S 5176 New York Senate · 2025 Regular Session

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

This bill clarifies when employers can apply a tip credit to workers who perform both tipped and non-tipped tasks on the same day. Specifically, if a service or food service worker spends more than 20% of their shift in a non-tipped role, they must be paid the full minimum wage for that portion of the day, not the reduced wage allowed with a tip credit. Regular side tasks directly related to their primary job (like busking in a restaurant) do not count as non-tipped work. The bill also specifies that employers improperly applying a tip credit must only compensate the affected worker in a tip pool, not all workers in the pool.
Bill status in committee 1 of 4 stages cleared
Introduction
Feb 2025
Committee Review
Floor Vote
Governor
Introduced Feb 19, 2025 Last action Jan 7, 2026
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2
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Committee
2
Jan 7, 2026
Committee
REFERRED TO LABOR
upper
Feb 19, 2025
Committee
REFERRED TO LABOR
upper
1 primary · 0 co-sponsors

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Role
Legislator
Party
State
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P
Photo of Leroy Comrie
Leroy Comrie
DDemocratic
NY
14