A9439A-2011 Actions

• Jun 18, 2012: print number 9439d
• Jun 18, 2012: amend and recommit to labor
• Jun 18, 2012: print number 9439c
• Jun 18, 2012: amend and recommit to labor
• Jun 4, 2012: print number 9439b
• Jun 4, 2012: amend and recommit to labor
• May 7, 2012: print number 9439a
• May 7, 2012: amend and recommit to labor
• Mar 1, 2012: referred to labor

A9439A-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 9439--A
 I N  ASSEMBLY
 March 1, 2012
 
 Introduced  by  M.  of A. GOLDFEDER, MONTESANO, MURRAY, LAVINE, SCHIMEL,
 DenDEKKER, WEPRIN -- Multi-Sponsored by -- M.  of  A.  FITZPATRICK  -
 read  once  and  referred  to  the  Committee  on  Labor  -- committee
 discharged, bill amended, ordered reprinted as amended and recommitted
 to said committee
 

AN ACT to amend the labor law, in  relation  to  requiring  notice  from
 employers to customers of service charges and administration fees that
 are not distributed to employees as gratuities
 

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:

 

S 196-d. Gratuities. 1. AN  EMPLOYER  SHALL  NOT  BE  PROHIBITED  FROM
 ADDING  A MANDATORY GRATUITY AS LONG AS: (I) THE CHARGE IS CONSPICUOUSLY
 DISCLOSED TO THE CUSTOMER BEFORE FOOD OR BEVERAGE IS ORDERED;  AND  (II)
 NO  EMPLOYER  OR  HIS  AGENT  OR AN OFFICER OR AGENT OF ANY CORPORATION,
 SHALL RETAIN ANY PORTION OF SUCH  GRATUITY.  THE  DISCLOSURE  SHALL  USE
 ORDINARY  LANGUAGE  READILY  UNDERSTOOD  AND SHALL APPEAR IN A TYPE SIZE
 SIMILAR TO SURROUNDING TEXT.
 2. No employer or his 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 with a busboy or similar employee.   AN  EMPLOYER  THAT
 IMPOSES  A  MANDATORY  SERVICE  CHARGE, ADMINISTRATIVE FEE, OR ANY OTHER
 SIMILAR CHARGE WHICH IS NOT DISTRIBUTED TO EMPLOYEES AS GRATUITIES  MUST
 PROVIDE  WRITTEN  NOTICE  TO  CUSTOMERS IN THE CONTRACT OR AGREEMENT FOR
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD14113-07-2
 
       A. 9439--A                          2
 SERVICES AND ON THE CHECK OR INVOICE THAT THE CHARGE IS NOT  A  GRATUITY
 AND WILL NOT BE DISTRIBUTED TO EMPLOYEES WHO PROVIDED SERVICE TO GUESTS,
 OR  IF  ONLY  A  PORTION OF THE CHARGE IS DISTRIBUTED AS GRATUITIES, THE
 PORTION  DISTRIBUTED  AS  GRATUITIES  MUST  BE IDENTIFIED.   THE WRITTEN
 NOTICE TO CUSTOMERS IN THE CONTRACT  OR  AGREEMENT  FOR  SERVICES  SHALL
 APPEAR  IN A TYPE SIZE NO SMALLER THAN TWELVE POINT TYPE. THE STATEMENTS
 IN THE CHECK OR INVOICE SHALL USE ORDINARY LANGUAGE  READILY  UNDERSTOOD
 AND  SHALL  APPEAR IN A TYPE SIZE SIMILAR TO SURROUNDING TEXT.  NOTWITH
 STANDING THE FOREGOING, PRIOR TO THE EFFECTIVE DATE OF A CHAPTER OF  THE
 LAWS  OF  TWO  THOUSAND  TWELVE THAT AMENDED THIS SECTION, ANY MANDATORY
 SERVICE OR ADMINISTRATIVE CHARGE, OR ANY MANDATORY FEE,  IMPOSED  BY  AN
 EMPLOYER AS PART OF A BANQUET SERVING TWENTY OR MORE GUESTS SHALL NOT BE
 DEEMED  A  GRATUITY  OR CHARGE PURPORTED TO BE A GRATUITY, AND SHALL NOT
 FORM THE BASIS OF ANY LIABILITY UNDER THIS SECTION, ANY OTHER  PROVISION
 OF  THIS CHAPTER OR ANY REGULATIONS IMPLEMENTED PURSUANT TO THIS CHAPTER
 DESPITE THE ABSENCE OF SUCH DISCLOSURE OR AS A RESULT OF  ANY  REPRESEN
 TATION  MADE  BY ANY EMPLOYER OR HIS AGENT UNLESS SUCH MANDATORY SERVICE
 OR ADMINISTRATIVE CHARGE, OR ANY MANDATORY FEE, WAS SPECIFICALLY REPRES
 ENTED IN WRITING TO BE A GRATUITY PAID TO  A  FOOD  SERVICE  WORKER,  AS
 DEFINED IN 12 N.Y.C.R.R. 146-3.4, BY THE EMPLOYER OR HIS AGENT.
 

S  2.  This  act shall take effect on the thirtieth day after it shall
 have become a law.

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