S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2198

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 15, 2015
                               ___________

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:

  Section 1. The opening paragraph of paragraph (a) of subdivision 1  of
section  215  of the labor law, as amended by chapter 564 of the laws of
2010, is amended to read as follows:
  No employer or his or her agent, or the officer or agent of any corpo-
ration, partnership, or limited liability company, or any other  person,
shall discharge, threaten, penalize, or in any other manner discriminate
or  retaliate  against any employee (i) because such employee has made a
complaint to his or her employer, or to the commissioner or his  or  her
authorized  representative,  or  to  the  attorney  general or any other
person, that the employer has engaged  in  conduct  that  the  employee,
reasonably  and  in  good faith, believes violates any provision of this
chapter, or any order issued  by  the  commissioner  (ii)  because  such
employer  or  person believes that such employee has made a complaint to
his or her employer, or to the commissioner or  his  or  her  authorized
representative,  or to the attorney general, or to any other person that
the employer has violated any provision of this chapter,  or  any  order
issued  by the commissioner (iii) because such employee has caused to be
instituted or is about to institute a proceeding  under  or  related  to
this  chapter, or (iv) because such employee has provided information to
the commissioner or his or her authorized representative or the attorney
general, or (v) because such employee  has  testified  or  is  about  to
testify  in  an  investigation or proceeding under this chapter, or (vi)
because such employee has otherwise  exercised  rights  protected  under
this  chapter,  or  (vii)  because  the employer has received an adverse
determination from the commissioner involving the  employee,  OR  (VIII)
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.
                                                           LBD05948-01-5
              

A. 2198                             2

BECAUSE SUCH EMPLOYEE IN GOOD FAITH REPORTS ACTUAL  GRATUITIES  RECEIVED
WHICH  ARE  INSUFFICIENT  TO PERMIT THE EMPLOYER TO CLAIM ALLOWANCES FOR
GRATUITIES.
  S  2.  Subdivision  2  of  section 662 of the labor law, as amended by
chapter 564 of the laws of 2010, is amended to read as follows:
  2. Failure to keep records. Any employer or his or her agent,  or  the
officer  or  agent of any corporation, partnership, or limited liability
company, who fails to keep the records required under this article or to
furnish such records or any information required to be  furnished  under
this article to the commissioner or his or her authorized representative
upon  request,  or  who hinders or delays the commissioner or his or her
authorized representative in the performance of his or her duties in the
enforcement of this article, or refuses to admit the commissioner or his
or her authorized representative to any place of employment,  or  falsi-
fies  any  such  records,  OR  INSTRUCTS  AN EMPLOYEE TO FALSIFY RECORDS
INCLUDING RECORDS OF GRATUITIES RECEIVED, OR THREATENS TO  RETALIATE  OR
RETALIATES  AGAINST  AN EMPLOYEE IF HE OR SHE REFUSES TO FALSIFY RECORDS
OF GRATUITIES RECEIVED OR HE OR SHE DOES NOT IN GOOD FAITH REPORT SUFFI-
CIENT GRATUITIES TO PERMIT THE EMPLOYER TO CLAIM ALLOWANCES FOR  GRATUI-
TIES,  or refuses to make such records accessible to the commissioner or
his or her authorized representative, or  refuses  to  furnish  a  sworn
statement  of  such  records  or  any other information required for the
proper enforcement of this article to the commissioner  or  his  or  her
authorized  representative,  shall  be  guilty of a misdemeanor and upon
conviction therefor shall be fined not less than five hundred  nor  more
than  five  thousand  dollars  or imprisoned for not more than one year,
and, in the event that any second or subsequent  offense  occurs  within
six years of the date of conviction for a prior offense, shall be guilty
of  a  felony  for the second or subsequent offense, and upon conviction
therefor, shall be fined not less than five hundred nor more than twenty
thousand dollars or imprisoned for not more than one year plus one  day,
or  punished  by both such fine and imprisonment, for each such offense.
Each day's failure to keep the records requested under this  article  or
to furnish such records or information to the commissioner or his or her
authorized representative shall constitute a separate offense.
  S 3. This act shall take effect immediately.