NY State Senate Bill 2023-S8200

Senate Bill S8200

2023-2024 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

Current Bill Status - In Senate Committee Labor 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

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 12, 2024	referred to labor

2023-S8200 (ACTIVE) - Details

See Assembly Version of this Bill:: A3041
Current Committee:: Senate Labor
Law Section:: Labor Law
Laws Affected:: Add §652-a, Lab L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S8709, A10683
2021-2022: S4175, A936

2023-S8200 (ACTIVE) - Summary

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

2023-S8200 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8200

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.

2023-S8200 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8200
 
                             I N  S E N A T E
 
                             January 12, 2024
                                ___________
 
 Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Labor
 
 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.
                                                            LBD03704-01-3

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