A09948 Summary:

BILL NO    A09948 

SAME AS    No same as 

SPONSOR    Rules (Mosley)

COSPNSR    Clark, O'Donnell, Gottfried, Colton, Rosenthal, Jaffee, Otis, Camara,
           Benedetto, Hooper, Brennan, Cook, Heastie, Rivera

MLTSPNSR   

Amd SS215 & 662, Lab L

Relates to the reporting of gratuities.
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A09948 Actions:

BILL NO    A09948 

06/02/2014 referred to labor
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A09948 Votes:

There are no votes for this bill in this legislative session.
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A09948 Memo:

BILL NUMBER:A9948

TITLE OF BILL:  An act to amend the labor law, in relation to
reporting of gratuities

PURPOSE OR GENERAL IDEA OF BILL: To ensure the protection of tipped
wage earners against retaliation from employers

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 Amends NYS Labor Law Article 7 (General Provisions) S 215.
Penalties and civil action; prohibited retaliation. This amendment
would seek to prohibit employees from retaliating against employees
who refuse to falsify tipped income reports or report to the Labor
department.

Section 2 amends NYS Labor Law Article 19 (Minimum Wage Act) S 662.
Penalties. This amendment would enact penalties on any employer who
forces their employee to falsify tipped wage report in the form of
monetary fees.

JUSTIFICATION: The measure would provide protection for tipped wage
workers against employers who force their employees to falsify tipped
income records.

In New York State, employees in a number of service industries are not
mandated to be paid full minimum wage - so long as their weekly tip
income is able to compensate. These tips to workers are documented and
businesses report them to the labor department to comply with existing
state law. This is called tip accreditation. Too often workers are
misclassified as tipped employees and are forced to falsify reported
tipped income so businesses do not have to pay the full minimum wage.

These amendments seek to strengthen protections for the wage earners
of New York State and protect against wage theft and worker
misclassification.

PRIOR LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: Minimal.

EFFECTIVE DATE: This act shall take effect immediately.
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A09948 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         9948

                                 I N  A S S E M B L Y

                                     June 2, 2014
                                      ___________

       Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Mosley) --
         read once and referred to the Committee on Labor

       AN ACT to amend the labor law, in relation to reporting of gratuities

         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section  1. The opening paragraph of paragraph (a) of subdivision 1 of
    2  section 215 of the labor law, as added by chapter 564  of  the  laws  of
    3  2010, is amended to read as follows:
    4    No employer or his or her agent, or the officer or agent of any corpo-
    5  ration,  partnership, or limited liability company, or any other person,
    6  shall discharge, threaten, penalize, or in any other manner discriminate
    7  or retaliate against any employee (i) because such employee has  made  a
    8  complaint  to  his or her employer, or to the commissioner or his or her
    9  authorized representative, or to  the  attorney  general  or  any  other
   10  person,  that  the  employer  has  engaged in conduct that the employee,
   11  reasonably and in good faith, believes violates any  provision  of  this
   12  chapter,  or  any  order  issued  by  the commissioner (ii) because such
   13  employer or person believes that such employee has made a  complaint  to
   14  his  or  her  employer,  or to the commissioner or his or her authorized
   15  representative, or to the attorney general, or to any other person  that
   16  the  employer  has  violated any provision of this chapter, or any order
   17  issued by the commissioner (iii) because such employee has caused to  be
   18  instituted  or  is  about  to institute a proceeding under or related to
   19  this chapter, or (iv) because such employee has provided information  to
   20  the commissioner or his or her authorized representative or the attorney
   21  general,  or  (v)  because  such  employee  has testified or is about to
   22  testify in an investigation or proceeding under this  chapter,  or  (vi)
   23  because  such  employee  has  otherwise exercised rights protected under
   24  this chapter, or (vii) because the  employer  has  received  an  adverse
   25  determination  from  the  commissioner involving the employee, OR (VIII)
   26  BECAUSE SUCH EMPLOYEE REFUSES TO MISREPORT GRATUITIES RECEIVED, OR  (IX)
   27  BECAUSE  SUCH  EMPLOYEE IN GOOD FAITH REPORTS ACTUAL GRATUITIES RECEIVED
   28  WHICH ARE INSUFFICIENT TO PERMIT THE EMPLOYER TO  CLAIM  ALLOWANCES  FOR
   29  GRATUITIES.

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD15381-01-4
       A. 9948                             2

    1    S  2.  Subdivision  2  of  section 662 of the labor law, as amended by
    2  chapter 564 of the laws of 2010, is amended to read as follows:
    3    2.  Failure  to keep records. Any employer or his or her agent, or the
    4  officer or agent of any corporation, partnership, or  limited  liability
    5  company, who fails to keep the records required under this article or to
    6  furnish  such  records or any information required to be furnished under
    7  this article to the commissioner or his or her authorized representative
    8  upon request, or who hinders or delays the commissioner or  his  or  her
    9  authorized representative in the performance of his or her duties in the
   10  enforcement of this article, or refuses to admit the commissioner or his
   11  or  her  authorized representative to any place of employment, or falsi-
   12  fies any such records, OR  INSTRUCTS  AN  EMPLOYEE  TO  FALSIFY  RECORDS
   13  INCLUDING  RECORDS  OF GRATUITIES RECEIVED, OR THREATENS TO RETALIATE OR
   14  RETALIATES AGAINST AN EMPLOYEE IF HE OR SHE REFUSES TO  FALSIFY  RECORDS
   15  OF GRATUITIES RECEIVED OR HE OR SHE DOES NOT IN GOOD FAITH REPORT SUFFI-
   16  CIENT  GRATUITIES TO PERMIT THE EMPLOYER TO CLAIM ALLOWANCES FOR GRATUI-
   17  TIES, or refuses to make such records accessible to the commissioner  or
   18  his  or  her  authorized  representative,  or refuses to furnish a sworn
   19  statement of such records or any  other  information  required  for  the
   20  proper  enforcement  of  this  article to the commissioner or his or her
   21  authorized representative, shall be guilty of  a  misdemeanor  and  upon
   22  conviction  therefor  shall be fined not less than five hundred nor more
   23  than five thousand dollars or imprisoned for not  more  than  one  year,
   24  and,  in  the  event that any second or subsequent offense occurs within
   25  six years of the date of conviction for a prior offense, shall be guilty
   26  of a felony for the second or subsequent offense,  and  upon  conviction
   27  therefor, shall be fined not less than five hundred nor more than twenty
   28  thousand  dollars or imprisoned for not more than one year plus one day,
   29  or  punished  by  both  such  fine  and  imprisonment,  for  each   such
   30  offense.Each  day's  failure  to  keep  the records requested under this
   31  article or to furnish such records or information to the commissioner or
   32  his  or  her  authorized  representative  shall  constitute  a  separate
   33  offense.
   34    S 3. This act shall take effect immediately.
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