S05176 Summary:
| BILL NO | S05176 |
| SAME AS | No Same As |
| SPONSOR | COMRIE |
| 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. | |
S05176 Text:
Go to topSTATE OF NEW YORK ________________________________________________________________________ 5176 2025-2026 Regular Sessions IN SENATE February 19, 2025 ___________ Introduced by Sen. COMRIE -- 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 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 their shift, the 6 wages of such employee shall be subject to no tip credit for the time 7 working at the non-tipped occupation during that day. A food service 8 worker's customary side work that is ancillary to their occupation and 9 which is regularly and customarily performed as part of their regular 10 job duties shall not be considered work at a non-tipped occupation. If 11 an employee for whom an employer improperly takes a tip credit partic- 12 ipates in a tip pool with employees for whom a tip credit is properly 13 taken, the employer shall only be liable to the employee for whom the 14 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. LBD06059-01-5