section six hundred fifty-three of this article, the wage for an employ-
    24  ee who is a food service worker or service employee receiving  tips  and
    25  paid  pursuant to the provisions of 12 NYCRR part 146 shall be, for each
    26  hour worked outside the city of New York and  the  counties  of  Nassau,
    27  Suffolk and Westchester, a cash wage of not less than:
    28    $8.00 per hour on and after December 31, 2021;
    29    $9.25 per hour on and after December 31, 2022;
    30    $10.50 per hour on and after December 31, 2023;
    31    $11.50 per hour on and after December 31, 2024;
    32    $12.50 per hour on and after December 31, 2025.
    33    Beginning  on December thirty-first, two thousand twenty-six, the cash
    34  wage payable to a food service worker or service worker under this para-
    35  graph shall be not less than the wage established pursuant to  paragraph
    36  (c) of subdivision one of this section.
    37    (e) Notwithstanding subdivisions one and two of this section, the wage
    38  for  an  employee  who is a miscellaneous industry worker receiving tips
    39  and paid pursuant to the provisions of 12 NYCRR part 142  shall  be  for
    40  each hour worked in the city of New York, a cash wage of not less than:
    41    $13.15  or $13.85 per hour for high tip and low tip employees, respec-
    42  tively on and after June 30, 2021;
    43    $15.00 per hour for both high tip and low tip employees on  and  after
    44  December 31, 2021.
    45    Beginning  on December thirty-first, two thousand twenty-two, the cash
    46  wage payable to a miscellaneous industry  worker  under  this  paragraph
    47  shall be not less than the wage established pursuant to paragraph (a) of
    48  subdivision one of this section.
    49    (f) Notwithstanding subdivisions one and two of this section, the wage
    50  for  an  employee  who is a miscellaneous industry worker receiving tips
    51  and paid pursuant to the provisions of 12 NYCRR part  142  be  for  each
    52  worked  in  the counties of Nassau, Suffolk and Westchester, a cash wage
    53  of not less than:
    54    $11.40 or $12.00 per hour for high tip and low tip employees,  respec-
    55  tively on and after June 30, 2021;

        S. 808                              4
 
     1    $14.00  per  hour for both high tip and low tip employees on and after
     2  December 31, 2021.
     3    Beginning  on December thirty-first, two thousand twenty-two, the cash
     4  wage payable to a miscellaneous industry  worker  under  this  paragraph
     5  shall be not less than the wage established pursuant to paragraph (b) of
     6  subdivision one of this section.
     7    (g) Notwithstanding subdivisions one and two of this section, the wage
     8  for  an  employee  who is a miscellaneous industry worker receiving tips
     9  and paid pursuant to the provisions of 12 NYCRR part  142  be  for  each
    10  hour  worked  outside  the  city of New York and the counties of Nassau,
    11  Suffolk and Westchester, a cash wage of not less than:
    12    $10.35 or $10.90 per hour for high tip and low tip employees,  respec-
    13  tively on and after June 30, 2021;
    14    $12.50  per  hour for both high tip and low tip employees on and after
    15  December 31, 2021.
    16    Beginning on December thirty-first, two thousand twenty-two, the  cash
    17  wage  payable  to  a  miscellaneous industry worker under this paragraph
    18  shall be not less than the wage established pursuant to paragraph (c) of
    19  subdivision one of this section.
    20    § 4. Subdivision 2 of section 653 of the labor law, as added by  chap-
    21  ter 14 of the laws of 2000, is amended to read as follows:
    22    (2)  The  commissioner shall, within six months after enactment of any
    23  change in the statutory minimum wage set forth  in  subdivision  one  of
    24  section  six  hundred fifty-two of this article, appoint a wage board to
    25  inquire and report and recommend any changes to  wage  orders  governing
    26  wages  payable  to food service workers. Such wage board shall be estab-
    27  lished consistent with the provisions of subdivision one of section  six
    28  hundred  fifty-five  of  this article, except the representatives of the
    29  employees shall be selected upon the nomination of  the  state  American
    30  Federation  of Labor/Congress of Industrial Organizations; and provided,
    31  further, that the representatives of the  employers  shall  be  selected
    32  upon  the  nomination  of the New York State Business Council. [Any wage
    33  order authorizing a lesser wage  than  the  previously  and  statutorily
    34  mandated  minimum  wage for such employees shall be reviewed by the wage
    35  board to ascertain at what  level  such  wage  order  is  sufficient  to
    36  provide adequate maintenance and to protect the health and livelihood of
    37  employees subject to such a wage order after a statutory increase in the
    38  mandated minimum wage] Notwithstanding section six hundred fifty-five of
    39  this  article, a wage order under this subdivision shall not authorize a
    40  lesser wage than the previously and statutorily  mandated  minimum  wage
    41  for such employees.
    42    § 5. This act shall take effect immediately.
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