Senate BillIntroduced
S 5176: Establishes when a tip credit applies to employees working at tipped and non-tipped occupations on the same day.
What S 5176 does, verified January 9, 2026
The proposed law aims to establish rules for service employees and food service workers who work at both tipped and non-tipped occupations on the same day. If an employee works at a non-tipped occupation for more than twenty percent of their shift, their wages are subject to no tip credit for that time. However, customary side work that is ancillary to their occupation and regularly performed as part of their job duties is not considered work at a non-tipped occupation. If an employer takes an improper tip credit, they are only liable to the employee who was affected by the improper tip credit, rather than participating in a tip pool with other employees.
Bill journey
1IntroducedCurrent
2In CommitteePending
3First Chamber FloorPending
4Second ChamberPending
5GovernorPending
6ChapteredPending
Last action: REFERRED TO LABOR (2026-01-07)Alert me
Quick answers about S 5176
- What is the current status of S 5176?
- As of January 9, 2026, S 5176 is recorded as "Introduced": it has been introduced and is waiting for its first committee hearing or floor vote. The last recorded action, on January 7, 2026, was "REFERRED TO LABOR".
- Did S 5176 pass?
- Not yet. S 5176 has been introduced and has not passed either house.
- Who wrote S 5176, and where is it now?
- S 5176 was authored by Sen. Leroy Comrie. Its committee of record is Senate Labor.
Author and sponsors
Full contact details, staff, and committees with Connect, $16/moUnlockRecent actions2 total · showing 2
| Jan. 07, 2026 | REFERRED TO LABOR |
| Feb. 19, 2025 | REFERRED TO LABOR |
Latest bill textIntroduced version, February 19, 2025 · 288 words
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
Text of S 5176 as introduced, from the official record. Connect Plus keeps every version and highlights what changed.Compare versions