New York State Assembly

Bill No.:  

 
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A03041 Summary:

BILL NO	A03041
SAME AS	SAME AS S08200
SPONSOR	Pheffer Amato
COSPNSR
MLTSPNSR
Add §652-a, Lab L
Establishes when a tip credit applies to employees working at tipped and non-tipped occupations on the same day.

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A03041 Actions:

BILL NO	A03041
02/02/2023	referred to labor
01/03/2024	referred to labor

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A03041 Committee Votes:

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A03041 Floor Votes:

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A03041 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3041
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 2, 2023
                                       ___________
 
        Introduced  by  M.  of A. PHEFFER AMATO -- read once and referred to the
          Committee on Labor
 
        AN ACT to amend the labor law, in relation to establishing  when  a  tip
          credit  applies  to employees working at tipped and non-tipped occupa-
          tions on the same day
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  The labor law is amended by adding a new section 652-a to
     2  read as follows:
     3    § 652-a. Working at tipped and non-tipped occupations on the same day.
     4  On any day that a service employee or food service  worker  works  at  a
     5  non-tipped  occupation for more than twenty percent of his or her shift,
     6  the wages of such employee shall be subject to no  tip  credit  for  the
     7  time  working  at  the  non-tipped  occupation  during  that day. A food
     8  service worker's customary side work that is ancillary  to  his  or  her
     9  occupation  and  which is regularly and customarily performed as part of
    10  his or her regular job duties shall not be considered  work  at  a  non-
    11  tipped  occupation. If an employee for whom an employer improperly takes
    12  a tip credit participates in a tip pool with employees for  whom  a  tip
    13  credit  is  properly  taken,  the  employer  shall only be liable to the
    14  employee for whom the tip credit was improperly taken.
    15    § 2. This act shall take effect immediately.
 
 
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03704-01-3

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