Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Nov 10, 2016 |
enacting clause stricken |
Jan 06, 2016 |
referred to labor |
Jan 27, 2015 |
referred to labor |
Assembly Bill A3773
2015-2016 Legislative Session
Sponsored By
GOLDFEDER
Archive: Last Bill Status - Stricken
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
co-Sponsors
Michael Montesano
David Weprin
Vivian Cook
Sean Ryan
multi-Sponsors
John T. McDonald III
Edward Ra
Angelo Santabarbara
2015-A3773 (ACTIVE) - Details
- Law Section:
- Labor Law
- Laws Affected:
- Amd §196-d, Lab L
- Versions Introduced in 2013-2014 Legislative Session:
-
A2179
2015-A3773 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 3773 2015-2016 Regular Sessions I N A S S E M B L Y January 27, 2015 ___________ Introduced by M. of A. GOLDFEDER, MONTESANO, WEPRIN, COOK, CLARK, RYAN, TITUS, AUBRY, SCARBOROUGH, LAVINE, BRAUNSTEIN -- Multi-Sponsored by -- M. of A. McDONALD, RA, SANTABARBARA -- read once and referred to the Committee on Labor 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: (A) THE CHARGE IS CONSPICUOUSLY DISCLOSED TO THE CUSTOMER BEFORE FOOD OR BEVERAGE IS ORDERED; AND (B) 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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06377-01-5
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