S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1240
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             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:
 
   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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04774-01-9

              

 A. 1240                             2
 
   §  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:
   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, 2019;
   $10.50 PER HOUR ON AND AFTER DECEMBER 31, 2020;
   $12.00 PER HOUR ON AND AFTER DECEMBER 31, 2021;
   $13.50 PER HOUR ON AND AFTER DECEMBER 31, 2022;
   $15.00 PER HOUR ON AND AFTER DECEMBER 31, 2023.
 BEGINNING ON DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-FOUR,  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, 2019;
   $9.50 PER HOUR ON AND AFTER DECEMBER 31, 2020;
   $11.00 PER HOUR ON AND AFTER DECEMBER 31, 2021;
   $13.00 PER HOUR ON AND AFTER DECEMBER 31, 2022;
   $15.00 PER HOUR ON AND AFTER DECEMBER 31, 2023.
 BEGINNING  ON  DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-FOUR, 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, 2019;
   $9.25 PER HOUR ON AND AFTER DECEMBER 31, 2020;
   $10.50 PER HOUR ON AND AFTER DECEMBER 31, 2021;

 A. 1240                             3
 
   $11.50 PER HOUR ON AND AFTER DECEMBER 31, 2022;
   $12.50 PER HOUR ON AND AFTER DECEMBER 31, 2023.
 BEGINNING  ON  DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-FOUR, 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.