S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6203
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 27, 2017
                                ___________
 
 Introduced by M. of A. JAFFEE -- 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:
 
   Section 1. Subdivision 2 of section 652 of the labor law,  as  amended
 by chapter 38 of the laws of 1990, is amended to read as follows:
   2.  Existing  wage  orders.  The  minimum wage orders in effect on the
 effective date of this act shall remain in full force and effect, except
 as modified in accordance with the provisions of this article.
   Such minimum wage orders shall be  modified  by  the  commissioner  to
 increase  all  monetary amounts specified therein in the same proportion
 as the increase in the hourly minimum wage as  provided  in  subdivision
 one  of  this  section,  including the amounts specified in such minimum
 wage orders as allowances for gratuities,  and  when  furnished  by  the
 employer  to  its  employees, for meals, lodging, apparel and other such
 items, services and facilities, EXCEPT THAT THE  HOURLY  CASH  WAGE  FOR
 FOOD SERVICE WORKERS AND SERVICE EMPLOYEES WHO RECEIVE TIPS SHALL NOT BE
 LESS  THAN THE CASH WAGE AS PROVIDED IN SUBDIVISION FOUR OF THIS SECTION
 AND THE MAXIMUM CREDIT FOR TIPS IN MINIMUM WAGE ORDERS SHALL BE MODIFIED
 SO THAT SUCH CREDIT, WHEN COMBINED WITH THIS CASH WAGE, IS EQUAL TO  THE
 MINIMUM  WAGE. All amounts so modified shall be rounded off to the near-
 est five cents. The modified orders shall be promulgated by the  commis-
 sioner  without a public hearing, and without reference to a wage board,
 and shall become effective on the effective date of  such  increases  in
 the  minimum  wage  except  as  otherwise  provided in this subdivision,
 notwithstanding any other provision of this article.
   § 2. Subdivision 4 of section 652 of the  labor  law,  as  amended  by
 section  2  of  part  K of chapter 54 of the laws of 2016, is amended to
 read as follows:

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09902-01-7
              

 A. 6203                             2
 
   4. Notwithstanding subdivisions one and two of this section, the  wage
 for  an  employee who is a food service worker receiving tips shall be a
 cash wage of at least two-thirds of the minimum wage rates set forth  in
 subdivision  one  of  this section, rounded to the nearest five cents or
 seven  dollars  and  fifty cents, whichever is higher, provided that the
 tips of such an employee, when added to such cash wage, are equal to  or
 exceed  the  minimum  wage in effect pursuant to subdivision one of this
 section and provided further that no  other  cash  wage  is  established
 pursuant to section six hundred fifty-three of this article, EXCEPT THAT
 ANY CASH WAGE ESTABLISHED PURSUANT TO SECTION SIX HUNDRED FIFTY-THREE OF
 THIS  ARTICLE  SHALL  NOT BE LESS THAN THE CASH WAGE ESTABLISHED BY THIS
 SUBDIVISION.
   (A) NOTWITHSTANDING SUBDIVISIONS ONE  AND  TWO  OF  THIS  SECTION  AND
 SECTION SIX HUNDRED FIFTY-THREE OF THIS ARTICLE, THE WAGE FOR AN EMPLOY-
 EE  WHO  IS A FOOD SERVICE WORKER OR SERVICE EMPLOYEE RECEIVING TIPS AND
 PAID IN ACCORDANCE WITH PART 146 OF TITLE  12  OF  THE  NEW  YORK  STATE
 COMPILATION  OF  CODES,  RULES  AND  REGULATIONS SHALL BE, FOR EACH HOUR
 WORKED IN THE CITY OF NEW YORK, A CASH WAGE OF NOT LESS THAN:
   $9.00 PER HOUR ON AND AFTER DECEMBER 31, 2017;
   $10.50 PER HOUR ON AND AFTER DECEMBER 31, 2018;
   $12.00 PER HOUR ON AND AFTER DECEMBER 31, 2019;
   $13.50 PER HOUR ON AND AFTER DECEMBER 31, 2020;
   $15.00 PER HOUR ON AND AFTER DECEMBER 31, 2021.
 BEGINNING ON DECEMBER THIRTY-FIRST, TWO THOUSAND  TWENTY-TWO,  THE  CASH
 WAGE PAYABLE TO A FOOD SERVICE WORKER OR SERVICE WORKER UNDER THIS PARA-
 GRAPH  SHALL BE NOT LESS THAN THE WAGE ESTABLISHED PURSUANT TO PARAGRAPH
 (A) OF SUBDIVISION ONE OF THIS SECTION.
   (B) NOTWITHSTANDING SUBDIVISIONS ONE  AND  TWO  OF  THIS  SECTION  AND
 SECTION SIX HUNDRED FIFTY-THREE OF THIS ARTICLE, THE WAGE FOR AN EMPLOY-
 EE  WHO  IS A FOOD SERVICE WORKER OR SERVICE EMPLOYEE RECEIVING TIPS AND
 PAID IN ACCORDANCE WITH PART 146 OF TITLE  12  OF  THE  NEW  YORK  STATE
 COMPILATION  OF  CODES,  RULES  AND  REGULATIONS SHALL BE, FOR EACH HOUR
 WORKED IN THE COUNTIES OF NASSAU, SUFFOLK AND WESTCHESTER, A  CASH  WAGE
 OF NOT LESS THAN:
   $8.00 PER HOUR ON AND AFTER DECEMBER 31, 2017;
   $9.50 PER HOUR ON AND AFTER DECEMBER 31, 2018;
   $11.00 PER HOUR ON AND AFTER DECEMBER 31, 2019;
   $13.00 PER HOUR ON AND AFTER DECEMBER 31, 2020;
   $15.00 PER HOUR ON AND AFTER DECEMBER 31, 2021.
 BEGINNING  ON  DECEMBER  THIRTY-FIRST, TWO THOUSAND TWENTY-TWO, THE CASH
 WAGE PAYABLE TO A FOOD SERVICE WORKER OR SERVICE WORKER UNDER THIS PARA-
 GRAPH SHALL BE NOT LESS THAN THE WAGE ESTABLISHED PURSUANT TO  PARAGRAPH
 (B) OF SUBDIVISION ONE OF THIS SECTION.
   (C)  NOTWITHSTANDING  SUBDIVISIONS  ONE  AND  TWO  OF THIS SECTION AND
 SECTION SIX HUNDRED FIFTY-THREE OF THIS ARTICLE, THE WAGE FOR AN EMPLOY-
 EE WHO IS A FOOD SERVICE WORKER OR SERVICE EMPLOYEE RECEIVING  TIPS  AND
 PAID  IN  ACCORDANCE  WITH  PART  146  OF TITLE 12 OF THE NEW YORK STATE
 COMPILATION OF CODES, RULES AND REGULATIONS  SHALL  BE,  FOR  EACH  HOUR
 WORKED  OUTSIDE THE CITY OF NEW YORK AND THE COUNTIES OF NASSAU, SUFFOLK
 AND WESTCHESTER, A CASH WAGE OF NOT LESS THAN:
   $8.00 PER HOUR ON AND AFTER DECEMBER 31, 2017;
   $9.25 PER HOUR ON AND AFTER DECEMBER 31, 2018;
   $10.50 PER HOUR ON AND AFTER DECEMBER 31, 2019;
   $11.50 PER HOUR ON AND AFTER DECEMBER 31, 2020;
   $12.50 PER HOUR ON AND AFTER DECEMBER 31, 2021.

 A. 6203                             3
 
 BEGINNING ON DECEMBER THIRTY-FIRST, TWO THOUSAND  TWENTY-TWO,  THE  CASH
 WAGE PAYABLE TO A FOOD SERVICE WORKER OR SERVICE WORKER UNDER THIS PARA-
 GRAPH  SHALL BE NOT LESS THAN THE WAGE ESTABLISHED PURSUANT TO PARAGRAPH
 (C) OF SUBDIVISION ONE OF THIS SECTION.
   §  3. Subdivision 2 of section 653 of the labor law, as added by chap-
 ter 14 of the laws of 2000, is amended to read as follows:
   (2) The commissioner shall, within six months after enactment  of  any
 change  in  the  statutory  minimum wage set forth in subdivision one of
 section six hundred fifty-two of this article, appoint a wage  board  to
 inquire  and  report  and recommend any changes to wage orders governing
 wages payable to food service workers. Such wage board shall  be  estab-
 lished  consistent with the provisions of subdivision one of section six
 hundred fifty-five of this article, except the  representatives  of  the
 employees  shall  be  selected upon the nomination of the state American
 Federation of Labor/Congress of Industrial Organizations; and  provided,
 further,  that  the  representatives  of the employers shall be selected
 upon the nomination of the New York State Business  Council.  [Any  wage
 order  authorizing  a  lesser  wage  than the previously and statutorily
 mandated minimum wage for such employees shall be reviewed by  the  wage
 board  to  ascertain  at  what  level  such  wage order is sufficient to
 provide adequate maintenance and to protect the health and livelihood of
 employees subject to such a wage order after a statutory increase in the
 mandated minimum wage.] NOTWITHSTANDING SECTION SIX  HUNDRED  FIFTY-FIVE
 OF THIS ARTICLE, A WAGE ORDER UNDER THIS SUBDIVISION SHALL NOT AUTHORIZE
 A  LESSER WAGE THAN THE PREVIOUSLY AND STATUTORILY MANDATED MINIMUM WAGE
 FOR SUCH EMPLOYEES.
   § 4. This act shall take effect immediately.