BILL NUMBER: S4030

SPONSOR: RAMOS
 
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 employed 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:

"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 as follows:

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:

Car wash workers are among the "tipped workers" that have a base pay of
less than the minimum wage. Their tipped wage is set under NYS DOL
Miscellaneous Industries wage order.

For car wash workers in NYC, the tipped minimum wage could be either
$10.20, when tips are at least $3.30 per hour or $11.45, when tips are
at least $2.05 per hour, but less than $3.30 per hour for small employ-
ers, 10 or fewer employees.

For car wash workers in NYC, the tipped minimum wage could be either
$11.35, when tips are at least $3.65 per hour or $12.75, when tips are
at least $2.25 per hour, but less than $3.65 per hour for large employ-
ers, 11 or more employees.

For car wash workers in Long Island and Westchester County, the tipped
minimum wage could be either $9.05, when tips are at least $2.95 per
hour or $10.20, when tips are at least $1.80 per hour, but less than
$2.95 per hour.

For the remainder of New York State, the tipped minimum wage,could be
either $8.40, when tips are at least $2.70 per hour or $9.45, when tips
are at least $1.65 per hour, but less than $2.70 per hour.

 
JUSTIFICATION:

Minimum wage has been increased and will continue to increase in NYC to
$15 by the end of 2019. The minimum wage will increase to $15 an hour
for Long Island and Westchester County employees by the end of 2021. For
the rest of the state, including upstate counties, minimum wage will
rise to $12.50 by the end of 2020.

It is hard to fathom that there are people out there attempting to
survive off less than the state's minimum, in areas where even minimum
wage jobs may cause homelessness and hunger.

 
LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS:

None

 
LOCAL FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become law.