STATE OF NEW YORK ________________________________________________________________________ 2039 2017-2018 Regular Sessions IN ASSEMBLY January 17, 2017 ___________ Introduced by M. of A. MOSLEY -- read once and referred to the Committee on Labor AN ACT to amend the labor law, in relation to reporting of gratuities The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The opening paragraph of paragraph (a) of subdivision 1 of 2 section 215 of the labor law, as amended by chapter 564 of the laws of 3 2010, is amended to read as follows: 4 No employer or his or her agent, or the officer or agent of any corpo- 5 ration, partnership, or limited liability company, or any other person, 6 shall discharge, threaten, penalize, or in any other manner discriminate 7 or retaliate against any employee (i) because such employee has made a 8 complaint to his or her employer, or to the commissioner or his or her 9 authorized representative, or to the attorney general or any other 10 person, that the employer has engaged in conduct that the employee, 11 reasonably and in good faith, believes violates any provision of this 12 chapter, or any order issued by the commissioner (ii) because such 13 employer or person believes that such employee has made a complaint to 14 his or her employer, or to the commissioner or his or her authorized 15 representative, or to the attorney general, or to any other person that 16 the employer has violated any provision of this chapter, or any order 17 issued by the commissioner (iii) because such employee has caused to be 18 instituted or is about to institute a proceeding under or related to 19 this chapter, or (iv) because such employee has provided information to 20 the commissioner or his or her authorized representative or the attorney 21 general, or (v) because such employee has testified or is about to 22 testify in an investigation or proceeding under this chapter, or (vi) 23 because such employee has otherwise exercised rights protected under 24 this chapter, or (vii) because the employer has received an adverse 25 determination from the commissioner involving the employee, or (viii) 26 because such employee refuses to misreport gratuities received, or (ix) EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04013-01-7

A. 2039 2 1 because such employee in good faith reports actual gratuities received 2 which are insufficient to permit the employer to claim allowances for 3 gratuities. 4 § 2. Subdivision 2 of section 662 of the labor law, as amended by 5 chapter 564 of the laws of 2010, is amended to read as follows: 6 2. Failure to keep records. Any employer or his or her agent, or the 7 officer or agent of any corporation, partnership, or limited liability 8 company, who fails to keep the records required under this article or to 9 furnish such records or any information required to be furnished under 10 this article to the commissioner or his or her authorized representative 11 upon request, or who hinders or delays the commissioner or his or her 12 authorized representative in the performance of his or her duties in the 13 enforcement of this article, or refuses to admit the commissioner or his 14 or her authorized representative to any place of employment, or falsi- 15 fies any such records, or instructs an employee to falsify records 16 including records of gratuities received, or threatens to retaliate or 17 retaliates against an employee if he or she refuses to falsify records 18 of gratuities received or he or she does not in good faith report suffi- 19 cient gratuities to permit the employer to claim allowances for gratui- 20 ties, or refuses to make such records accessible to the commissioner or 21 his or her authorized representative, or refuses to furnish a sworn 22 statement of such records or any other information required for the 23 proper enforcement of this article to the commissioner or his or her 24 authorized representative, shall be guilty of a misdemeanor and upon 25 conviction therefor shall be fined not less than five hundred nor more 26 than five thousand dollars or imprisoned for not more than one year, 27 and, in the event that any second or subsequent offense occurs within 28 six years of the date of conviction for a prior offense, shall be guilty 29 of a felony for the second or subsequent offense, and upon conviction 30 therefor, shall be fined not less than five hundred nor more than twenty 31 thousand dollars or imprisoned for not more than one year plus one day, 32 or punished by both such fine and imprisonment, for each such offense. 33 Each day's failure to keep the records requested under this article or 34 to furnish such records or information to the commissioner or his or her 35 authorized representative shall constitute a separate offense. 36 § 3. This act shall take effect immediately.

Relates to the reporting of gratuities

What's Happening

Why It Matters