STATE OF NEW YORK ________________________________________________________________________ 1240 2019-2020 Regular Sessions IN ASSEMBLY January 14, 2019 ___________ Introduced by M. of A. JAFFEE, SIMON, ORTIZ, CAHILL, BARRON, RICHARDSON, GOTTFRIED, WALKER, ABINANTI, L. ROSENTHAL, HEVESI, SIMOTAS, COLTON, D'URSO, WEPRIN -- Multi-Sponsored by -- M. of A. COOK -- read once and referred 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. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04774-01-9

A. 1240 2 1 § 2. Subdivision 4 of section 652 of the labor law, as amended by 2 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 the minimum wage in effect pursuant to subdivision one of this 11 section and provided further that no other cash wage is established 12 pursuant to section six hundred fifty-three of this article, except that 13 any cash wage established pursuant to section six hundred fifty-three of 14 this article shall not be less than the cash wage established by this 15 subdivision. 16 (a) Notwithstanding subdivisions one and two of this section and 17 section six hundred fifty-three of this article, the wage for an employ- 18 ee who is a food service worker or service employee receiving tips and 19 paid in accordance with Part 146 of Title 12 of the New York state 20 compilation of codes, rules and regulations shall be, for each hour 21 worked in the city of New York, a cash wage of not less than: 22 $9.00 per hour on and after December 31, 2019; 23 $10.50 per hour on and after December 31, 2020; 24 $12.00 per hour on and after December 31, 2021; 25 $13.50 per hour on and after December 31, 2022; 26 $15.00 per hour on and after December 31, 2023. 27 Beginning on December thirty-first, two thousand twenty-four, the cash 28 wage payable to a food service worker or service worker under this para- 29 graph shall be not less than the wage established pursuant to paragraph 30 (a) of subdivision one of this section. 31 (b) Notwithstanding subdivisions one and two of this section and 32 section six hundred fifty-three of this article, the wage for an employ- 33 ee who is a food service worker or service employee receiving tips and 34 paid in accordance with Part 146 of Title 12 of the New York state 35 compilation of codes, rules and regulations shall be, for each hour 36 worked in the counties of Nassau, Suffolk and Westchester, a cash wage 37 of not less than: 38 $8.00 per hour on and after December 31, 2019; 39 $9.50 per hour on and after December 31, 2020; 40 $11.00 per hour on and after December 31, 2021; 41 $13.00 per hour on and after December 31, 2022; 42 $15.00 per hour on and after December 31, 2023. 43 Beginning on December thirty-first, two thousand twenty-four, the cash 44 wage payable to a food service worker or service worker under this para- 45 graph shall be not less than the wage established pursuant to paragraph 46 (b) of subdivision one of this section. 47 (c) Notwithstanding subdivisions one and two of this section and 48 section six hundred fifty-three of this article, the wage for an employ- 49 ee who is a food service worker or service employee receiving tips and 50 paid in accordance with Part 146 of Title 12 of the New York state 51 compilation of codes, rules and regulations shall be, for each hour 52 worked outside the city of New York and the counties of Nassau, Suffolk 53 and Westchester, a cash wage of not less than: 54 $8.00 per hour on and after December 31, 2019; 55 $9.25 per hour on and after December 31, 2020; 56 $10.50 per hour on and after December 31, 2021;

A. 1240 3 1 $11.50 per hour on and after December 31, 2022; 2 $12.50 per hour on and after December 31, 2023. 3 Beginning on December thirty-first, two thousand twenty-four, the cash 4 wage payable to a food service worker or service worker under this para- 5 graph shall be not less than the wage established pursuant to paragraph 6 (c) of subdivision one of this section. 7 § 3. Subdivision 2 of section 653 of the labor law, as added by chap- 8 ter 14 of the laws of 2000, is amended to read as follows: 9 (2) The commissioner shall, within six months after enactment of any 10 change in the statutory minimum wage set forth in subdivision one of 11 section six hundred fifty-two of this article, appoint a wage board to 12 inquire and report and recommend any changes to wage orders governing 13 wages payable to food service workers. Such wage board shall be estab- 14 lished consistent with the provisions of subdivision one of section six 15 hundred fifty-five of this article, except the representatives of the 16 employees shall be selected upon the nomination of the state American 17 Federation of Labor/Congress of Industrial Organizations; and provided, 18 further, that the representatives of the employers shall be selected 19 upon the nomination of the New York State Business Council. [~~Any wage~~ 20 ~~order authorizing a lesser wage than the previously and statutorily~~ 21 ~~mandated minimum wage for such employees shall be reviewed by the wage~~ 22 ~~board to ascertain at what level such wage order is sufficient to~~ 23 ~~provide adequate maintenance and to protect the health and livelihood of~~ 24 ~~employees subject to such a wage order after a statutory increase in the~~ 25 ~~mandated minimum wage.~~] Notwithstanding section six hundred fifty-five 26 of this article, a wage order under this subdivision shall not authorize 27 a lesser wage than the previously and statutorily mandated minimum wage 28 for such employees. 29 § 4. This act shall take effect immediately.

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