STATE OF NEW YORK
________________________________________________________________________
5567--A
2023-2024 Regular Sessions
IN SENATE
March 8, 2023
___________
Introduced by Sens. JACKSON, BRISPORT, CLEARE, COMRIE, FERNANDEZ,
GIANARIS, GONZALEZ, HOYLMAN-SIGAL, LIU, MAY, MYRIE, PERSAUD, RAMOS,
RIVERA, SALAZAR, SERRANO, THOMAS -- read twice and ordered printed,
and when printed to be committed to the Committee on Finance --
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.
20 § 2. Section 651 of the labor law is amended by adding a new subdivi-
21 sion 10 to read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06920-05-3
S. 5567--A 2
1 10. "Miscellaneous industry worker" means any employee covered by the
2 minimum wage order for miscellaneous industries and occupations pursuant
3 to the provisions of 12 NYCRR part 142, including, but not limited to,
4 car wash attendants, nail salon workers, tow truck drivers, dog groom-
5 ers, wedding planners, tour guides, valet parking attendants, hairdres-
6 sers, aestheticians, golf and tennis instructors, and door-persons.
7 § 3. Subdivisions 2 and 4 of section 652 of the labor law, as amended
8 by section 3 of part S of chapter 56 of the laws of 2023, are amended to
9 read as follows:
10 2. Existing wage orders. The minimum wage orders in effect on the
11 effective date of this act shall remain in full force and effect, except
12 as modified in accordance with the provisions of this article; provided,
13 however, that the minimum wage order for farm workers codified at part
14 one hundred ninety of title twelve of the New York code of rules and
15 regulations in effect on January first, two thousand twenty shall be
16 deemed to be a wage order established and adopted under this article and
17 shall remain in full force and effect except as modified in accordance
18 with the provisions of this article or article nineteen-A of this chap-
19 ter.
20 Such minimum wage orders shall be modified by the commissioner to
21 increase all monetary amounts specified therein in the same proportion
22 as the increase in the hourly minimum wage as provided in subdivisions
23 one, one-a, and one-b of this section, including the amounts specified
24 in such minimum wage orders as allowances for gratuities, and when
25 furnished by the employer to its employees, for meals, lodging, apparel
26 and other such items, services and facilities, except that the hourly
27 cash wage for food service workers, service employees and miscellaneous
28 industry workers who receive tips shall not be less than the cash wage
29 as provided in subdivision four of this section, and the maximum credit
30 for tips in minimum wage orders shall be modified so that such credit,
31 when combined with such cash wage, is equal to the minimum wage, and the
32 hourly cash wage for miscellaneous industry workers shall not be less
33 than the cash wage as provided in subdivision four of this section. All
34 amounts so modified shall be rounded off to the nearest five cents. The
35 modified orders shall be promulgated by the commissioner without a
36 public hearing, and without reference to a wage board, and shall become
37 effective on the effective date of such increases in the minimum wage
38 except as otherwise provided in this subdivision, notwithstanding any
39 other provision of this article.
40 4. [Notwithstanding subdivisions one, one-a, one-b, and two of this
41 section, the wage for an employee who is a food service worker receiving
42 tips shall be a cash wage of at least two-thirds of the minimum wage
43 rates set forth in subdivision one of this section, rounded to the near-
44 est five cents or seven dollars and fifty cents, whichever is higher,
45 provided that the tips of such an employee, when added to such cash
46 wage, are equal to or exceed the minimum wage in effect pursuant to
47 subdivisions one, one-a, and one-b of this section and provided further
48 that no other cash wage is established pursuant to section six hundred
49 fifty-three of this article] (a) Notwithstanding subdivisions one and
50 two of this section and section six hundred fifty-three of this article,
51 the wage for an employee who is a food service worker service employee
52 receiving tips and paid pursuant to the provisions of 12 NYCRR part 146
53 shall be, for each hour worked in the city of New York, a cash wage of
54 not less than:
55 $12.77 per hour on and after January 1, 2024;
56 $14.88 per hour on and after January 1, 2025;
S. 5567--A 3
1 $17.00 per hour on and after January 1, 2026, and beginning on January
2 first, two thousand twenty-seven, a cash wage rate established by the
3 commissioner annually, indexed to inflation as described in subdivision
4 one-b of this section.
5 (b) Notwithstanding subdivisions one and two of this section and
6 section six hundred fifty-three of this article, the wage for an employ-
7 ee who is a food service worker or service employee receiving tips and
8 paid pursuant to the provisions of 12 NYCRR part 146 shall be, for each
9 hour worked in the counties of Nassau, Suffolk and Westchester, a cash
10 wage of not less than:
11 $12.77 per hour on and after January 1, 2024;
12 $14.88 per hour on and after January 1, 2025;
13 $17.00 per hour on and after January 1, 2026, and beginning on January
14 first, two thousand twenty-seven, a cash wage rate established by the
15 commissioner annually, indexed to inflation as described in subdivision
16 one-b of this section.
17 (c) Notwithstanding subdivisions one and two of this section and
18 section six hundred fifty-three of this article, the wage for an employ-
19 ee who is a food service worker or service employee receiving tips and
20 paid pursuant to the provisions of 12 NYCRR part 146 shall be, for each
21 hour worked outside the city of New York and the counties of Nassau,
22 Suffolk and Westchester, a cash wage of not less than:
23 $11.50 per hour on and after January 1, 2024;
24 $13.00 per hour on and after January 1, 2025;
25 $14.50 per hour on and after January 1, 2026;
26 $16.00 per hour on and after January 1, 2027, and beginning on January
27 first, two thousand twenty-eight, a cash wage rate established by the
28 commissioner annually, indexed to inflation as described in subdivision
29 one-b of this section.
30 (d) Notwithstanding subdivisions one and two of this section, the wage
31 for an employee who is a miscellaneous industry worker receiving tips
32 and paid pursuant to the provisions of 12 NYCRR part 142 shall be for
33 each hour worked in the city of New York, a cash wage of not less than
34 the cash wage rate as described in paragraph (a) of subdivision one-a of
35 this section.
36 (e) Notwithstanding subdivisions one and two of this section, the wage
37 for an employee who is a miscellaneous industry worker receiving tips
38 and paid pursuant to the provisions of 12 NYCRR part 142 shall be for
39 each hour worked in the counties of Nassau, Suffolk and Westchester, a
40 cash wage of not less than the cash wage rate as described in paragraph
41 (b) of subdivision one-a of this section.
42 (f) Notwithstanding subdivisions one and two of this section, the wage
43 for an employee who is a miscellaneous industry worker receiving tips
44 and paid pursuant to the provisions of 12 NYCRR part 142 shall be for
45 each hour worked outside the city of New York and the counties of
46 Nassau, Suffolk and Westchester, a cash wage of not less than the cash
47 wage rate as described in paragraph (c) of subdivision one-a of this
48 section.
49 § 4. Subdivision 2 of section 653 of the labor law, as added by chap-
50 ter 14 of the laws of 2000, is amended to read as follows:
51 (2) The commissioner shall, within six months after enactment of any
52 change in the statutory minimum wage set forth in subdivision one of
53 section six hundred fifty-two of this article, appoint a wage board to
54 inquire and report and recommend any changes to wage orders governing
55 wages payable to food service workers. Such wage board shall be estab-
56 lished consistent with the provisions of subdivision one of section six
S. 5567--A 4
1 hundred fifty-five of this article, except the representatives of the
2 employees shall be selected upon the nomination of the state American
3 Federation of Labor/Congress of Industrial Organizations; and provided,
4 further, that the representatives of the employers shall be selected
5 upon the nomination of the New York State Business Council. [Any wage
6 order authorizing a lesser wage than the previously and statutorily
7 mandated minimum wage for such employees shall be reviewed by the wage
8 board to ascertain at what level such wage order is sufficient to
9 provide adequate maintenance and to protect the health and livelihood of
10 employees subject to such a wage order after a statutory increase in the
11 mandated minimum wage] Notwithstanding section six hundred fifty-five of
12 this article, a wage order under this subdivision shall not authorize a
13 lesser wage than the previously and statutorily mandated minimum wage
14 for such employees.
15 § 5. Severability clause. If any clause, sentence, paragraph, subdivi-
16 sion, section or part of this act shall be adjudged by any court of
17 competent jurisdiction to be invalid, such judgment shall not affect,
18 impair, or invalidate the remainder of this act, but shall be confined
19 in its operation to the clause, sentence, paragraph, subdivision,
20 section or part of this act directly involved in the controversy in
21 which such judgment shall have been rendered. It is hereby declared to
22 be the intent of the legislature that this act would have been enacted
23 even if such invalid clause, sentence, paragraph, subdivision, section
24 or part of this act had not been included herein.
25 § 6. This act shall take effect immediately.
