New York 2025-2026 Regular Session

New York Assembly Bill A09008

Introduced
8/13/25  

Caption

Authorizes equitable tip pooling structures for counter service restaurants that pay all employees at or above minimum wage; authorizes tip pooling for service and non-service employees.

Impact

The implementation of A09008 would significantly impact the operations of counter service restaurants by legitimizing the practice of tip pooling, which can lead to a more equitable distribution of tip earnings among staff. This could enhance the income of non-serving staff, who traditionally do not receive tips directly from customers, potentially improving job satisfaction and employee retention. The requirement for equitable distribution based on hours worked ensures that all employees who contribute to the service experience are recognized financially.

Summary

Assembly Bill A09008 introduces a new section to New York's labor law that authorizes equitable tip pooling structures specifically for counter service restaurants. These establishments are defined as those where orders are placed at a counter, often with limited or no table service and payment made at the time of ordering. The bill outlines that such restaurants may implement a tip pooling policy that distributes tips among hourly employees, both in service and non-service roles, provided they are compensated at or above the minimum wage. It emphasizes that employers are responsible for informing their employees about the implementation of these policies through proper notification methods.

Contention

Opposition to the bill may arise from concerns surrounding the management of tip pools and the potential for misuse or miscommunication between employers and employees regarding earnings. Critics may argue that while intended to promote fairness, such systems could lead to disputes over the distribution of tips and dilute individual rewards for outstanding service. Additionally, there could be concerns from advocates of service workers who fear that mandated tip pooling could reduce overall tip amounts received by individual workers, particularly in high-traffic settings where tip amounts can vary widely.

Companion Bills

No companion bills found.

Previously Filed As

NY A00396

Authorizes school districts that provide transition services to allow the delivery of such transition services, including integrated employment, during school hours.

NY S03143

Authorizes school districts that provide transition services to allow the delivery of such transition services, including integrated employment, during school hours.

NY S02053

Authorizes minimum wage to be paid for all time in excess of one hour in which an employee is not at work during a split shift.

NY A04357

Authorizes minimum wage to be paid for all time in excess of one hour in which an employee is not at work during a split shift.

NY A01644

Requires that all human services contracts between any public entity and a human services provider stipulate that the public entity will pay no less than 150% of the higher of: the otherwise applicable minimum wage in the state or any otherwise applicable wage rule or order and that the necessary amounts have been appropriated to ensure payment of such minimum wage.

NY S04930

Requires that all human services contracts between any public entity and a human services provider stipulate that the public entity will pay no less than 150% of the higher of: the otherwise applicable minimum wage in the state or any otherwise applicable wage rule or order and that the necessary amounts have been appropriated to ensure payment of such minimum wage.

NY A08932

Requires that all human services contracts between any public entity and a human services provider stipulate that the public entity will pay no less than 150% of the higher of: the otherwise applicable minimum wage in the state or any otherwise applicable wage rule or order and that the necessary amounts have been appropriated to ensure payment of such minimum wage.

NY A10682

Requires prevailing wages for New York city service contracts to provide homecare services, day care services, head start services, services to persons with cerebral palsy, building services, food services or temporary services; removes references to living wage.

NY S03434

Eliminates provisions exempting employees with disabilities from the minimum wage law; provides that laws or minimum wage orders that authorize an employer to pay a wage that is less than the minimum wage are valid provided that under such laws or orders an employee with a disability is paid the same wage as an employee in a comparable position that does not have a disability.

NY A04347

Eliminates provisions exempting employees with disabilities from the minimum wage law; provides that laws or minimum wage orders that authorize an employer to pay a wage that is less than the minimum wage are valid provided that under such laws or orders an employee with a disability is paid the same wage as an employee in a comparable position that does not have a disability.

Similar Bills

No similar bills found.