New York A 9008: Relates to securing payment of wages for work already performed; creates an employee lien

Bill Text

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A09008 Summary:

BILL NOA09008 

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SAME ASNo Same As

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SPONSORSantabarbara

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COSPNSR

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MLTSPNSR

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Add §196-e, Lab L

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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.

Go to top A09008 Actions:

BILL NOA09008 

&nbsp

08/13/2025referred to labor

01/07/2026referred to labor

Go to topA09008 Committee&nbspVotes:

Go to topA09008 Floor&nbspVotes:

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

Go to topA09008 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 9008

 2025-2026 Regular Sessions

 IN ASSEMBLY

 August 13, 2025
 ___________

 Introduced by M. of A. SANTABARBARA -- read once and referred to the
 Committee on Labor

 AN ACT to amend the labor law, in relation to authorizing equitable tip
 pooling structures for counter service restaurants that pay all
 employees at or above minimum wage

 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 196-e to
 2 read as follows:
 3 § 196-e. Equitable tip pooling. 1. For the purposes of this section,
 4 the following terms shall have the following meanings:
 5 (a) "counter service restaurant" shall mean a food service establish-
 6 ment that includes the following:
 7 (i) orders placed at a counter or kiosk;
 8 (ii) limited or no table service;
 9 (iii) payment made by customers at the time of ordering and prior to
 10 receiving food; and
 11 (iv) tips collected in a common pool, not directed to any individual
 12 server; and
 13 (b) "tip pooling" shall mean the practice by which tip earnings are
 14 intermingled in a common pool and then redistributed among employees.
 15 2. A counter service restaurant may implement a tip pooling policy to
 16 distribute any tips to hourly employees, in both service and non-service
 17 positions, paid at or above the minimum wage required under article
 18 nineteen of this chapter. An employer may require employees to partic-
 19 ipate in a tip pool and shall set the percentage to be distributed to
 20 employees based on the proportion of hours worked. No employer or mana-
 21 gerial staff with authority over personnel decisions shall qualify for
 22 participation in tip pooling.
 23 3. (a) Any counter service restaurant that chooses to permit tip pool-
 24 ing as authorized in this section is required to inform their employees

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD13501-01-5

 A. 9008 2

 1 of such policy through a conspicuously posted notice or other effective
 2 means of disclosure with as much advance notice as possible.
 3 (b) If at any time such restaurant that was previously permitting tip
 4 pooling as authorized in this section ceases to do so, that restaurant
 5 shall inform their employees of such action through a conspicuously
 6 posted notice or other effective means of disclosure at least seven days
 7 prior to implementing such a policy or with as much advance notice as
 8 possible.
 9 § 2. This act shall take effect on the ninetieth day after it shall
 10 have become a law. Effective immediately, the addition, amendment and/or
 11 repeal of any rule or regulation necessary for the implementation of
 12 this act on its effective date are authorized to be made and completed
 13 on or before such date.

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