Relates to the minimum wage for certain employees who are food service workers or service employees receiving tips and paid in accordance with Part 146 of Title 12 of the NYCRR.
STATE OF NEW YORK
________________________________________________________________________
1760
2019-2020 Regular Sessions
IN SENATE
January 16, 2019
___________
Introduced by Sen. RAMOS -- 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 the minimum wage
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 2 of section 652 of the labor law, as amended
2 by chapter 38 of the laws of 1990, is amended to read as follows:
3 2. Existing wage orders. The minimum wage orders in effect on the
4 effective date of this act shall remain in full force and effect, except
5 as modified in accordance with the provisions of this article.
6 Such minimum wage orders shall be modified by the commissioner to
7 increase all monetary amounts specified therein in the same proportion
8 as the increase in the hourly minimum wage as provided in subdivision
9 one of this section, including the amounts specified in such minimum
10 wage orders as allowances for gratuities, and when furnished by the
11 employer to its employees, for meals, lodging, apparel and other such
12 items, services and facilities, except that the hourly cash wage for
13 food service workers and service employees who receive tips shall not be
14 less than the cash wage as provided in subdivision four of this section
15 and the maximum credit for tips in minimum wage orders shall be modified
16 so that such credit, when combined with this cash wage, is equal to the
17 minimum wage. All amounts so modified shall be rounded off to the near-
18 est five cents. The modified orders shall be promulgated by the commis-
19 sioner without a public hearing, and without reference to a wage board,
20 and shall become effective on the effective date of such increases in
21 the minimum wage except as otherwise provided in this subdivision,
22 notwithstanding any other provision of this article.
23 § 2. Subdivision 4 of section 652 of the labor law, as amended by
24 section 2 of part K of chapter 54 of the laws of 2016, is amended to
25 read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04774-01-9
S. 1760 2
1 4. Notwithstanding subdivisions one and two of this section, the wage
2 for an employee who is a food service worker receiving tips shall be a
3 cash wage of at least two-thirds of the minimum wage rates set forth in
4 subdivision one of this section, rounded to the nearest five cents or
5 seven dollars and fifty cents, whichever is higher, provided that the
6 tips of such an employee, when added to such cash wage, are equal to or
7 exceed the minimum wage in effect pursuant to subdivision one of this
8 section and provided further that no other cash wage is established
9 pursuant to section six hundred fifty-three of this article, except that
10 any cash wage established pursuant to section six hundred fifty-three of
11 this article shall not be less than the cash wage established by this
12 subdivision.
13 (a) Notwithstanding subdivisions one and two of this section and
14 section six hundred fifty-three of this article, the wage for an employ-
15 ee who is a food service worker or service employee receiving tips and
16 paid in accordance with Part 146 of Title 12 of the New York state
17 compilation of codes, rules and regulations shall be, for each hour
18 worked in the city of New York, a cash wage of not less than:
19 $9.00 per hour on and after December 31, 2019;
20 $10.50 per hour on and after December 31, 2020;
21 $12.00 per hour on and after December 31, 2021;
22 $13.50 per hour on and after December 31, 2022;
23 $15.00 per hour on and after December 31, 2023.
24 Beginning on December thirty-first, two thousand twenty-four, the cash
25 wage payable to a food service worker or service worker under this para-
26 graph shall be not less than the wage established pursuant to paragraph
27 (a) of subdivision one of this section.
28 (b) Notwithstanding subdivisions one and two of this section and
29 section six hundred fifty-three of this article, the wage for an employ-
30 ee who is a food service worker or service employee receiving tips and
31 paid in accordance with Part 146 of Title 12 of the New York state
32 compilation of codes, rules and regulations shall be, for each hour
33 worked in the counties of Nassau, Suffolk and Westchester, a cash wage
34 of not less than:
35 $8.00 per hour on and after December 31, 2019;
36 $9.50 per hour on and after December 31, 2020;
37 $11.00 per hour on and after December 31, 2021;
38 $13.00 per hour on and after December 31, 2022;
39 $15.00 per hour on and after December 31, 2023.
40 Beginning on December thirty-first, two thousand twenty-four, the cash
41 wage payable to a food service worker or service worker under this para-
42 graph shall be not less than the wage established pursuant to paragraph
43 (b) of subdivision one of this section.
44 (c) Notwithstanding subdivisions one and two of this section and
45 section six hundred fifty-three of this article, the wage for an employ-
46 ee who is a food service worker or service employee receiving tips and
47 paid in accordance with Part 146 of Title 12 of the New York state
48 compilation of codes, rules and regulations shall be, for each hour
49 worked outside the city of New York and the counties of Nassau, Suffolk
50 and Westchester, a cash wage of not less than:
51 $8.00 per hour on and after December 31, 2019;
52 $9.25 per hour on and after December 31, 2020;
53 $10.50 per hour on and after December 31, 2021;
54 $11.50 per hour on and after December 31, 2022;
55 $12.50 per hour on and after December 31, 2023.
S. 1760 3
1 Beginning on December thirty-first, two thousand twenty-four, the cash
2 wage payable to a food service worker or service worker under this para-
3 graph shall be not less than the wage established pursuant to paragraph
4 (c) of subdivision one of this section.
5 § 3. Subdivision 2 of section 653 of the labor law, as added by chap-
6 ter 14 of the laws of 2000, is amended to read as follows:
7 (2) The commissioner shall, within six months after enactment of any
8 change in the statutory minimum wage set forth in subdivision one of
9 section six hundred fifty-two of this article, appoint a wage board to
10 inquire and report and recommend any changes to wage orders governing
11 wages payable to food service workers. Such wage board shall be estab-
12 lished consistent with the provisions of subdivision one of section six
13 hundred fifty-five of this article, except the representatives of the
14 employees shall be selected upon the nomination of the state American
15 Federation of Labor/Congress of Industrial Organizations; and provided,
16 further, that the representatives of the employers shall be selected
17 upon the nomination of the New York State Business Council. [Any wage
18 order authorizing a lesser wage than the previously and statutorily
19 mandated minimum wage for such employees shall be reviewed by the wage
20 board to ascertain at what level such wage order is sufficient to
21 provide adequate maintenance and to protect the health and livelihood of
22 employees subject to such a wage order after a statutory increase in the
23 mandated minimum wage.] Notwithstanding section six hundred fifty-five
24 of this article, a wage order under this subdivision shall not authorize
25 a lesser wage than the previously and statutorily mandated minimum wage
26 for such employees.
27 § 4. This act shall take effect immediately.