S T A T E O F N E W Y O R K
________________________________________________________________________
415
2025-2026 Regular Sessions
I N S E N A T E
(PREFILED)
January 8, 2025
___________
Introduced by Sens. JACKSON, BRISPORT, BROUK, CLEARE, COMRIE, GIANARIS,
GONZALEZ, HARCKHAM, HOYLMAN-SIGAL, LIU, MAY, MAYER, MYRIE, PERSAUD,
RAMOS, RIVERA, SALAZAR, SANDERS, SERRANO, WEBB -- 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 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.
§ 2. Section 651 of the labor law is amended by adding a new subdivi-
sion 10 to read as follows:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01382-01-5
S. 415 2
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:
$12.77 PER HOUR ON AND AFTER JANUARY 1, 2026;
$14.88 PER HOUR ON AND AFTER JANUARY 1, 2027;
S. 415 3
$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
wages payable to food service workers. Such wage board shall be estab-
lished consistent with the provisions of subdivision one of section six
S. 415 4
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.
