New York S 5176: Relates to establishing when a tip credit applies to employees working at tipped and non-tipped occupations on the same day

Bill Text

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S05176 Summary:

BILL NOS05176 

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SAME ASNo Same As

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SPONSORCOMRIE

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COSPNSR

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MLTSPNSR

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Add §652-a, Lab L

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Establishes when a tip credit applies to employees working at tipped and non-tipped occupations on the same day.

Go to top S05176 Actions:

BILL NOS05176 

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02/19/2025REFERRED TO LABOR

01/07/2026REFERRED TO LABOR

Go to topS05176 Committee&nbspVotes:

Go to topS05176 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS05176 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 5176

 2025-2026 Regular Sessions

 IN SENATE

 February 19, 2025
 ___________

 Introduced by Sen. COMRIE -- 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 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 their shift, the
 6 wages of such employee shall be subject to no tip credit for the time
 7 working at the non-tipped occupation during that day. A food service
 8 worker's customary side work that is ancillary to their occupation and
 9 which is regularly and customarily performed as part of their regular
 10 job duties shall not be considered work at a non-tipped occupation. If
 11 an employee for whom an employer improperly takes a tip credit partic-
 12 ipates in a tip pool with employees for whom a tip credit is properly
 13 taken, the employer shall only be liable to the employee for whom the
 14 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.
 LBD06059-01-5

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