S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1200
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 9, 2025
                                ___________
 
 Introduced  by  M.  of  A.  GONZALEZ-ROJAS,  RAMOS,  ALVAREZ,  ANDERSON,
   BICHOTTE HERMELYN,  BORES,  K. BROWN,  BURDICK,   R. CARROLL,   CLARK,
   COLTON,  CRUZ,  CUNNINGHAM, DAVILA, DE LOS SANTOS, DeSTEFANO, EPSTEIN,
   FALL, FORREST, GALLAGHER, GIBBS, GLICK, HEVESI, JACKSON, KELLES,  KIM,
   LEE,  LEVENBERG,  MAMDANI, MEEKS, MITAYNES, OTIS, RAGA, REYES, RIVERA,
   ROSENTHAL,  ROZIC,  SEAWRIGHT,  SEPTIMO,  SHIMSKY,  SHRESTHA,   SIMON,
   SIMONE,  STERN, STIRPE, TAYLOR, WEPRIN, WILLIAMS, ZACCARO -- read once
   and referred to the Committee on Labor
 
 AN ACT to amend the labor law, in relation to providing for minimum wage
   requirements for miscellaneous industry workers
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 196-d of the labor law, as added by chapter 1007 of
 the laws of 1968, is amended to read as follows:
   § 196-d. Gratuities. No employer or [his] THEIR agent or an officer or
 agent  of  any  corporation, or any other person shall demand or accept,
 directly or indirectly, any part  of  the  gratuities,  received  by  an
 employee, or retain any part of a gratuity or of any charge purported to
 be  a  gratuity  for  an employee. This provision shall not apply to the
 checking of hats, coats or other apparel. Nothing  in  this  subdivision
 shall be construed as affecting the allowances from the minimum wage for
 gratuities in the amount determined in accordance with the provisions of
 article   nineteen  of  this  chapter  nor  as  affecting  practices  in
 connection with banquets and  other  special  functions  where  a  fixed
 percentage  of  the  patron's  bill  is  added  for gratuities which are
 distributed to employees, nor to the sharing of tips by a waiter, IF THE
 EMPLOYER TAKES A CREDIT FOR GRATUITIES AS PERMITTED BY  SUBDIVISION  TWO
 OF  SECTION SIX HUNDRED FIFTY-TWO OF THIS CHAPTER with a busboy or simi-
 lar employee, OR, IF THE EMPLOYER DOES NOT TAKE A CREDIT FOR  GRATUITIES
 AS PERMITTED BY SUBDIVISION TWO OF SECTION SIX HUNDRED FIFTY-TWO OF THIS
 CHAPTER, WITH ANY OTHER NON-MANAGERIAL AND NON-SUPERVISORY EMPLOYEES.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01382-01-5
              

 A. 1200                             2
 
   §  2. Section 651 of the labor law is amended by adding a new subdivi-
 sion 10 to read as follows:
   10.  "MISCELLANEOUS INDUSTRY WORKER" MEANS ANY EMPLOYEE COVERED BY THE
 MINIMUM WAGE ORDER FOR MISCELLANEOUS INDUSTRIES AND OCCUPATIONS PURSUANT
 TO THE PROVISIONS OF 12 NYCRR PART 142, INCLUDING, BUT NOT  LIMITED  TO,
 CAR  WASH  ATTENDANTS, NAIL SALON WORKERS, TOW TRUCK DRIVERS, DOG GROOM-
 ERS, WEDDING PLANNERS, TOUR GUIDES, VALET PARKING ATTENDANTS,  HAIRDRES-
 SERS, AESTHETICIANS, GOLF AND TENNIS INSTRUCTORS, AND DOOR-PERSONS.
   §  3. Subdivisions 2 and 4 of section 652 of the labor law, as amended
 by section 3 of part S of chapter 56 of the laws of 2023, are 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; provided,
 however,  that  the minimum wage order for farm workers codified at part
 one hundred ninety of title twelve of the New York  code  of  rules  and
 regulations  in  effect  on  January first, two thousand twenty shall be
 deemed to be a wage order established and adopted under this article and
 shall remain in full force and effect except as modified  in  accordance
 with  the provisions of this article or article nineteen-A of this chap-
 ter.
   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  subdivisions
 one,  one-a,  and one-b 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, SERVICE EMPLOYEES AND MISCELLANEOUS
 INDUSTRY WORKERS 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 SUCH CASH WAGE, IS EQUAL TO THE MINIMUM WAGE, AND THE
 HOURLY  CASH  WAGE  FOR MISCELLANEOUS INDUSTRY WORKERS SHALL NOT BE LESS
 THAN THE CASH WAGE AS PROVIDED IN SUBDIVISION FOUR OF THIS SECTION.  All
 amounts  so modified shall be rounded off to the nearest five cents. The
 modified orders shall be  promulgated  by  the  commissioner  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.
   4. [Notwithstanding subdivisions one, one-a, one-b, 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 near-
 est 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
 subdivisions  one, one-a, and one-b of this section and provided further
 that no other cash wage is established pursuant to section  six  hundred
 fifty-three  of  this  article] (A) NOTWITHSTANDING SUBDIVISIONS ONE AND
 TWO OF THIS SECTION AND SECTION SIX HUNDRED FIFTY-THREE OF THIS ARTICLE,
 THE WAGE FOR AN EMPLOYEE WHO IS A FOOD SERVICE WORKER OR SERVICE EMPLOY-
 EE RECEIVING TIPS AND PAID PURSUANT TO THE PROVISIONS OF 12  NYCRR  PART
 146  SHALL BE, FOR EACH HOUR WORKED IN THE CITY OF NEW YORK, A CASH WAGE
 OF NOT LESS THAN:
 A. 1200                             3
 
   $12.77 PER HOUR ON AND AFTER JANUARY 1, 2026;
   $14.88 PER HOUR ON AND AFTER JANUARY 1, 2027;
   $17.00 PER HOUR ON AND AFTER JANUARY 1, 2028, AND BEGINNING ON JANUARY
 FIRST,  TWO  THOUSAND  TWENTY-NINE,  A CASH WAGE RATE ESTABLISHED BY THE
 COMMISSIONER ANNUALLY, INDEXED TO INFLATION AS DESCRIBED IN  SUBDIVISION
 ONE-B 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  PURSUANT TO THE PROVISIONS OF 12 NYCRR PART 146 SHALL BE, FOR EACH
 HOUR WORKED IN THE COUNTIES OF NASSAU, SUFFOLK AND WESTCHESTER,  A  CASH
 WAGE OF NOT LESS THAN:
   $12.77 PER HOUR ON AND AFTER JANUARY 1, 2026;
   $14.88 PER HOUR ON AND AFTER JANUARY 1, 2027;
   $17.00 PER HOUR ON AND AFTER JANUARY 1, 2028, AND BEGINNING ON JANUARY
 FIRST,  TWO  THOUSAND  TWENTY-NINE,  A CASH WAGE RATE ESTABLISHED BY THE
 COMMISSIONER ANNUALLY, INDEXED TO INFLATION AS DESCRIBED IN  SUBDIVISION
 ONE-B 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  PURSUANT TO THE PROVISIONS OF 12 NYCRR PART 146 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:
   $11.50 PER HOUR ON AND AFTER JANUARY 1, 2026;
   $13.00 PER HOUR ON AND AFTER JANUARY 1, 2027;
   $14.50 PER HOUR ON AND AFTER JANUARY 1, 2028;
   $16.00 PER HOUR ON AND AFTER JANUARY 1, 2029, AND BEGINNING ON JANUARY
 FIRST,  TWO THOUSAND THIRTY, A CASH WAGE RATE ESTABLISHED BY THE COMMIS-
 SIONER ANNUALLY, INDEXED TO INFLATION AS DESCRIBED IN SUBDIVISION  ONE-B
 OF THIS SECTION.
   (D) NOTWITHSTANDING SUBDIVISIONS ONE AND TWO OF THIS SECTION, THE WAGE
 FOR  AN  EMPLOYEE  WHO IS A MISCELLANEOUS INDUSTRY WORKER RECEIVING TIPS
 AND PAID PURSUANT TO THE PROVISIONS OF 12 NYCRR PART 142  SHALL  BE  FOR
 EACH  HOUR  WORKED IN THE CITY OF NEW YORK, A CASH WAGE OF NOT LESS THAN
 THE CASH WAGE RATE AS DESCRIBED IN PARAGRAPH (A) OF SUBDIVISION ONE-A OF
 THIS SECTION.
   (E) NOTWITHSTANDING SUBDIVISIONS ONE AND TWO OF THIS SECTION, THE WAGE
 FOR AN EMPLOYEE WHO IS A MISCELLANEOUS INDUSTRY  WORKER  RECEIVING  TIPS
 AND  PAID  PURSUANT  TO THE PROVISIONS OF 12 NYCRR PART 142 SHALL BE FOR
 EACH HOUR WORKED IN THE COUNTIES OF NASSAU, SUFFOLK AND  WESTCHESTER,  A
 CASH  WAGE OF NOT LESS THAN THE CASH WAGE RATE AS DESCRIBED IN PARAGRAPH
 (B) OF SUBDIVISION ONE-A OF THIS SECTION.
   (F) NOTWITHSTANDING SUBDIVISIONS ONE AND TWO OF THIS SECTION, THE WAGE
 FOR AN EMPLOYEE WHO IS A MISCELLANEOUS INDUSTRY  WORKER  RECEIVING  TIPS
 AND  PAID  PURSUANT  TO THE PROVISIONS OF 12 NYCRR PART 142 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 THE CASH
 WAGE RATE AS DESCRIBED IN PARAGRAPH (C) OF  SUBDIVISION  ONE-A  OF  THIS
 SECTION.
   §  4. 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
 A. 1200                             4
 
 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.
   § 5. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion, section or part of this act shall be  adjudged  by  any  court  of
 competent  jurisdiction  to  be invalid, such judgment shall not affect,
 impair, or invalidate the remainder of this act, but shall  be  confined
 in  its  operation  to  the  clause,  sentence,  paragraph, subdivision,
 section or part of this act directly  involved  in  the  controversy  in
 which  such  judgment shall have been rendered. It is hereby declared to
 be the intent of the legislature that this act would have  been  enacted
 even  if  such invalid clause, sentence, paragraph, subdivision, section
 or part of this act had not been included herein.
   § 6. This act shall take effect immediately.