Establishes the New York state food service workers compensation task force to study the amount of compensation an average food service worker makes per hour regardless of the source, including but not limited to, hourly wage, salary and/or tips, how such tips are allocated and whether new procedures need to be created in order to better protect such workers.
STATE OF NEW YORK
________________________________________________________________________
1455
2019-2020 Regular Sessions
IN ASSEMBLY
January 15, 2019
___________
Introduced by M. of A. VANEL, JAFFEE, THIELE, PICHARDO, LIFTON, D'URSO,
JONES, COOK, BARRON, AUBRY, BLAKE, HYNDMAN -- Multi-Sponsored by -- M.
of A. RAMOS -- read once and referred to the Committee on Labor
AN ACT establishing the New York state food service workers compensation
task force
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. 1. The department of labor is hereby authorized to estab-
2 lish the New York state food service workers compensation task force to
3 provide the governor and the legislature with information on the compen-
4 sation of food service workers, specifically tipped wages, within the
5 state of New York. For purposes of this act, "food service worker" shall
6 mean any employee primarily engaged in the serving of food or beverages
7 to guests, patrons or customers in the hotel or restaurant industries,
8 including, but not limited to, wait staff, bartenders, captains and
9 bussing personnel; and who regularly receive tips from such guests,
10 patrons or customers.
11 2. The task force shall be comprised of:
12 a. two members appointed by the governor;
13 b. two members appointed by the temporary president of the senate;
14 c. two members appointed by the speaker of the assembly;
15 d. one member appointed by the minority leader of the senate;
16 e. one member appointed by the minority leader of the assembly; and
17 f. two members appointed by the commissioner of the department of
18 labor.
19 3. The task force shall:
20 a. study the amount of compensation an average food service worker
21 makes per hour regardless of the source, including but not limited to,
22 hourly wage, salary and/or tips;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01349-01-9
A. 1455 2
1 b. determine what the average hourly wage for a food service worker is
2 including tips and not including tips, based on the geographical areas
3 set forth under section 652 of the labor law;
4 c. study how New York food service employers allocate tips whether
5 through a tip pool, individual tips or through other means and how hour-
6 ly wages/salaries are determined based on the allocation of such tips;
7 d. determine if mandated procedures are necessary to regulate the
8 payment of tipped food service workers and if so, what such procedures
9 would include; and
10 e. study any other issue such task force deems relevant.
11 4. Such task force shall collaborate with any necessary state and city
12 of New York agencies.
13 5. The department of labor shall submit a report, on or before January
14 1, 2021, to the governor and the legislature of its findings, conclu-
15 sions and recommendations, and legislative and regulatory proposals
16 deemed necessary to implement such recommendations.
17 § 2. This act shall take effect immediately.