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S2541Senate2015-2016 Session

Requires car wash workers to be paid the minimum wage without allowance for gratuities

Sponsor Jesse HamiltonSD-20+3 co-sponsorsAffects Economy
Status
In Senate Committee
Labor
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Labor

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Who cares

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Sponsors

Primary sponsor
Jesse Hamilton

Senator · Senate District 20

History

  1. Referred to labor
  2. Referred to labor

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

BILL NUMBER:S2541

Title of bill

An act to amend the labor law, in relation to the payment of the minimum wage to car wash workers

Purpose

Requires car wash workers to be paid the minimum wage without allowance for gratuities.

Summary of provisions

Section 1. Section 651 of the labor law is amended by adding a new subdivision 10 to read as follows: 10. "Car wash worker" means any employee primarily engaged in the washing, vacuuming or general cleaning of motor vehicles. "Car wash worker" shall not include volunteers engaged in the washing of cars for fund raising or other charitable purpose.

§ 2. Section 652 of the labor law is amended by adding a new subdivision 7 to read to follows: 7. Notwithstanding any provision of this article relating to the inclusion of an allowance for gratuities in the determination of the minimum wage, an employee who is a car wash worker shall receive the minimum wage set forth in subdivision one of this section with no such allowance for gratuities.

Existing law

New

Justification

At a time when we are fighting to raise minimum wage for the working poor in our state, it is hard to fathom that there are people out there attempting to survive off of less than the state's minimum, in areas where minimum wage jobs cause homelessness and hunger. It is time to not only create a wage that makes it possible for our families to live. We must also make sure that all occupations are considered and encompassed in that change.

Eight workers at the Vegas Auto Spa on Seventh Ave. in Park Slope say they were paid less than minimum wage - sometimes as little as $4.50 an hour - and didn't get overtime for working as much as 90 hours a week ( NY Daily News 10/7/14)

"On busy days we wash between 500 and 800 cars," he says. "I used to work 60 to 84 hours a week, seven days a week, at least 12 hours a day. When I first started at Hi-Tek in 2008, I made $5 an hour, flat, plus tips. In 2010 it was raised to $5.50 and in January of this year it went up to $5.65. Until January we never got paid overtime. We don't get paid holidays, vacation, or sick days. We rarely get more than a couple of minutes to eat lunch, have coffee or a snack. On a good day I get $30 in tips but most days I get only $10 ( Brooklynrail.org - 09/3/12)

Former Carwasher at Hi-Tek for five years but left this March because he couldn't make ends meet earning $5.25 an hour with little tips. (Nycommunities.org 06/27/12)

The going hourly wage is $5.50 in the car-wash industry--the tipped minimum wage--and shifts often last up to 12 hours. ( socialistworker.org )

Broadway Bridge Car Wash Some of the workers earned as little as $3.75 an hour when the minimum wage was $6.75 and $4.00 when it was $7.15. They took home as little as $270 a week and were often forced to share tips with non-service employees. (http:// www.crainsnewyork.com/) Report by the NYS Labor Law Summary for Carwashes

Legislative history

New

Fiscal implications

None

Local fiscal implications

None

Effective date

This act shall take effect on the thirtieth day after it shall have become law.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.