12 CRR-NY 146-2.9NY-CRR

OFFICIAL COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK
TITLE 12. DEPARTMENT OF LABOR
CHAPTER II. DIVISION OF LABOR STANDARDS
SUBCHAPTER B. MINIMUM WAGE ORDERS
PART 146. HOSPITALITY INDUSTRY
SUBPART 146-2. REGULATIONS
12 CRR-NY 146-2.9
12 CRR-NY 146-2.9
146-2.9 Working at tipped and non-tipped occupations on the same day.
On any day that a service employee or food service worker works at a non-tipped occupation:
(a) for two hours or more; or
(b) for more than 20 percent of his or her shift, whichever is less, the wages of the employee shall be subject to no tip credit for that day.
Example:
An employee has a daily schedule as follows: 8 a.m. to 9:45 a.m., food preparation; 9:45 a.m. to 1:30 p.m., serving food in the restaurant; takes ½ hour meal period; 2:00 p.m. to 4:30 p.m. serving food in the restaurant. That employee has worked 8 hours total, consisting of 6 hours, 15 minutes as a food service worker and 1 hour, 45 minutes in a non-tipped occupation. Twenty percent of an 8 hour shift is 1 hour, 36 minutes. Although the employee worked for less than two hours at the non-tipped occupation, he/she has worked for more than 20 percent of his/her shift at the non-tipped occupation. Therefore, the employee is subject to no tip credit for that day.
12 CRR-NY 146-2.9
Current through December 31, 2020
End of Document