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A1475Assembly2019-2020 Session

Protect Food Service Tip Credit

Official title

“Prohibits any authorization to preempt, alter or supersede the prohibition against wage boards amending, altering or eliminating the food service tip credit”

Sponsor Carrie WoernerAD-113+6 co-sponsorsAffects Economy
Status
In Assembly Committee
Labor
Impact
4/10
Low
Passage
0%

Bill progress

Step 2 of 7

In committee · Labor

What's happening

This bill prohibits the Department of Labor from changing or eliminating the food service tip credit through wage board action.

Why it matters

  1. Protects the current tip credit system. By blocking the Department of Labor from making changes through wage boards, this bill maintains the existing arrangement where employers can count tips toward meeting minimum wage for food service workers.

  2. Limits regulatory flexibility. The bill removes a tool (wage boards) that could be used to respond quickly to changing economic conditions or labor concerns in the restaurant industry, potentially making it harder to adjust worker compensation policies in the future.

  3. Impacts worker wages and business costs. Keeping the tip credit in place may benefit restaurant owners by keeping labor costs lower, but it also means tipped workers may not see an increase in their base wages if future boards wanted to raise or eliminate the tip credit.

  4. Signals legislative intent. The bill reinforces legislative—not administrative—control over tip credit policy, making it clear that any changes to this system must occur through new laws rather than regulatory action.

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Who cares

Headline styles

Protect Food Service Tip Credit

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Carrie Woerner

Assembly Member · Assembly District 113

Chair, Racing and Wagering

History

  1. Referred to labor
  2. Referred to labor

Full text

1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

1475

2019-2020 Regular Sessions

IN ASSEMBLY

January 15, 2019

Introduced by M. of A. WOERNER -- Multi-Sponsored by -- M. of A. GUNTHER, HAWLEY, JONES, KOLB, MORINELLO, PHEFFER AMATO, STEC, VANEL -read once and referred to the Committee on Labor

AN ACT to prohibit any authorization to preempt, alter or supersede the prohibition against wage boards amending, altering or eliminating the food service tip credit

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Notwithstanding any other law, neither the commissioner of labor nor the department of labor shall be authorized to preempt, alter or supersede the provisions of section 4 of part K of chapter 54 of the laws of 2016 prohibiting a wage board from amending, altering or eliminating the food service tip credit.

§ 2. This act shall take effect immediately.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD01258-01-9

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

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