NY State Senate Bill 2019-S8709A

Senate Bill S8709A

2019-2020 Legislative Session

Relates to establishing when a tip credit applies to employees working at tipped and non-tipped occupations on the same day

download bill text pdf

Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Sep 25, 2020	print number 8709a
Sep 25, 2020	amend and recommit to rules
Jul 09, 2020	referred to rules

Bill Amendments

Original

A (Active)

2019-S8709 - Details

See Assembly Version of this Bill:: A10683
Current Committee:: Senate Rules
Law Section:: Labor Law
Laws Affected:: Add §652-a, Lab L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S4175, A936
2023-2024: S8200, A3041

2019-S8709 - Summary

Relates to establishing when a tip credit applies to employees working at tipped and non-tipped occupations on the same day.

2019-S8709 - Sponsor Memo

                                
 
BILL NUMBER: S8709

SPONSOR: COMRIE
 
TITLE OF BILL:

An act to amend the labor law, in relation to establishing when a tip
credit applies to employees working at tipped and non-tipped occupations
on the same day

 
PURPOSE OR GENERAL IDEA OF BILL:

To allow a New York restaurant employee greater flexibility to work in a
tipped and non-tipped capacity in the same shift.

 
SUMMARY OF PROVISIONS:

Section 1 allows employees to work in a tipped and non-tipped occupation
on the same day, so long as the employer does not take the tip credit
for the time worked in the non-tipped capacity, if it exceeds two hours
of a worker's shift; and

Section 2 states that should an error be made in taking the tip credit,
the employer shall be liable to the employee for whom the credit was
improperly taken.

 
JUSTIFICATION:

The 80/20 rule creates operating challenges for employers while limiting
income and growth opportunity for employees. With the State opening more
and more each month, restaurants are going to be required to reopen with
significant new safety measures and protocols, which will require an
unprecedented level of flexibility for employees. Unfortunately, the
80/20 rule limits what additional work a tipped, front of the house
employee can do - thereby limiting opportunities for additional income
or shifts.

Reforming this rule will allow flexibility for employees without the
risk of permanently shutting down a business, hurting the local economy,
and eliminating service jobs permanently.

 
PRIOR LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

N/A

 
EFFECTIVE DATE:
Immediate.

2019-S8709 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8709
 
                             I N  S E N A T E
 
                               July 9, 2020
                                ___________
 
 Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the labor law, in relation to establishing  when  a  tip
   credit  applies  to employees working at tipped and non-tipped occupa-
   tions on the same day
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The labor law is amended by adding a new section 652-a to
 read as follows:
   § 652-A. WORKING AT TIPPED AND NON-TIPPED OCCUPATIONS ON THE SAME DAY.
   1. ON ANY DAY THAT A SERVICE EMPLOYEE OR FOOD SERVICE WORKER WORKS  AT
 A  NON-TIPPED  OCCUPATION  FOR  MORE  THAN  TWENTY PERCENT OF HIS OR HER
 SHIFT, THE WAGES OF SUCH EMPLOYEE SHALL NOT BE SUBJECT TO A  TIP  CREDIT
 FOR  THE  TIME  HE OR SHE WORKS AT THE NON-TIPPED OCCUPATION DURING SUCH
 DAY. A FOOD SERVICE WORKER'S CUSTOMARY SIDE WORK THAT  IS  ANCILLARY  TO
 HIS  OR  HER OCCUPATION AND WHICH IS REGULARLY AND CUSTOMARILY PERFORMED
 AS PART OF HIS OR HER REGULAR JOB DUTIES  SHALL  BE  EXCLUDED  FROM  THE
 REQUIREMENTS  OF  THIS  SUBDIVISION IF SUCH SIDE WORK DOES NOT TAKE MORE
 THAN TWENTY PERCENT OF SUCH EMPLOYEE'S SHIFT.
   2. IF AN EMPLOYEE FOR WHOM AN EMPLOYER IMPROPERLY TAKES A  TIP  CREDIT
 PARTICIPATES IN A TIP POOL WITH EMPLOYEES FOR WHOM A TIP CREDIT IS PROP-
 ERLY  TAKEN,  THE EMPLOYER SHALL ONLY BE LIABLE TO THE EMPLOYEE FOR WHOM
 THE TIP CREDIT WAS IMPROPERLY TAKEN.
   § 2. This act shall take effect immediately.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD16689-01-0

2019-S8709A (ACTIVE) - Details

See Assembly Version of this Bill:: A10683
Current Committee:: Senate Rules
Law Section:: Labor Law
Laws Affected:: Add §652-a, Lab L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S4175, A936
2023-2024: S8200, A3041

2019-S8709A (ACTIVE) - Summary

Relates to establishing when a tip credit applies to employees working at tipped and non-tipped occupations on the same day.

2019-S8709A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8709A

SPONSOR: COMRIE
 
TITLE OF BILL:

An act to amend the labor law, in relation to establishing when a tip
credit applies to employees working at tipped and non-tipped occupations
on the same day

 
PURPOSE OR GENERAL IDEA OF BILL:

To allow a New York restaurant employee greater flexibility to work in a
tipped and non-tipped capacity in the same shift.

 
SUMMARY OF PROVISIONS:

Section 1 allows employees to work in a tipped and non-tipped occupation
on the same day, so long as the employer does not take the tip credit
for the time worked in the non-tipped capacity, if it exceeds twenty
percent of a worker's shift; the legislation further states that should
an error be made in taking the tip credit, the employer shall be liable

to the employee for whom the credit was improperly taken.

 
JUSTIFICATION:

The 80/20 rule creates operating challenges for employers while limiting
income and growth opportunity for employees.  With the State opening
more and more each month, restaurants are going to be required to reopen
with significant new safety measures and protocols, which will require
an unprecedented level of flexibility for employees. Unfortunately, the
80/20 rule limits what additional work a tipped, front of the house
employee can do - thereby limiting opportunities for additional income
or shifts.

Reforming this rule will allow flexibility for employees without the
risk of permanently shutting down a business, hurting the local economy,
and eliminating service jobs permanently.

 
PRIOR LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

N/A

 
EFFECTIVE DATE:
Immediate.

2019-S8709A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8709--A
 
                             I N  S E N A T E
 
                               July 9, 2020
                                ___________
 
 Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
   printed to be  committed  to  the  Committee  on  Rules  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN  ACT  to  amend the labor law, in relation to establishing when a tip
   credit applies to employees working at tipped and  non-tipped  occupa-
   tions on the same day

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The labor law is amended by adding a new section  652-a  to
 read as follows:
   § 652-A. WORKING AT TIPPED AND NON-TIPPED OCCUPATIONS ON THE SAME DAY.
 ON  ANY  DAY  THAT  A SERVICE EMPLOYEE OR FOOD SERVICE WORKER WORKS AT A
 NON-TIPPED OCCUPATION FOR MORE THAN TWENTY PERCENT OF HIS OR HER  SHIFT,
 THE  WAGES  OF  SUCH  EMPLOYEE SHALL BE SUBJECT TO NO TIP CREDIT FOR THE
 TIME WORKING AT THE  NON-TIPPED  OCCUPATION  DURING  THAT  DAY.  A  FOOD
 SERVICE  WORKER'S  CUSTOMARY  SIDE  WORK THAT IS ANCILLARY TO HIS OR HER
 OCCUPATION AND WHICH IS REGULARLY AND CUSTOMARILY PERFORMED AS  PART  OF
 HIS  OR  HER  REGULAR  JOB DUTIES SHALL NOT BE CONSIDERED WORK AT A NON-
 TIPPED OCCUPATION. IF AN EMPLOYEE FOR WHOM AN EMPLOYER IMPROPERLY  TAKES
 A  TIP  CREDIT  PARTICIPATES IN A TIP POOL WITH EMPLOYEES FOR WHOM A TIP
 CREDIT IS PROPERLY TAKEN, THE EMPLOYER  SHALL  ONLY  BE  LIABLE  TO  THE
 EMPLOYEE FOR WHOM THE TIP CREDIT WAS IMPROPERLY TAKEN.
   § 2. This act shall take effect immediately.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD16689-04-0

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.