New York Assembly Bill A03041 Latest Draft

   
  STATE OF NEW YORK ________________________________________________________________________ 3041 2023-2024 Regular Sessions  IN ASSEMBLY February 2, 2023 ___________ Introduced by M. of A. PHEFFER AMATO -- read once and referred 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: 1 Section 1. The labor law is amended by adding a new section 652-a to 2 read as follows: 3 § 652-a. Working at tipped and non-tipped occupations on the same day. 4 On any day that a service employee or food service worker works at a 5 non-tipped occupation for more than twenty percent of his or her shift, 6 the wages of such employee shall be subject to no tip credit for the 7 time working at the non-tipped occupation during that day. A food 8 service worker's customary side work that is ancillary to his or her 9 occupation and which is regularly and customarily performed as part of 10 his or her regular job duties shall not be considered work at a non- 11 tipped occupation. If an employee for whom an employer improperly takes 12 a tip credit participates in a tip pool with employees for whom a tip 13 credit is properly taken, the employer shall only be liable to the 14 employee for whom the tip credit was improperly taken. 15 § 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