S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3744
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 28, 2021
                                ___________
 
 Introduced  by M. of A. VANEL -- read once and referred to the Committee
   on Labor
 
 AN ACT establishing the New York state food service workers compensation
   task force
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  1. The department of labor is hereby authorized to estab-
 lish the New York state food service workers compensation task force  to
 provide the governor and the legislature with information on the compen-
 sation  of  food  service workers, specifically tipped wages, within the
 state of New York. For purposes of this act, "food service worker" shall
 mean any employee primarily engaged in the serving of food or  beverages
 to  guests,  patrons or customers in the hotel or restaurant industries,
 including, but not limited to,  wait  staff,  bartenders,  captains  and
 bussing  personnel;  and  who  regularly  receive tips from such guests,
 patrons or customers.
   2. The task force shall be comprised of:
   a. two members appointed by the governor;
   b. two members appointed by the temporary president of the senate;
   c. two members appointed by the speaker of the assembly;
   d. one member appointed by the minority leader of the senate;
   e. one member appointed by the minority leader of the assembly; and
   f. two members appointed by the  commissioner  of  the  department  of
 labor.
   3. The task force shall:
   a.  study  the  amount  of compensation an average food service worker
 makes per hour regardless of the source, including but not  limited  to,
 hourly wage, salary and/or tips;
   b. determine what the average hourly wage for a food service worker is
 including  tips  and not including tips, based on the geographical areas
 set forth under section 652 of the labor law;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD03074-01-1

 A. 3744                             2
 
   c. study how New York food service  employers  allocate  tips  whether
 through a tip pool, individual tips or through other means and how hour-
 ly wages/salaries are determined based on the allocation of such tips;
   d.  determine  if  mandated  procedures  are necessary to regulate the
 payment of tipped food service workers and if so, what  such  procedures
 would include; and
   e. study any other issue such task force deems relevant.
   4. Such task force shall collaborate with any necessary state and city
 of New York agencies.
   5. The department of labor shall submit a report, on or before January
 1,  2023,  to  the governor and the legislature of its findings, conclu-
 sions and recommendations,  and  legislative  and  regulatory  proposals
 deemed necessary to implement such recommendations.
   § 2. This act shall take effect immediately.