reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter II - DIVISION OF LABOR STANDARDS › Subchapter B - Minimum Wage Orders › Part 142 - MISCELLANEOUS INDUSTRIES AND OCCUPATIONS › Subpart 142-3 - PROVISIONS APPLICABLE TO EMPLOYEES IN NONPROFITMAKING INSTITUTIONS WHICH HAVE NOT ELECTED TO BE EXEMPT FROM COVERAGE UNDER A MINIMUM WAGE ORDER › Minimum Wage and Regulations › Section 142-3.1 - Basic minimum hourly wage rate

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
						The basic minimum hourly wage rate shall be, for each hour worked in:
(1) New York City for:
(i) Large employers of 11 or more employees:
$11.00 per hour on and after December 31, 2016;
$13.00 per hour on and after December 31, 2017;
$15.00 per hour on and after December 31, 2018;
(ii) Small employers of 10 or
						fewer employees:
$10.50 per hour on and after December 31, 2016;
$12.00 per hour on and after December 31, 2017;
$13.50 per hour on and after December 31, 2018;
$15.00 per hour on and after December 31, 2019;
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter II - DIVISION OF LABOR STANDARDS › Subchapter B - Minimum Wage Orders › Part 142 - MISCELLANEOUS INDUSTRIES AND OCCUPATIONS › Subpart 142-3 - PROVISIONS APPLICABLE TO EMPLOYEES IN NONPROFITMAKING INSTITUTIONS WHICH HAVE NOT ELECTED TO BE EXEMPT FROM COVERAGE UNDER A MINIMUM WAGE ORDER › Minimum Wage and Regulations › Section 142-3.2 - Overtime rate

Current through Register Vol. 46, No. 28, July 10, 2024
An employer shall pay an employee for overtime at a
						  wage rate of one and one-half times the employee's regular rate in the manner
						  and methods provided in and subject to the exemptions of sections 7 and 13 of
						  29
						  U.S.C. 201
et seq.,
the Fair
						  Labor Standards Act of 1938, as amended; provided, however, that the exemptions
						  set forth in section 13(a)(4) shall not apply. In addition, an employer shall
						  pay employees subject to the exemptions of section 13 of the Fair Labor
						  Standards Act, as amended, except employees subject to section 13(a)(4) of such
						  act, overtime at a wage rate of one and one-half times the basic minimum hourly
						  rate. The Fair Labor Standards Act is published in the
United States
						  Code,
the official compilation of Federal statutes, by the Government
						  Printing Office, Washington, DC. Copies of the Fair Labor Standards Act are
						  available at the following office:
New York State Department of Labor
Counsel's Office
State Office Building Campus
Building 12, Room 509
Albany, NY 12240-0005
The applicable overtime rate shall be paid for each
						  workweek:
Non-residential
									 employees
Residential
									 employees
For working time over
40 hours
44 hours
This provision shall not apply to residential house
						  parents in children's homes.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter II - DIVISION OF LABOR STANDARDS › Subchapter B - Minimum Wage Orders › Part 142 - MISCELLANEOUS INDUSTRIES AND OCCUPATIONS › Subpart 142-3 - PROVISIONS APPLICABLE TO EMPLOYEES IN NONPROFITMAKING INSTITUTIONS WHICH HAVE NOT ELECTED TO BE EXEMPT FROM COVERAGE UNDER A MINIMUM WAGE ORDER › Minimum Wage and Regulations › Section 142-3.3 - Call-in pay

Current through Register Vol. 46, No. 28, July 10, 2024
An employee who by request or permission of the
						  employer reports for work on any day shall be paid for at least four hours, or
						  the number of hours in the regularly scheduled shift, whichever is less, at the
						  basic minimum hourly wage.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter II - DIVISION OF LABOR STANDARDS › Subchapter B - Minimum Wage Orders › Part 142 - MISCELLANEOUS INDUSTRIES AND OCCUPATIONS › Subpart 142-3 - PROVISIONS APPLICABLE TO EMPLOYEES IN NONPROFITMAKING INSTITUTIONS WHICH HAVE NOT ELECTED TO BE EXEMPT FROM COVERAGE UNDER A MINIMUM WAGE ORDER › Minimum Wage and Regulations › Section 142-3.4 - Additional rate for split and spread of hours

Current through Register Vol. 46, No. 28, July 10, 2024
An employee shall receive one hour's pay at the basic
						  minimum hourly wage rate, in addition to the minimum wage required herein for
						  any day in which:
(a) the spread of
						hours exceeds 10 hours;
(b) there
						is a split shift; or
(c) both
						situations occur.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter II - DIVISION OF LABOR STANDARDS › Subchapter B - Minimum Wage Orders › Part 142 - MISCELLANEOUS INDUSTRIES AND OCCUPATIONS › Subpart 142-3 - PROVISIONS APPLICABLE TO EMPLOYEES IN NONPROFITMAKING INSTITUTIONS WHICH HAVE NOT ELECTED TO BE EXEMPT FROM COVERAGE UNDER A MINIMUM WAGE ORDER › Minimum Wage and Regulations › Section 142-3.5 - Allowances

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Allowances for meals, lodging and utilities for all employees except
						employees in children's camps.
(1)
						Meals and lodging furnished by an employer to an employee may be considered a
						part of the minimum wage but shall be valued at not more than:
(i) Meals, for work performed in:
(a) New York City for:
(1) Large employers of 11 or more employees:
$3.80 per meal on and after December 31, 2016;
$4.50 per meal on and after December 31, 2017;
$5.15 per meal on and after December 31, 2018;
(2) Small employers of 10 or fewer
						employees:
$3.60 per meal on and after December 31, 2016;
$4.15 per meal on and after December 31, 2017;
$4.65 per meal on and after December 31, 2018;
$5.15 per meal on and after December 31, 2019;
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter II - DIVISION OF LABOR STANDARDS › Subchapter B - Minimum Wage Orders › Part 142 - MISCELLANEOUS INDUSTRIES AND OCCUPATIONS › Subpart 142-3 - PROVISIONS APPLICABLE TO EMPLOYEES IN NONPROFITMAKING INSTITUTIONS WHICH HAVE NOT ELECTED TO BE EXEMPT FROM COVERAGE UNDER A MINIMUM WAGE ORDER › Minimum Wage and Regulations › Section 142-3.6 - Employer payroll records requirements for nonprofitmaking institutions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Every
						nonprofitmaking institution shall establish, maintain, and preserve for not
						less than six years, records for each employee; and these records shall contain
						the following data:
(1) name and
						address;
(2) social security
						number, if any;
(3) wage
						rate;
(4) a record of hours worked
						daily and weekly during each payroll period, including the time of arrival and
						departure of each employee working a split shift or spread of hours exceeding
						10; and
(5) a record for each
						payroll period of:
(i) the amount of gross
						wages;
(ii) deductions, if
						any;
(iii) allowances, if any;
						and
(iv) net wages paid.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter II - DIVISION OF LABOR STANDARDS › Subchapter B - Minimum Wage Orders › Part 142 - MISCELLANEOUS INDUSTRIES AND OCCUPATIONS › Subpart 142-3 - PROVISIONS APPLICABLE TO EMPLOYEES IN NONPROFITMAKING INSTITUTIONS WHICH HAVE NOT ELECTED TO BE EXEMPT FROM COVERAGE UNDER A MINIMUM WAGE ORDER › Minimum Wage and Regulations › Section 142-3.7 - Required personnel records for nonprofitmaking institutions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Every
						nonprofitmaking institution shall establish, maintain and preserve for not less
						than six years, records with respect to each individual permitted to work:
(1) as an apprentice;
(2) as a learner;
(3) in an executive, administrative or
						professional capacity;
(4) if the
						individual is a student;
(5) if the
						work performed is not under any express contract of hire and is incidental to
						or in return for charitable aid conferred on such individual;
(6) if the earning capacity of such
						individual is impaired by age, physical or mental deficiency or
						injury;
(7) in or for a summer camp
						or conference in not more than 13 calendar weeks in a calendar year;
						or
(8) as a staff counselor in a
						children's camp.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter II - DIVISION OF LABOR STANDARDS › Subchapter B - Minimum Wage Orders › Part 142 - MISCELLANEOUS INDUSTRIES AND OCCUPATIONS › Subpart 142-3 - PROVISIONS APPLICABLE TO EMPLOYEES IN NONPROFITMAKING INSTITUTIONS WHICH HAVE NOT ELECTED TO BE EXEMPT FROM COVERAGE UNDER A MINIMUM WAGE ORDER › Minimum Wage and Regulations › Section 142-3.8 - Statement to employee

Current through Register Vol. 46, No. 28, July 10, 2024
Every employer covered by this Part shall furnish to
						  each of his employees a statement with every payment of wages, listing hours
						  worked, rates paid, gross wages, allowances, if any, claimed as part of the
						  minimum wage, deductions, and net wages.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter II - DIVISION OF LABOR STANDARDS › Subchapter B - Minimum Wage Orders › Part 142 - MISCELLANEOUS INDUSTRIES AND OCCUPATIONS › Subpart 142-3 - PROVISIONS APPLICABLE TO EMPLOYEES IN NONPROFITMAKING INSTITUTIONS WHICH HAVE NOT ELECTED TO BE EXEMPT FROM COVERAGE UNDER A MINIMUM WAGE ORDER › Minimum Wage and Regulations › Section 142-3.9 - Posting

Current through Register Vol. 46, No. 28, July 10, 2024
Every employer covered by this Part shall post in a
						  conspicuous place in his establishment, a notice issued by the Department of
						  Labor summarizing minimum wage provisions.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter II - DIVISION OF LABOR STANDARDS › Subchapter B - Minimum Wage Orders › Part 142 - MISCELLANEOUS INDUSTRIES AND OCCUPATIONS › Subpart 142-3 - PROVISIONS APPLICABLE TO EMPLOYEES IN NONPROFITMAKING INSTITUTIONS WHICH HAVE NOT ELECTED TO BE EXEMPT FROM COVERAGE UNDER A MINIMUM WAGE ORDER › Minimum Wage and Regulations › Section 142-3.10 - Basis of wage payment

Current through Register Vol. 46, No. 28, July 10, 2024
The minimum wage provided by this Part shall be
						  required for each payroll period, whether the wage is on a commission, bonus,
						  piece rate, or any other basis.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter II - DIVISION OF LABOR STANDARDS › Subchapter B - Minimum Wage Orders › Part 142 - MISCELLANEOUS INDUSTRIES AND OCCUPATIONS › Subpart 142-3 - PROVISIONS APPLICABLE TO EMPLOYEES IN NONPROFITMAKING INSTITUTIONS WHICH HAVE NOT ELECTED TO BE EXEMPT FROM COVERAGE UNDER A MINIMUM WAGE ORDER › Minimum Wage and Regulations › Section 142-3.11 - Deductions and expenses

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Wages
						shall be subject to no deductions, except for allowances authorized in this
						Part, and except for deductions authorized or required by law, such as for
						social security and income tax. Some examples of prohibited deductions are:
(1) deductions for spoilage or
						breakage;
(2) deductions for cash
						shortages or losses;
(3) fines or
						penalties for lateness, misconduct, or quitting by an employee without
						notice.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter II - DIVISION OF LABOR STANDARDS › Subchapter B - Minimum Wage Orders › Part 142 - MISCELLANEOUS INDUSTRIES AND OCCUPATIONS › Subpart 142-3 - PROVISIONS APPLICABLE TO EMPLOYEES IN NONPROFITMAKING INSTITUTIONS WHICH HAVE NOT ELECTED TO BE EXEMPT FROM COVERAGE UNDER A MINIMUM WAGE ORDER › Definitions › Section 142-3.13 - Nonprofitmaking institution

Current through Register Vol. 46, No. 28, July 10, 2024
A
nonprofitmaking institution
means
						  any corporation, unincorporated association, community chest, fund or
						  foundation organized and operated exclusively for religious, charitable or
						  educational purposes, no part of the net earnings of which inures to the
						  benefit of any private shareholder or individual.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter II - DIVISION OF LABOR STANDARDS › Subchapter B - Minimum Wage Orders › Part 142 - MISCELLANEOUS INDUSTRIES AND OCCUPATIONS › Subpart 142-3 - PROVISIONS APPLICABLE TO EMPLOYEES IN NONPROFITMAKING INSTITUTIONS WHICH HAVE NOT ELECTED TO BE EXEMPT FROM COVERAGE UNDER A MINIMUM WAGE ORDER › Definitions › Section 142-3.14 - Regular rate

Current through Register Vol. 46, No. 28, July 10, 2024
The term
regular rate
shall mean the
						  amount that the employee is regularly paid for each hour of work. When an
						  employee is paid on a piece-rate, salary or any basis other than hourly rate,
						  the regular hourly wage rate shall be determined by dividing the total hours
						  worked during the week into the employee's total earnings.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter II - DIVISION OF LABOR STANDARDS › Subchapter B - Minimum Wage Orders › Part 142 - MISCELLANEOUS INDUSTRIES AND OCCUPATIONS › Subpart 142-3 - PROVISIONS APPLICABLE TO EMPLOYEES IN NONPROFITMAKING INSTITUTIONS WHICH HAVE NOT ELECTED TO BE EXEMPT FROM COVERAGE UNDER A MINIMUM WAGE ORDER › Definitions › Section 142-3.15 - Split shift

Current through Register Vol. 46, No. 28, July 10, 2024
A
split shift
is a schedule of daily
						  hours in which the working hours required or permitted are not consecutive. No
						  meal period of one hour or less shall be considered an interruption of
						  consecutive hours.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter II - DIVISION OF LABOR STANDARDS › Subchapter B - Minimum Wage Orders › Part 142 - MISCELLANEOUS INDUSTRIES AND OCCUPATIONS › Subpart 142-3 - PROVISIONS APPLICABLE TO EMPLOYEES IN NONPROFITMAKING INSTITUTIONS WHICH HAVE NOT ELECTED TO BE EXEMPT FROM COVERAGE UNDER A MINIMUM WAGE ORDER › Definitions › Section 142-3.16 - Spread of hours

Current through Register Vol. 46, No. 28, July 10, 2024
The
spread of hours
is the interval
						  between the beginning and end of an employee's workday. The spread of hours for
						  any day includes working time plus time off for meals plus intervals of
						  duty.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter II - DIVISION OF LABOR STANDARDS › Subchapter B - Minimum Wage Orders › Part 142 - MISCELLANEOUS INDUSTRIES AND OCCUPATIONS › Subpart 142-3 - PROVISIONS APPLICABLE TO EMPLOYEES IN NONPROFITMAKING INSTITUTIONS WHICH HAVE NOT ELECTED TO BE EXEMPT FROM COVERAGE UNDER A MINIMUM WAGE ORDER › Definitions › Section 142-3.17 - Meal

Current through Register Vol. 46, No. 28, July 10, 2024
A
meal
shall provide adequate portions
						  of a variety of wholesome, nutritious foods, and shall include at least one of
						  the types of food from all four of the following groups:
(a) fruits or vegetables;
(b) cereals, bread or potatoes;
(c) eggs, meat, fish or poultry;
						and
(d) milk, tea or coffee; except
						that for breakfast, group (c) may be omitted if both cereal and bread are
						offered in group (b).
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter II - DIVISION OF LABOR STANDARDS › Subchapter B - Minimum Wage Orders › Part 142 - MISCELLANEOUS INDUSTRIES AND OCCUPATIONS › Subpart 142-3 - PROVISIONS APPLICABLE TO EMPLOYEES IN NONPROFITMAKING INSTITUTIONS WHICH HAVE NOT ELECTED TO BE EXEMPT FROM COVERAGE UNDER A MINIMUM WAGE ORDER › Definitions › Section 142-3.18 - Lodging

Current through Register Vol. 46, No. 28, July 10, 2024
Lodging
includes room, house or
						  apartment, and means living accommodations which meet generally accepted
						  standards for protection against fire, and all structural, sanitation and
						  similar standards in State and local laws, codes, regulations and ordinances
						  applicable to the premises.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter II - DIVISION OF LABOR STANDARDS › Subchapter B - Minimum Wage Orders › Part 142 - MISCELLANEOUS INDUSTRIES AND OCCUPATIONS › Subpart 142-3 - PROVISIONS APPLICABLE TO EMPLOYEES IN NONPROFITMAKING INSTITUTIONS WHICH HAVE NOT ELECTED TO BE EXEMPT FROM COVERAGE UNDER A MINIMUM WAGE ORDER › Definitions › Section 142-3.19 - Required uniform

Current through Register Vol. 46, No. 28, July 10, 2024
A
required uniform
shall be that
						  clothing worn by an employee, at the request of an employer, while performing
						  job-related duties or to comply with any State, city or local law, rule or
						  regulation. It does not, however, include clothing that may be worn as part of
						  employee's ordinary wardrobe.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter II - DIVISION OF LABOR STANDARDS › Subchapter B - Minimum Wage Orders › Part 143 - REGULATIONS APPLICABLE TO EACH NONPROFITMAKING INSTITUTION WHICH CERTIFIES IT WILL PAY THE STATUTORY MINIMUM WAGE TO EACH EMPLOYEE IN LIEU OF BEING COVERED UNDER A MINIMUM WAGE ORDER › Section 143.0 - Minimum wage requirements applicable to nonprofitmaking institutions which have elected the option to pay the statutory wage exclusive of allowances in lieu of wage order coverage

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Definition of nonprofitmaking institution.
Nonprofitmaking institution
means any
					 corporation, unincorporated association, community chest, fund or foundation
					 organized and operated exclusively for religious, charitable or educational
					 purposes, no part of the net earnings of which inures to the benefit of any
					 private shareholder or individual.
(b) Statutory minimum wage, for each hour
				  worked in:
(1) New York City for:
(i) Large employers of 11 or more employees:
$11.00 per hour on and after December 31, 2016;
$13.00 per hour on and after December 31, 2017;
$15.00 per hour on and after December 31,
					 2018;
(ii) Small employers
				  of 10 or fewer employees:
$10.50 per hour on and after December 31, 2016;
$12.00 per hour on and after December 31, 2017;
$13.50 per hour on and after December 31, 2018;
$15.00 per hour on and after December 31,
					 2019;
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter II - DIVISION OF LABOR STANDARDS › Subchapter B - Minimum Wage Orders › Part 143 - REGULATIONS APPLICABLE TO EACH NONPROFITMAKING INSTITUTION WHICH CERTIFIES IT WILL PAY THE STATUTORY MINIMUM WAGE TO EACH EMPLOYEE IN LIEU OF BEING COVERED UNDER A MINIMUM WAGE ORDER › Section 143.1 - Definitions of exclusions from the term employee

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Labor on a farm.
(1) The term
farm
includes
				  stock, dairy, poultry, furbearing animal, fruit and truck farms, plantations,
				  orchards, nurseries, greenhouses or other similar structures, used primarily
				  for the raising of agricultural or horticultural commodities.
(2) The term
labor on a farm
includes the service of any person permitted to work on a farm by an employer
				  in connection with:
(i) cultivating the
				  soil;
(ii) raising or harvesting
				  any agricultural or horticultural commodity, including the raising or hatching
				  of poultry, the raising, shearing, feeding, caring for, training and management
				  of livestock, bees, furbearing animals and wildlife;
(iii) the production or harvesting of maple
				  syrup or maple sugar;
(iv) the
				  operation, management, conservation, improvement or maintenance of a farm and
				  its tools and equipment;
(v) the
				  operation or maintenance of ditches, canals, reservoirs or waterways used
				  exclusively for removing, supplying and storing water for farming
				  purposes;
(vi) the handling,
				  planting, drying, packing, packaging, processing, freezing, grading, storing or
				  delivering to storage or to market, or to a carrier for transportation to
				  market, any agricultural or horticultural commodity.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter II - DIVISION OF LABOR STANDARDS › Subchapter B - Minimum Wage Orders › Part 143 - REGULATIONS APPLICABLE TO EACH NONPROFITMAKING INSTITUTION WHICH CERTIFIES IT WILL PAY THE STATUTORY MINIMUM WAGE TO EACH EMPLOYEE IN LIEU OF BEING COVERED UNDER A MINIMUM WAGE ORDER › Section 143.2 - Election by nonprofitmaking institutions

Current through Register Vol. 46, No. 28, July 10, 2024
An election by a nonprofitmaking institution to pay each of
					 its employees in every occupation a wage, exclusive of allowances, of not less
					 than the amount specified in subdivision 1 of section 652  of the
					 Labor Law shall be made on a form furnished for this purpose by the
					 commissioner.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter II - DIVISION OF LABOR STANDARDS › Subchapter B - Minimum Wage Orders › Part 143 - REGULATIONS APPLICABLE TO EACH NONPROFITMAKING INSTITUTION WHICH CERTIFIES IT WILL PAY THE STATUTORY MINIMUM WAGE TO EACH EMPLOYEE IN LIEU OF BEING COVERED UNDER A MINIMUM WAGE ORDER › Section 143.3 - Notice requesting application of minimum wage orders

Current through Register Vol. 46, No. 28, July 10, 2024
A nonprofitmaking institution which, having elected to pay
					 to each of its employees in every occupation a wage, exclusive of allowances,
					 of not less than the statutory minimum wage, wishes to change its election and
					 become subject to minimum wage order coverage shall notify the commissioner in
					 writing, over the signature of an authorized official thereof:
(a) that it requests to have all the
				  provisions of applicable minimum wage orders apply to its employees beginning
				  60 days from the date of the notice; and
(b) that until such 60th day the institution
				  will continue to pay wages in accordance with the election in effect until such
				  date.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter II - DIVISION OF LABOR STANDARDS › Subchapter B - Minimum Wage Orders › Part 143 - REGULATIONS APPLICABLE TO EACH NONPROFITMAKING INSTITUTION WHICH CERTIFIES IT WILL PAY THE STATUTORY MINIMUM WAGE TO EACH EMPLOYEE IN LIEU OF BEING COVERED UNDER A MINIMUM WAGE ORDER › Section 143.4 - Revocation of exemption

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An
				  exemption, elected by a nonprofitmaking institution when it certified under
				  oath to the commissioner to pay to each of its employees in every occupation a
				  wage, exclusive of allowances, of not less than the statutory minimum hourly
				  rate may be revoked by order of the commissioner if he finds:
(1) that the certification contained
				  misrepresentations; or
(2) that the
				  nonprofitmaking institution has violated the provisions of article 19
				  applicable to it.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter II - DIVISION OF LABOR STANDARDS › Subchapter B - Minimum Wage Orders › Part 143 - REGULATIONS APPLICABLE TO EACH NONPROFITMAKING INSTITUTION WHICH CERTIFIES IT WILL PAY THE STATUTORY MINIMUM WAGE TO EACH EMPLOYEE IN LIEU OF BEING COVERED UNDER A MINIMUM WAGE ORDER › Section 143.5 - Employer personnel records requirements for nonprofitmaking institutions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Every such
				  institution must establish, maintain and preserve for not less than six years,
				  records with respect to each individual permitted to work:
(1) as an apprentice;
(2) as a learner;
(3) in an executive, administrative, or
				  professional capacity;
(4) if the
				  individual is a student;
(5) as a
				  staff counselor;
(6) in or for a
				  summer camp or conference;
(7) if
				  the work performed is not under any express contract of hire and is incidental
				  to or in return for charitable aid conferred on such individual;
(8) if the earning capacity of such
				  individual is impaired by age, physical or mental deficiency or
				  injury.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter II - DIVISION OF LABOR STANDARDS › Subchapter B - Minimum Wage Orders › Part 143 - REGULATIONS APPLICABLE TO EACH NONPROFITMAKING INSTITUTION WHICH CERTIFIES IT WILL PAY THE STATUTORY MINIMUM WAGE TO EACH EMPLOYEE IN LIEU OF BEING COVERED UNDER A MINIMUM WAGE ORDER › Section 143.6 - Employer payroll records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Every
				  nonprofitmaking institution employing persons within New York State shall
				  establish, maintain, and preserve for not less than six years, records:
(1) for each employee; and
(2) for each individual permitted to work
				  whose earning capacity is impaired by age, physical or mental deficiency, or
				  injury; and
(3) for each individual
				  permitted to work as a learner.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter II - DIVISION OF LABOR STANDARDS › Subchapter B - Minimum Wage Orders › Part 143 - REGULATIONS APPLICABLE TO EACH NONPROFITMAKING INSTITUTION WHICH CERTIFIES IT WILL PAY THE STATUTORY MINIMUM WAGE TO EACH EMPLOYEE IN LIEU OF BEING COVERED UNDER A MINIMUM WAGE ORDER › Section 143.7 - An hour

Current through Register Vol. 46, No. 28, July 10, 2024
The term
an hour
shall include each hour
					 an employee is permitted to work, or is required to be available for work at a
					 place prescribed by the employer, and shall include time spent in traveling to
					 the extent that such traveling is part of the duties of the employee. However,
					 a residential employee-one who lives on the premises of the employer-shall not
					 be deemed to be permitted to work or required to be available for work:
(a) during such employee's normal sleeping
				  hours solely because he or she is required to be on call during such
				  hours;
(b) at any other time when
				  he or she is free to leave the place of employment.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter II - DIVISION OF LABOR STANDARDS › Subchapter B - Minimum Wage Orders › Part 143 - REGULATIONS APPLICABLE TO EACH NONPROFITMAKING INSTITUTION WHICH CERTIFIES IT WILL PAY THE STATUTORY MINIMUM WAGE TO EACH EMPLOYEE IN LIEU OF BEING COVERED UNDER A MINIMUM WAGE ORDER › Section 143.8 - Allowances

Current through Register Vol. 46, No. 28, July 10, 2024
The term
allowances
means any deduction
					 for gratuities, and any charge or deduction for meals, lodging, apparel, and
					 other such items, services and facilities furnished by an employer to an
					 employee when the employee must utilize such items, services or facilities as a
					 condition of his employment.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter II - DIVISION OF LABOR STANDARDS › Subchapter B - Minimum Wage Orders › Part 144 - New York State Minimum Wage Requirements Concerning Employment Covered By The Minimum Wage Provisions Of The Federal Fair Labor Standards Act [repealed]

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter II - DIVISION OF LABOR STANDARDS › Subchapter B - Minimum Wage Orders › Part 145 - Regulations Applicable To Each Nonprofitmaking Institution Which Certifies It Will Pay One Dollar An Hour To Each Employee In Lieu Of Being Covered Und [repealed]

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter II - DIVISION OF LABOR STANDARDS › Subchapter B - Minimum Wage Orders › Part 146 - HOSPITALITY INDUSTRY › Subpart 146-1 - MINIMUM WAGE RATES › Section 146-1.1 - Application

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Every employer
					 in the hospitality industry must pay to each employee, as defined in this Part,
					 at least the minimum wage rates provided in this Part.
(b) The rates provided herein shall apply,
					 unless otherwise stated, on and after January 1, 2011.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter II - DIVISION OF LABOR STANDARDS › Subchapter B - Minimum Wage Orders › Part 146 - HOSPITALITY INDUSTRY › Subpart 146-1 - MINIMUM WAGE RATES › Section 146-1.2 - Basic minimum hourly rate

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The basic
					 minimum hourly rate shall be, for each hour worked by:
(1) Employees, other than fast food
					 employees, in:
(i) New York City for:
(a) Large employers of 11 or more employees:
$11.00 per hour on and after December 31, 2016;
$13.00 per hour on and after December 31, 2017;
$15.00 per hour on and after December 31, 2018;
(b) Small employers of 10 or fewer
					 employees:
$10.50 per hour on and after December 31, 2016;
$12.00 per hour on and after December 31, 2017;
$13.50 per hour on and after December 31, 2018;
$15.00 per hour on and after December 31, 2019;
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter II - DIVISION OF LABOR STANDARDS › Subchapter B - Minimum Wage Orders › Part 146 - HOSPITALITY INDUSTRY › Subpart 146-1 - MINIMUM WAGE RATES › Section 146-1.3 - Tip credits

Current through Register Vol. 46, No. 28, July 10, 2024
An employer may take a credit towards the basic minimum
						hourly rate if a service employee or food service worker receives enough tips
						and if the employee has been notified of the tip credit as required in section
						146-2.2 
						of this Part. Such employees shall be considered "tipped employees."
(a)
Tip credits for service
					 employees.
A service employee shall receive a wage of at least the
						hourly cash wage rate listed below, and credit for tips shall not exceed the
						hourly credit rate listed below, provided that the weekly average of tips is at
						least the hourly tip threshold rate listed below and the total of tips received
						plus wages equals or exceeds the basic minimum hourly rate pursuant to section
						146-1.2 
						of this Subpart.
(1) General. For
					 service employees (other than at resort hotels) employed in:
(i) New York City by:
(a) Large employers of 11 or more employees:
$9.15 cash wage, $1.85 credit, $2.40 tip threshold on and
						after December 31, 2016;
$10.85 cash wage, $2.15 credit, $2.80 tip threshold on
						and after December 31, 2017;
$12.50 cash wage, $2.50 credit, $3.25 tip threshold on
						and after December 31, 2018;
(b) Small employer of 10 or fewer employees:
$8.75 cash wage, $1.75 credit, $2.30 tip threshold on and
						after December 31, 2016;
$10.00 cash wage, $2.00 credit, $2.60 tip threshold on
						and after December 31, 2017;
$11.25 cash wage, $2.25 credit, $2.95 tip threshold on
						and after December 31, 2018;
$12.50 cash wage, $2.50 credit, $3.25 tip threshold on
						and after December 31, 2019;
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter II - DIVISION OF LABOR STANDARDS › Subchapter B - Minimum Wage Orders › Part 146 - HOSPITALITY INDUSTRY › Subpart 146-1 - MINIMUM WAGE RATES › Section 146-1.4 - Overtime hourly rates

Current through Register Vol. 46, No. 28, July 10, 2024
An employer shall pay an employee for overtime at a wage
						rate of 11/2 times the employee's regular rate for hours worked in excess of 40
						hours in one workweek. When an employer is taking a credit toward the basic
						minimum hourly rate pursuant to section
						146-1.3  of
						this Subpart, the overtime rate shall be the employee's regular rate of pay
						before subtracting any tip credit, multiplied by 11/2, minus the tip credit. It
						is a violation of the overtime requirement for an employer to subtract the tip
						credit first and then multiply the reduced rate by one and one
						half.
Example 1:
Non-tipped employee (when the basic minimum
						hourly rate is less than or equal to $10.00).
Example 2:
Tipped
						employee (when the basic minimum wage was $5.00, and the maximum tip credit was
						$2.25, for food service workers).
An employee regularly paid $10 per hour
								  who works 50 hours in a workweek:
Regular rate:
$10.00 per hour
Overtime rate:
$10.00 x 1.5 = $15.00 per hour
Wage for 40 hours:
$10.00 x 40 = $400.00
Wage for 10 hours:
$15.00 x 10 = $150.00
Total $550.00
A food service worker regularly paid
								  $7.25 per hour minus a tip credit of $2.25 per hour, for a wage rate of $5 per
								  hour, who works 50 hours in a workweek:
Regular rate:
$7.25 per hour
Overtime rate:
$7.25 x 1.5 = $10.875 per hour
Wage rate for 40 hours:
$7.25 - $2.25 = $5.00 per hour
Wage rate for 10 hours:
$10.875 - $2.25 = $8.625 per hour
Wages for the workweek:
$5.00 x 40 hours = $200.00
$8.625 x 10 hours = $86.25
Total $286.25
Alternative calculation:
Wages for the work week:
$7.25 x 40 hours = $290.00
$10.875 x 10 hours = $108.75
Subtotal $398.75
Minus tip credit
$2.25 x 50 hours = - 112.50
Total $286.25
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter II - DIVISION OF LABOR STANDARDS › Subchapter B - Minimum Wage Orders › Part 146 - HOSPITALITY INDUSTRY › Subpart 146-1 - MINIMUM WAGE RATES › Section 146-1.5 - Call-in pay

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An employee who
					 by request or permission of the employer reports for duty on any day, whether
					 or not assigned to actual work, shall be paid at the applicable wage rate:
(1) for at least three hours for one shift,
					 or the number of hours in the regularly scheduled shift, whichever is
					 less;
(2) for at least six hours
					 for two shifts totaling six hours or less, or the number of hours in the
					 regularly scheduled shift, whichever is less; and
(3) for at least eight hours for three shifts
					 totaling eight hours or less, or the number of hours in the regularly scheduled
					 shift, whichever is less.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter II - DIVISION OF LABOR STANDARDS › Subchapter B - Minimum Wage Orders › Part 146 - HOSPITALITY INDUSTRY › Subpart 146-1 - MINIMUM WAGE RATES › Section 146-1.6 - Spread of hours greater than 10 in restaurants and all-year hotels

Current through Register Vol. 46, No. 28, July 10, 2024
The
spread of hours
is the length of the
						interval between the beginning and end of an employee's workday. The spread of
						hours for any day includes working time plus time off for meals plus intervals
						off duty. Examples of a spread of hours greater than 10 are: 7 a.m. - 10 a.m.,
						7 p.m. - 10 p.m. = 6 hours worked but a 15 hour spread; 11:30 a.m. - 3 p.m., 4
						p.m. - 10:00 p.m. = 91/2 hours worked but a 101/2 hour spread.
(a) On each day on which the spread of hours
					 exceeds 10, an employee shall receive one additional hour of pay at the basic
					 minimum hourly rate.
(b) The
					 additional hour of pay shall not be offset by any credits for meals or lodging
					 provided to the employee.
(c) The
					 additional hour of pay is not a payment for time worked or work performed and
					 need not be included in the regular rate for the purpose of calculating
					 overtime pay.
(d) This section
					 shall apply to all employees in restaurants and all-year hotels, regardless of
					 a given employee's regular rate of pay.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter II - DIVISION OF LABOR STANDARDS › Subchapter B - Minimum Wage Orders › Part 146 - HOSPITALITY INDUSTRY › Subpart 146-1 - MINIMUM WAGE RATES › Section 146-1.7 - Uniform maintenance pay

Current through Register Vol. 46, No. 28, July 10, 2024
Maintaining required uniforms includes washing, ironing,
						dry cleaning, alterations, repair, or any other maintenance necessary.
(a) Where an employer does not maintain
					 required uniforms for any employee, the employer shall pay the employee, in
					 addition to the employee's agreed rate of pay, uniform maintenance pay at the
					 weekly rate set forth below, based on the number of hours worked, where
					 employees who work over 30 hours per week shall be paid the high rate,
					 employees who work more than 20 hours but fewer than 30 hours shall be paid the
					 medium rate and employees who work 20 hours or fewer shall be paid the low rate
					 for work performed in:
(1) New York City for:
(i) Large employers of 11 or more employees:
$13.70 high, $10.80 medium, $6.55 low on and after
						December 31, 2016;
$16.20 high, $12.80 medium, $7.75 low on and after
						December 31, 2017;
$18.65 high, $14.75 medium, $8.90 low on and after
						December 31, 2018;
(ii)
					 Small employers of 10 or fewer employees:
$13.05 high, $10.35 medium, $6.25 low on and after
						December 31, 2016;
$14.95 high, $11.80 medium, $7.15 low on and after
						December 31, 2017;
$16.80 high, $13.30 medium, $8.05 low on and after
						December 31, 2018;
$18.65 high, $14.75 medium, $8.90 low on and after
						December 31, 2019;
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter II - DIVISION OF LABOR STANDARDS › Subchapter B - Minimum Wage Orders › Part 146 - HOSPITALITY INDUSTRY › Subpart 146-1 - MINIMUM WAGE RATES › Section 146-1.8 - Costs of purchasing required uniforms

Current through Register Vol. 46, No. 28, July 10, 2024
(a) When an employee purchases a required
					 uniform, he or she shall be reimbursed by the employer for the total cost of
					 the uniform no later than the next payday. Employers may not avoid such costs
					 by requiring employees to obtain uniforms before starting the job.
(b) Where the employer furnishes to the
					 employees free of charge, or reimburses the employees for purchasing, enough
					 uniforms for an average workweek, and an employee chooses to purchase
					 additional uniforms in excess of the number needed, the employer will not be
					 required to reimburse the employee for the cost of purchasing the additional
					 uniforms.
(c) This section shall
					 apply to all employees, regardless of a given employee's regular rate of
					 pay.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter II - DIVISION OF LABOR STANDARDS › Subchapter B - Minimum Wage Orders › Part 146 - HOSPITALITY INDUSTRY › Subpart 146-1 - MINIMUM WAGE RATES › Section 146-1.9 - Credits for meals and lodging

Current through Register Vol. 46, No. 28, July 10, 2024
Meals and/or lodging provided by an employer to an
						employee may be considered part of the wages paid to the employee but shall be
						valued at no more than the amounts given below.
(a)
Meal credits in restaurants and
					 all-year hotels.
(1) Meals furnished
					 by an employer to an employee may be considered part of the wages but shall be
					 valued at no more than the per meal amounts listed below at the food service
					 rate for food service workers, the service rate for service employees, and the
					 other rate for non-service employees for work performed in:
(i) New York City for:
(a) Large employers of 11 or more employees:
$2.85 food service, $3.05 service, $3.80 other per meal
						on and after December 31, 2016;
$3.25 food service, $3.60 service, $4.50 other per meal
						on and after December 31, 2017;
$3.60 food service, $4.15 service, $5.15 other per meal
						on and after December 31, 2018;
(b) Small employers of 10 or fewer employees:
$2.80 food service, $2.90 service, $3.60 other per meal
						on and after December 31, 2016;
$3.05 food service, $3.35 service, $4.15 other per meal
						on and after December 31, 2017;
$3.35 food service, $3.75 service, $4.65 other per meal
						on and after December 31, 2018;
$3.60 food service, $4.15 service, $5.15 other per meal
						on and after December 31, 2019;
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter II - DIVISION OF LABOR STANDARDS › Subchapter B - Minimum Wage Orders › Part 146 - HOSPITALITY INDUSTRY › Subpart 146-2 - REGULATIONS › Section 146-2.1 - Employer records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Every
					 employer shall establish, maintain and preserve for at least six years weekly
					 payroll records which shall show for each employee:
(1) name and address;
(2) social security number or other employee
					 identification number;
(3)
					 occupational classification;
(4)
					 the number of hours worked daily and weekly, including the time of arrival and
					 departure for each employee working a split shift or spread of hours exceeding
					 10;
(5) regular and overtime hourly
					 wage rates;
(6) the amount of gross
					 wages;
(7) deductions from gross
					 wages;
(8) the amount of net
					 wages;
(9) tip credits, if any,
					 claimed as part of the minimum wage;
(10) meal and lodging credits, if any,
					 claimed as part of wages;
(11)
					 money paid in cash; and
(12)
					 student classification.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter II - DIVISION OF LABOR STANDARDS › Subchapter B - Minimum Wage Orders › Part 146 - HOSPITALITY INDUSTRY › Subpart 146-2 - REGULATIONS › Section 146-2.2 - Written notice of pay rates, tip credit and pay day

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Prior to the start of employment, an
					 employer shall give each employee written notice of the employee's regular
					 hourly pay rate, overtime hourly pay rate, the amount of tip credit, if any, to
					 be taken from the basic minimum hourly rate, and the regular payday. The notice
					 shall also state that extra pay is required if tips are insufficient to bring
					 the employee up to the basic minimum hourly rate. The employer must provide
					 notice in:
(1) English; and
(2) any other language spoken by the new
					 employee as his/her primary language, so long as the commissioner has made such
					 notice available to employers in such language on the department's
					 website.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter II - DIVISION OF LABOR STANDARDS › Subchapter B - Minimum Wage Orders › Part 146 - HOSPITALITY INDUSTRY › Subpart 146-2 - REGULATIONS › Section 146-2.3 - Statement to employee

Current through Register Vol. 46, No. 28, July 10, 2024
Every employer shall provide to each employee a
						statement, commonly referred to as a pay stub, with every payment of wages. The
						pay stub must list hours worked, rates paid, gross wages, credits claimed (for
						tips, meals and lodging) if any, deductions and net wages.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter II - DIVISION OF LABOR STANDARDS › Subchapter B - Minimum Wage Orders › Part 146 - HOSPITALITY INDUSTRY › Subpart 146-2 - REGULATIONS › Section 146-2.4 - Posting requirements

Current through Register Vol. 46, No. 28, July 10, 2024
Every employer shall post, in a conspicuous place in his
						or her establishment, notices issued by the Department of Labor about wage and
						hour laws, tip appropriations, illegal deduction provisions and any other labor
						laws that the commissioner shall deem appropriate.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter II - DIVISION OF LABOR STANDARDS › Subchapter B - Minimum Wage Orders › Part 146 - HOSPITALITY INDUSTRY › Subpart 146-2 - REGULATIONS › Section 146-2.5 - Hourly rates are required

Current through Register Vol. 46, No. 28, July 10, 2024
Employees as defined in section
						146-3.2  of
						this Title, other than commissioned salespersons, shall be paid hourly rates of
						pay. Employers may not pay employees on a daily, weekly, salary, piece rate or
						other non-hourly rate basis.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter II - DIVISION OF LABOR STANDARDS › Subchapter B - Minimum Wage Orders › Part 146 - HOSPITALITY INDUSTRY › Subpart 146-2 - REGULATIONS › Section 146-2.6 - Weekly basis of minimum wage

Current through Register Vol. 46, No. 28, July 10, 2024
The minimum wage provided by this Part shall be required
						for each week of work, regardless of the frequency of
						payment.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter II - DIVISION OF LABOR STANDARDS › Subchapter B - Minimum Wage Orders › Part 146 - HOSPITALITY INDUSTRY › Subpart 146-2 - REGULATIONS › Section 146-2.7 - Deductions and expenses

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Employers may not make any deductions from wages, except for credits authorized
					 in this Part and deductions authorized or required by law, such as for social
					 security and income taxes. Some examples of prohibited deductions are:
(1) deductions for spoilage or
					 breakage;
(2) deductions because of
					 non-payment by a customer;
(3)
					 deductions for cash shortages or losses; and
(4) fines or penalties for lateness,
					 misconduct, or quitting by an employee without notice.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter II - DIVISION OF LABOR STANDARDS › Subchapter B - Minimum Wage Orders › Part 146 - HOSPITALITY INDUSTRY › Subpart 146-2 - REGULATIONS › Section 146-2.8 - Meals and lodging

Current through Register Vol. 46, No. 28, July 10, 2024
(a) When an
					 employer takes a meal and/or lodging credit toward the pay of an employee, the
					 employer may not charge the employee any additional money for the meal(s)
					 and/or lodging.
(b) A residential
					 employee in a resort hotel whose compensation is based on the inclusion of
					 meals shall be provided with three meals per day.
(c) An employee who works a shift requiring a
					 meal period under section 162 of the New York State Labor Law must either:
(1) receive a meal furnished by the employer
					 as part of his or her compensation, at no more than the meal credit allowed in
					 this Part; or
(2) be permitted to
					 bring his or her own food and consume it on premises.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter II - DIVISION OF LABOR STANDARDS › Subchapter B - Minimum Wage Orders › Part 146 - HOSPITALITY INDUSTRY › Subpart 146-2 - REGULATIONS › Section 146-2.9 - Working at tipped and non-tipped occupations on the same day

Current through Register Vol. 46, No. 28, July 10, 2024
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 1/2 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.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter II - DIVISION OF LABOR STANDARDS › Subchapter B - Minimum Wage Orders › Part 146 - HOSPITALITY INDUSTRY › Subpart 146-2 - REGULATIONS › Section 146-2.10 - Employment covered by more than one wage order

Current through Register Vol. 46, No. 28, July 10, 2024
An employee in the hospitality industry who works for the
						same employer at an occupation governed by another New York State minimum wage
						order:
(a) for two hours or more
					 during any one day; or
(b) for 12
					 hours or more in any week shall be paid for all hours of working time for that
					 day or week in accordance with the minimum wage standards contained in the
					 minimum wage order for such other industry or the hospitality industry,
					 whichever is higher.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter II - DIVISION OF LABOR STANDARDS › Subchapter B - Minimum Wage Orders › Part 146 - HOSPITALITY INDUSTRY › Subpart 146-2 - REGULATIONS › Section 146-2.11 - Learner, trainee, or apprentice rates

Current through Register Vol. 46, No. 28, July 10, 2024
Any employees whom an employer designates learners,
						trainees, or apprentices must nonetheless be paid at least the minimum rates
						prescribed in this Part.