A04547 Summary:

BILL NOA04547
 
SAME ASNo Same As
 
SPONSORRodriguez
 
COSPNSR
 
MLTSPNSR
 
Amd §652, Lab L
 
Aligns minimum wages of service workers receiving tips, including employees who are resort service workers, with the statewide minimum wage requirement beginning in January 2023.
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A04547 Actions:

BILL NOA04547
 
02/04/2021referred to labor
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A04547 Committee Votes:

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A04547 Floor Votes:

There are no votes for this bill in this legislative session.
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A04547 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A4547
 
SPONSOR: Rodriguez
  TITLE OF BILL: An act to amend the labor law, in relation to the minimum wage for service workers receiving tips   PURPOSE OR GENERAL IDEA OF BILL: The purpose of this bill is to bring tipped service workers minimum pay into line with the statewide minimum wage so that all workers who do their job are guaranteed a fair wage.   SUMMARY OF SPECIFIC PROVISIONS: Sections 1 and 2 amend labor law to align minimum wages of services workers receiving tips, including employees who are resort service work- ers, with the statewide minimum wage requirement beginning in January 2021. Amendment S652 Lab L Aligns minimum wages of service workers receiving tips, including employees who are resort service workers.   JUSTIFICATION: As it stands today, the statewide minimum wage in New York is $8 per hour. The minimum wage tipped food service workers is $5 per hour and $5.65 per hour for service employees. Workers are expected to make up the difference between their hourly pay and the statewide minimum wage through tips. If they do not reach that minimum wage, employers are required to pay the difference. Nevertheless, troubling reports show that employers do not always Okay the difference, and tipped service workers are often toiling in poverty. According to a Community Service Society report, in New York City and state, tipped workers are more than twice as likely to live in poverty compared to non-tipped workers. Thirty percent of tipped workers in the state make $8.88 per hour. At that wage, a full-time, year-round worker would earn just under $18,500 annually. These tipped workers, skating by at or below the poverty line, rely heavily on public benefit programs provided by the state. The result of their reliance on public programs is a shifting of labor costs from employers onto taxpayers. This bill seeks to align tipped workers' wages with the minimum wage required by the state. The result will ensure that everyone who does a job is paid a fair wage.   PRIOR LEGISLATIVE HISTORY: A 4326 OF 2016 A831 2017/18 referred to labor   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: This act shall take effect immediately
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A04547 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4547
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 4, 2021
                                       ___________
 
        Introduced  by  M.  of  A.  RODRIGUEZ  --  read once and referred to the
          Committee on Labor
 
        AN ACT to amend the labor law, in  relation  to  the  minimum  wage  for
          service workers receiving tips
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Subdivision 4 of section 652 of the labor law,  as  amended
     2  by  section 2 of part K of chapter 54 of the laws of 2016, is amended to
     3  read as follows:
     4    4. Notwithstanding subdivisions one and two of this section, the  wage
     5  for  an  employee who is a food service worker receiving tips shall be a
     6  cash wage of at least two-thirds of the minimum wage rates set forth  in
     7  subdivision  one  of  this section, rounded to the nearest five cents or
     8  seven dollars and fifty cents, whichever is higher[, provided  that  the
     9  tips  of such an employee, when added to such cash wage, are equal to or
    10  exceed]; and equal to the minimum wage in effect pursuant to subdivision
    11  one of this section [and provided further that no  other  cash  wage  is
    12  established pursuant to section six hundred fifty-three of this article]
    13  on or after January first, two thousand twenty-three.
    14    §  2. Section 652 of the labor law is amended by adding a new subdivi-
    15  sion 3-a to read as follows:
    16    3-a. Notwithstanding subdivisions one and two  of  this  section,  the
    17  wage  for an employee who is a service worker, including an employee who
    18  is a resort service worker, receiving tips shall be a cash wage equal to
    19  the minimum wage in effect pursuant to subdivision one of  this  section
    20  on or after January first, two thousand twenty-three.
    21    § 3. This act shall take effect immediately.
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03053-01-1
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