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.