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 146 - HOSPITALITY INDUSTRY › Subpart 146-2 - REGULATIONS › Section 146-2.12 - Rehabilitation programs

Current through Register Vol. 46, No. 28, July 10, 2024
For an individual employed as part of a rehabilitation
						program approved by the commissioner, the payment of compensation under such
						program shall be deemed to meet the requirements of this
						Part.
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 146-2.13 - Student obtaining vocational experience

Current through Register Vol. 46, No. 28, July 10, 2024
A student is not deemed to be permitted or suffered to
						work if, in order to fulfill the curriculum requirements of the educational
						institution which the student attends, the student is required to obtain
						supervised and directed vocational experience in another
						establishment.
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 146-2.14 - Tip sharing and tip pooling

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Tip sharing
is the practice by which a directly tipped
					 employee gives a portion of his or her tips to another service employee or food
					 service worker who participated in providing service to customers and keeps the
					 balance.
(b)
Tip
					 pooling
is the practice by which the tip earnings of directly tipped
					 employees are intermingled in a common pool and then redistributed among
					 directly and indirectly tipped employees.
(c)
Directly tipped
					 employees
are those who receive tips from patrons or customers without
					 any intermediary between the patron or customer and the employee.
(d)
Indirectly tipped
					 employees
are those employees who, without receiving direct tips, are
					 eligible to receive shared tips or to receive distributions from a tip
					 pool.
(e) Eligibility of employees
					 to receive shared tips, or to receive distributions from a tip pool, shall be
					 based upon duties and not titles. Eligible employees must perform, or assist in
					 performing, personal service to patrons at a level that is a principal and
					 regular part of their duties and is not merely occasional or incidental.
					 Examples of eligible occupations include:
(1)
					 wait staff;
(2) counter personnel
					 who serve food or beverages to customers;
(3) bus persons;
(4) bartenders;
(5) service bartenders;
(6) barbacks;
(7) food runners;
(8) captains who provide direct food service
					 to customers; and
(9) hosts who
					 greet and seat guests.
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 146-2.15 - Tip sharing

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Directly
					 tipped employees may share their tips on a voluntary basis with other service
					 employees or food service workers who participated in providing service to
					 customers.
(b) An employer may
					 require directly tipped food service workers to share their tips with other
					 food service workers who participated in providing service to customers and may
					 set the percentage to be given to each occupation. However, employees must
					 handle the transactions themselves.
(c) Nothing in this section shall be
					 interpreted as requiring an employer to compensate participants in tip sharing
					 for tips wrongfully withheld from the tip sharing by any participant.
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 146-2.16 - Tip pooling

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Directly
					 tipped employees may mutually agree to pool their tips on a voluntary basis and
					 to redistribute the tips among directly tipped employees and indirectly tipped
					 employees who participated in providing the service.
(b) An employer may require food service
					 workers to participate in a tip pool and may set the percentage to be
					 distributed to each occupation from the tip pool. Only food service workers may
					 receive distributions from the tip pool.
(c) Nothing in this section shall be
					 interpreted as requiring an employer to compensate participants in tip pooling
					 for tips wrongfully withheld from the tip pool by any participant.
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 146-2.17 - Records of tip sharing or tip pooling

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Employers who operate a tip sharing or
					 tip pooling system must establish, maintain, and preserve for at least six
					 years records which include:
(1) a daily log
					 of the tips collected by each employee on each shift, whether in cash or by
					 credit card;
(2) a list of
					 occupations that the employer deems eligible to receive tips through a tip
					 sharing or tip pool system;
(3) the
					 shares of tips that each occupation is scheduled to receive from tip sharing or
					 tip pooling; and
(4) the amount in
					 tips that each employee receives from the tip share or tip pool, by
					 date.
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 146-2.18 - Charge purported to be a gratuity or tip

Current through Register Vol. 46, No. 28, July 10, 2024
Section 196-d of the New York State Labor Law prohibits
						employers from demanding, accepting, or retaining, directly or indirectly, any
						part of an employee's gratuity or any charge purported to be a gratuity.
(a) A charge purported to be a
					 gratuity must be distributed in full as gratuities to the service employees or
					 food service workers who provided the service.
(b) There shall be a rebuttable presumption
					 that any charge in addition to charges for food, beverage, lodging, and other
					 specified materials or services, including but not limited to any charge for
					 "service" or "food service," is a charge purported to be a gratuity.
(c) Employers who make charges purported to
					 be gratuities must establish, maintain and preserve for at least six years
					 records of such charges and their dispositions.
(d) Such records must be regularly made
					 available for participants in the tip sharing or tip pooling systems to
					 review.
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 146-2.19 - Administrative charge not purported to be a gratuity or tip

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A charge for the administration of a
					 banquet, special function, or package deal shall be clearly identified as such
					 and customers shall be notified that the charge is not a gratuity or
					 tip.
(b) The employer has the
					 burden of demonstrating, by clear and convincing evidence, that the
					 notification was sufficient to ensure that a reasonable customer would
					 understand that such charge was not purported to be a gratuity.
(c)
Adequate notification
shall include a statement in the contract or agreement with the customer, and
					 on any menu and bill listing prices, that the administrative charge is for
					 administration of the banquet, special function, or package deal, is not
					 purported to be a gratuity, and will not be distributed as gratuities to the
					 employees who provided service to the guests. The statements shall use ordinary
					 language readily understood and shall appear in a font size similar to
					 surrounding text, but no smaller than a 12-point font.
(d) A combination charge, part of which is
					 for the administration of a banquet, special function or package deal and part
					 of which is to be distributed as gratuities to the employees who provided
					 service to the guests, must be broken down into specific percentages or
					 portions, in writing to the customer, in accordance with the standards for
					 adequate notification in subdivision (c) of this section. The portion of the
					 combination charge which will not be distributed as gratuities to the employees
					 who provided service to the guests shall be covered by subdivisions (a), (b)
					 and (c) of this section.
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 146-2.20 - Tips charged on credit cards

Current through Register Vol. 46, No. 28, July 10, 2024
When tips are charged on credit cards, an employer is not
						required to pay the employee's pro-rated share of the service charge taken by
						the credit card company for the processing of the tip. The employer must return
						to the employee the full amount of the tip charged on the credit card, minus
						the pro-rated portion of the tip taken by the credit card company.
Example
The bill totals $100 exactly. The customer leaves, on
						their credit card, the $100 payment of the bill, as well as a $20 tip. Both the
						tip and the bill must be processed through a credit card company which charges
						a 5 percent fee on all transactions. The total charge levied by the credit card
						company on the $120 charge is $6. Of that $6, $5 is for the bill (5 percent of
						$100) and $1 is for the tip (5 percent of $20). The employer must provide the
						employee $19, which represents the $20 tip minus $1 pro-rated employee's
						portion of the surcharge).
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 146-3 - DEFINITIONS › Section 146-3.1 - Hospitality industry

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
					 term
hospitality industry
includes any restaurant or hotel, as
					 defined herein.
(b) The term
restaurant
includes any eating or drinking place that prepares
					 and offers food or beverage for human consumption either on any of its premises
					 or by such service as catering, banquet, box lunch, curb service or counter
					 service to the public, to employees, or to members or guests of members, and
					 services in connection therewith or incidental thereto. The term
restaurant
includes but is not limited to restaurant
					 operations of other types of establishments, restaurant concessions in any
					 establishment and concessions in restaurants.
(c) The term
hotel
includes:
(1) any establishment which as a whole or
					 part of its business activities offers lodging accommodations for hire to the
					 public, to employees, or to members or guests of members, and services in
					 connection therewith or incidental thereto. The industry includes but is not
					 limited to commercial hotels, apartment hotels, resort hotels, lodging houses,
					 boarding houses, all-year hotels, furnished room houses, children's camps,
					 adult camps, tourist camps, tourist homes, auto camps, motels, residence clubs,
					 membership clubs, dude ranches, and spas and baths that provide
					 lodging.
(2) An
all-year
					 hotel
is one that does not qualify as a resort hotel under the
					 definition below. Motor courts, motels, cabins, tourist homes, and other
					 establishments serving similar purposes shall be classified as all-year hotels
					 unless they specifically qualify as resort hotels in accordance with the
					 definition below.
(3) A
resort hotel
is one which offers lodging accommodations of a
					 vacational nature to the public or to members or guests of members, and which:
(i) operates for not more than seven months
					 in any calendar year; or
(ii) being
					 located in a rural community or in a city or village of less than 15,000
					 population, increased its number of employee workdays during any consecutive
					 four-week period by at least 100 percent over the number of employee workdays
					 in any other consecutive four-week period within the preceding calendar year;
					 or
(iii) being located in a rural
					 community or in a city or village of less than 15,000 population, increased its
					 number of guest days during any consecutive four-week period by at least 100
					 percent over the number of guest days in any other consecutive four-week period
					 within the preceding calendar year.
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 146-3 - DEFINITIONS › Section 146-3.2 - Employee

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Employee
means any individual suffered or permitted to work in
					 the hospitality industry by the operator of the establishment or by any other
					 employer, except as provided below.
(b)
Employee
does not
					 include any individual employed by a Federal, State or municipal government or
					 political subdivision thereof.
(c)
Employee
also does not include any individual permitted to
					 work in, or as:
(1) an executive,
					 administrative or professional capacity:
(i)
					 executive.
Work in a bona fide executive capacity
means work
					 by an individual:
(a) whose primary duty
					 consists of the management of the enterprise in which such individual is
					 employed or of a customarily recognized department or subdivision
					 thereof;
(b) who customarily and
					 regularly directs the work of two or more other employees therein;
(c) who has the authority to hire or fire
					 other employees or whose suggestions and recommendations as to the hiring or
					 firing and as to the advancement and promotion or any other change of status of
					 other employees will be given particular weight;
(d) who customarily and regularly exercises
					 discretionary powers; and
(e) who
					 is paid for his services a salary, inclusive of board, lodging or other
					 allowances and facilities, of at least the amounts listed below when working
					 in:
(1) New York City for:
(i) Large employers of 11 or more employees:
$825.00 per week on and after December 31, 2016;
$975.00 per week on and after December 31, 2017;
$1,125.00 per week on and after December 31, 2018;
(ii) Small employers of 10 or
					 fewer employees:
$787.50 per week on and after December 31, 2016;
$900.00 per week on and after December 31, 2017;
$1,012.50 per week on and after December 31, 2018;
$1,125.00 per week on and after December 31, 2019;
(2) Remainder of
					 downstate (Nassau, Suffolk and Westchester counties):
$750.00 per week on and after December 31, 2016;
$825.00 per week on and after December 31, 2017;
$900.00 per week on and after December 31, 2018;
$975.00 per week on and after December 31, 2019;
$1,050.00 per week on and after December 31, 2020;
$1,125.00 per week on and after December 31, 2021;
(3) Remainder of state (outside of
					 New York City, Nassau, Suffolk and Westchester counties)
$727.50 per week on and after December 31, 2016;
$780.00 per week on and after December 31, 2017;
$832.00 per week on and after December 31, 2018;
$885.00 per week on and after December 31, 2019;
$937.50 per week on and after December 31, 2020;
$990.00 per week on and after December 31, 2021;
$1,064.25 per week on and after December 31, 2022.
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 146-3 - DEFINITIONS › Section 146-3.3 - Service employee and non-service employee

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
service employee
is an
					 employee, other than a food service worker or fast food employee, who
					 customarily receives tips at or above the tip threshold rate listed in section
					 146-1.3(a) 
					 of this Part.
(b) A
non-service employee
is any employee other than a service
					 employee or a food service worker.
(c) Classification as a service employee or
					 as a non-service employee shall be on a weekly basis except that an employee
					 may not be classified as a service employee on any day in which she or he has
					 been assigned to work at an occupation in which tips are not customarily
					 received for two hours or more or for more than 20 percent of her or his shift,
					 whichever is less.
(d) The employer
					 shall have the burden of proof that an employee receives sufficient tips to be
					 classified as a service employee.
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 146-3 - DEFINITIONS › Section 146-3.4 - Food service worker

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
food service worker
is any employee who is primarily engaged
					 in the serving of food or beverages to guests, patrons or customers in the
					 hospitality industry, including, but not limited to, wait staff, bartenders,
					 captains and bussing personnel; and who regularly receives tips from such
					 guests, patrons or customers. The term
food service worker
shall not include delivery workers.
(b) Classification as a food service worker
					 shall be on a weekly basis except that an employee may not be classified as a
					 food service worker on any day in such week in which she or he has been
					 assigned to work in an occupation in which tips are not customarily received
					 for two hours or more or for more than 20 percent of her or his 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 146-3 - DEFINITIONS › Section 146-3.5 - Regular rate of pay

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The term
regular rate
shall mean the amount that the employee is
					 regularly paid for each hour of work, before subtracting a tip credit, if
					 any.
(b) If an employer fails to
					 pay an employee an hourly rate of pay, the employee's regular hourly rate of
					 pay shall be calculated by dividing the employee's total weekly earnings, not
					 including exclusions from the regular rate, by the lesser of 40 hours or the
					 actual number of hours worked by that employee during the work week.
Exclusions from the regular rate
are
						gifts and discretionary bonuses, fringe benefits pay, expense reimbursement,
						profit-sharing and savings-plan payments, employer contributions to benefit
						plans, premium pay for hours worked above 8 hours a day or 40 hours a week or
						above normal daily or weekly standards, premium pay for time and one half (or
						greater) rates paid for Saturday, Sunday, holiday, day of rest, sixth or
						seventh day worked, and premium pay for work outside of a contractual daily
						period not exceeding 8 hours or a contractual weekly period not exceeding 40
						hours. The premium pay mentioned above shall be credited towards overtime pay
						due.
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 146-3 - DEFINITIONS › Section 146-3.6 - Working time

Current through Register Vol. 46, No. 28, July 10, 2024
Working time
means time worked or time
						of permitted attendance, including waiting time, whether or not work duties are
						assigned, or time an employee is required to be available for work at a place
						or within a geographical area prescribed by the employer such that the employee
						is unable to use the time productively for his or her own purposes, and time
						spent in traveling as part of the duties of the employee.
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 146-3 - DEFINITIONS › Section 146-3.7 - Meal

Current through Register Vol. 46, No. 28, July 10, 2024
(a) 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:
(1)
					 fruits or vegetables;
(2) grains or
					 potatoes;
(3) eggs, meat, fish,
					 poultry, dairy, or legumes; and
(4)
					 tea, coffee, milk or juice.
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 146-3 - DEFINITIONS › Section 146-3.8 - Lodging

Current through Register Vol. 46, No. 28, July 10, 2024
Lodging
means living accommodations used
						by the employee which meet generally accepted standards of adequacy and
						sanitation. All lodging provided by an employer to an employee must comply with
						all community standards for housing. For purposes of this Part,
community standards
shall mean all applicable State, county
						and local health or housing codes. The employer shall have the burden of proof
						that provided lodging complies with community standards.
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 146-3 - DEFINITIONS › Section 146-3.9 - 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.
						Interruption of working hours for a meal period of one hour or less does not
						constitute a split shift.
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 146-3 - DEFINITIONS › Section 146-3.10 - Required uniform

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
required uniform
is that clothing required to be worn while
					 working at the request of an employer, or to comply with any Federal, State,
					 city or local law, rule, or regulation, except clothing that may be worn as
					 part of an employee's ordinary wardrobe.
(b)
Ordinary wardrobe
shall
					 mean ordinary basic street clothing selected by the employee where the employer
					 permits variations in details of dress.
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 146-3 - DEFINITIONS › Section 146-3.11 - Week of work

Current through Register Vol. 46, No. 28, July 10, 2024
A
week of work
is a fixed and regularly
						recurring period of 168 hours - 7 consecutive 24 hour periods. It need not
						coincide with the calendar week but may begin on any day and at any hour of the
						day. For purposes of computing pay due under this Part, a single workweek may
						be established for an establishment as a whole or different workweeks may be
						established for different employees or groups of employees. Once the beginning
						time of an employee's workweek is established, it remains fixed regardless of
						the schedule of hours worked by him or her. The beginning of the workweek may
						be changed if the change is intended to be permanent and is not designed to
						evade the overtime requirements of this Part.
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 146-3 - DEFINITIONS › Section 146-3.12 - Hourly tip rates

Current through Register Vol. 46, No. 28, July 10, 2024
The term
tips received
, as used in
						section
						146-1.3  of
						this Part, and the term
receives tips
, as used in sections
						146-3.3
						and
						146-3.4  of
						this Part, shall mean the hourly rate that results when the total amount of
						tips received by a tipped employee during a week of work are divided by the
						total working time of such worker during that week of work. The total amount of
						tips received shall be the net amount of tips received after adjustments for
						tip pooling, tip sharing, and credit card charges pursuant to sections
						146-2.14,
						146-2.15,
						146-2.16
						and
						146-2.20 
						of this Part.
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 146-3 - DEFINITIONS › Section 146-3.13 - Fast food employee

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Fast food employee
shall
					 mean any person employed or permitted to work at or for a fast food
					 establishment by any employer where such person's job duties include at least
					 one of the following: customer service, cooking, food or drink preparation,
					 delivery, security, stocking supplies or equipment, cleaning, or routine
					 maintenance.
(b)
Fast food
					 establishment
shall mean any establishment in the State of New York:
(1) which has as its primary purpose serving
					 food or drink items;
(2) where
					 patrons order or select items and pay before eating and such items may be
					 consumed on the premises, taken out, or delivered to the customer's
					 location;
(3) which offers limited
					 service;
(4) which is part of a
					 chain; and
(5) which is one of 30
					 or more establishments nationally, including:
(i) an integrated enterprise which owns or
					 operates 30 or more such establishments in the aggregate nationally;
					 or
(ii) an establishment operated
					 pursuant to a franchise where the franchisor and the franchisee(s) of such
					 franchisor owns or operates 30 or more such establishments in the aggregate
					 nationally.
Fast food establishment
shall include such
					 establishments located within non-fast food establishments.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter II - DIVISION OF LABOR STANDARDS › Subchapter C - Industrial Homework › Part 160 - Restriction Of Homework In All Industries › Section 160.1 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
This regulation implements the legislative intent of
					 article 13 of the Labor Law which requires strict control and gradual
					 elimination of homework. It establishes procedures for the issuance of employer
					 permits and homeworker certificates and provisions for the suspension and
					 revocation of the permits and certificates. The regulation also establishes a
					 procedure for the issuance of variations.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter II - DIVISION OF LABOR STANDARDS › Subchapter C - Industrial Homework › Part 160 - Restriction Of Homework In All Industries › Section 160.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
As used in this regulation, the term:
(a) Commissioner shall mean the Commissioner
				  of Labor.
(b) Clerical work shall
				  mean typing, stenciling, transcribing, copying, bookkeeping and stenographic
				  work, but shall not include inserting, collating, labeling, nesting, sorting,
				  stamping or similar work.
(c)
				  Employer shall mean any person who either directly or through an employee,
				  agent, independent contractor, or any other person, delivers or causes to be
				  delivered to another person, any materials to be manufactured in a home, and
				  which are thereafter to be returned to said person, not for the personal use of
				  said person or a member of said person's family, or to be delivered, mailed or
				  shipped to others.
(d) Home shall
				  mean a room or apartment in any house.
(e) Homework shall mean the manufacturing in
				  a home, in whole or in part, with or of material which has been furnished by an
				  employer, of any article or articles to be returned to said employer, or to be
				  delivered, mailed or delivered to others, but shall not include clerical work
				  performed in a home.
(f) Homeworker
				  shall mean any person who performs homework.
(g) Homework contractor or distributor shall
				  mean any person who for the account or benefit of an employer delivers to a
				  homeworker or any other person not engaged by such employer articles or
				  materials to be manufactured in a home and thereafter to be returned to said
				  person or otherwise disposed of in accordance with his direction.
(h) House shall mean any building in which
				  one or more persons regularly sleep, and shall include outbuildings upon
				  premises which include such building.
(i) Industrial establishment shall mean any
				  premises, not in connection with a home, in which employees are engaged in work
				  subject to this regulation.
(j)
				  Manufacture, manufacturing, manufactured or making includes preparation,
				  alteration, repair or finishing, in whole or in part, or handling in any
				  way.
(k) On a full time basis shall
				  mean 30 hours or more in a calendar week.
(l) Person includes an individual, firm,
				  partnership, cooperative, association, or corporation.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter II - DIVISION OF LABOR STANDARDS › Subchapter C - Industrial Homework › Part 160 - Restriction Of Homework In All Industries › Section 160.3 - Employer permits

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No employer
				  shall distribute or cause to be distributed homework unless said employer holds
				  a permit for such distribution issued by the commissioner.
(b) An application for a permit shall be made
				  upon a form prescribed by the commissioner and shall contain such information
				  as the commissioner finds necessary to effectuate the purposes of article 13 of
				  the Labor Law and of this regulation.
(c) No permit shall be issued to any employer
				  who, on the effective date of this order, did not possess an unexpired permit
				  previously issued by the commissioner.
(d) No permit shall be issued unless such
				  employer maintained an industrial establishment which employs at least one
				  employee, exclusive of the spouse or child of the employer, on a full time
				  basis, performing similar operations as those to be performed by a homeworker
				  and such permit shall not authorize the distribution of homework during any
				  week when less than one full time employee is so employed.
(e) No employer holding a permit shall
				  distribute homework to any homeworker who does not possess a valid homeworker
				  certificate permitting employment by such employer and unless he maintains a
				  copy of such certificate on file in his industrial establishment.
(f) An employer holding a permit shall
				  distribute homework directly to his homeworkers and only from the industrial
				  establishment shown on the permit.
(g) An employer shall not use the services of
				  a homework contractor or distributor.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter II - DIVISION OF LABOR STANDARDS › Subchapter C - Industrial Homework › Part 160 - Restriction Of Homework In All Industries › Section 160.4 - Homeworker certificates

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No
				  person shall perform homework unless he/she holds a valid homeworker
				  certificate issued by the commissioner.
(b) A homeworker certificate shall be issued
				  on the application of an employer who has a permit to distribute homework. Such
				  application shall be on a form prescribed by the commissioner and shall contain
				  such information as the commissioner finds necessary to effectuate the purposes
				  of article 13 of the Labor Law and this regulation.
(c) No homeworker certificate shall be issued
				  to, or be valid for, any person who is employed in an employers industrial
				  establishment.
(d) The number of
				  homeworker certificates that an employer may apply for shall not exceed the
				  number of unexpired certificates previously issued by the commissioner that the
				  employer possessed on the effective date of this regulation.
(e) In any industry covered by Federal
				  regulations governing homeworkers issued under the Fair Labor Standards Act,
				  the industrial homeworker shall, upon request, submit any unexpired Federal
				  certificate for the particular industry issued by the Wage and Hour Division of
				  the United States Department of Labor.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter II - DIVISION OF LABOR STANDARDS › Subchapter C - Industrial Homework › Part 160 - Restriction Of Homework In All Industries › Section 160.5 - Special homeworker certificates

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A special homeworker certificate may be
				  issued to a homeworker who the commissioner finds is unable to work in an
				  industrial establishment because of age, physical or mental disability, or the
				  care of an invalid.
(b) All of the
				  provisions of this regulation applicable to homeworker certificates shall be
				  applicable to such special homeworker certificates.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter II - DIVISION OF LABOR STANDARDS › Subchapter C - Industrial Homework › Part 160 - Restriction Of Homework In All Industries › Section 160.6 - General provisions

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Limitation on amount of homework. The maximum amount of homework which may be
				  given to a homeworker shall not exceed the average amount produced by employees
				  working on similar operations in the employer's industrial establishment. There
				  shall be a presumption of noncompliance with this provision if the average
				  weekly wages of a homeworker exceeds the average weekly wage of employees
				  performing similar operations in the employer's industrial
				  establishment.
(b) Rates of pay to
				  homeworkers. A homeworker shall be paid at least the same piece or hourly rate
				  as employees working on similar operations in the employer's industrial
				  establishment.
(c) Transportation.
				  Delivery and return of all homework shall be made by the employer without any
				  charge to the homeworker. If the homeworker transports the homework to or from
				  the employer, or mails or ships it to others, the employer shall compensate or
				  reimburse the homeworker for expenses necessarily incurred.
(d) Homeworkers.
(1) A homeworker shall hold only one
				  effective certificate at a time and shall work only for the employer named on
				  the certificate.
(2) No homeworker
				  shall be employed in an employer's industrial establishment.
(3) Homework shall be performed only in the
				  home in which the homeworker resides.
(4) The homeworker shall not permit a minor
				  or any other person to assist in any way with the homework.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter II - DIVISION OF LABOR STANDARDS › Subchapter C - Industrial Homework › Part 160 - Restriction Of Homework In All Industries › Section 160.7 - Variations

Current through Register Vol. 46, No. 28, July 10, 2024
If there shall be unnecessary and unusual hardship in the
					 carrying out of the provisions of this regulation, the commissioner may, after
					 appropriate investigation, make a variation from such provision, if the intent
					 of this regulation and article 13 of the Labor Law is observed. Any person
					 affected by this regulation may petition the commissioner for such variation,
					 stating in writing the grounds therefor.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter II - DIVISION OF LABOR STANDARDS › Subchapter D - Hours Of Labor › Part 175 - Operators Of Motor Trucks And/or Motor Buses › Section 175.1 - Application

Current through Register Vol. 46, No. 28, July 10, 2024
Section 167  of the Labor Law and this Part include
					 in their application the owner, lessee and bailee of a motor truck and/or motor
					 bus who operates such vehicle himself.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter II - DIVISION OF LABOR STANDARDS › Subchapter D - Hours Of Labor › Part 175 - Operators Of Motor Trucks And/or Motor Buses › Section 175.2 - Daily time record required

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  The Industrial Commissioner has prescribed and made part of these regulations
				  the form of the daily time record required to be kept. A sample copy of such
				  form may be obtained by addressing the Industrial Commissioner at the State
				  Office Building, in either Albany or New York City.
(b) Any other form of daily time record may
				  be used, however, provided that the information contained therein conforms to
				  the information required in the form prescribed by the Industrial
				  Commissioner.
(c) The form
				  obtainable from the Industrial Commissioner is a sample. It shall be the
				  responsibility of the employer to furnish forms at his own expense for the use
				  of drivers.
(d) The size of such
				  form shall be approximately five and one-quarter inches by seven and one-half
				  inches.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter II - DIVISION OF LABOR STANDARDS › Subchapter D - Hours Of Labor › Part 175 - Operators Of Motor Trucks And/or Motor Buses › Section 175.3 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) On duty. A
				  driver is on duty from the time he begins to work or is required to be in
				  readiness for work until the time he is relieved from work and all
				  responsibility for performing work, and includes time for meals.
(b) Driving time. The term driving time
				  includes all time spent on a moving vehicle and any interval not in excess of
				  10 minutes in which a driver is on duty but not on a moving vehicle.
(c) Off duty. The term off duty means free
				  and off the motor truck and/or motor bus and free from work of any kind in such
				  places and under such circumstances that rest and relaxation from the strain of
				  the duties of employment may be obtained. Time spent by a driver in a sleeper
				  berth in such vehicle shall not be considered off duty, but shall be considered
				  time on duty.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter II - DIVISION OF LABOR STANDARDS › Subchapter D - Hours Of Labor › Part 175 - Operators Of Motor Trucks And/or Motor Buses › Section 175.4 - Driver to fill out daily time record

Current through Register Vol. 46, No. 28, July 10, 2024
A driver of a motor truck and/or motor bus shall daily fill
					 out and keep the daily time record form:
(a) Immediately upon going on duty such
				  driver shall fill in on the daily time record the date, vehicle license number,
				  name of carrier, carrier's main office and terminal address, and the time and
				  starting point or place the driver goes on duty.
(b) Thereafter, the driver shall show on the
				  daily time record the actual period or periods during the calendar day spent in
				  the activities specified on lines 1 (off-duty), 2 (sleeper berth), 3 (driving)
				  and 4 (on duty--not driving), by drawing a continuous line between the
				  appropriate time markers. Immediately before each change in duty status, he
				  shall continue the existing continuous line by drawing a vertical line into the
				  area of the new duty status.
(c)
				  When his day's duty is completed, the driver shall fill out all other
				  information required in the form, and shall sign his name in full in the
				  appropriate place to certify that the entries are true and correct. The
				  employer or his responsible agent shall then indicate his knowledge that this
				  has been done by signing his name on the form in the appropriate
				  place.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter II - DIVISION OF LABOR STANDARDS › Subchapter D - Hours Of Labor › Part 175 - Operators Of Motor Trucks And/or Motor Buses › Section 175.5 - Limit of on duty time

Current through Register Vol. 46, No. 28, July 10, 2024
When a driver of a motor truck and/or motor bus has been on
					 duty for 14 hours in any consecutive 24 hour period, which time on duty shall
					 include time for meals, even though part of such time shall be outside the
					 State of New York, he shall not continue or again go on duty without having at
					 least eight consecutive hours off duty. A release from duty of less than one
					 hour shall not be deemed to break the continuity of time on
					 duty.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter II - DIVISION OF LABOR STANDARDS › Subchapter D - Hours Of Labor › Part 175 - Operators Of Motor Trucks And/or Motor Buses › Section 175.6 - Limit of driving time

Current through Register Vol. 46, No. 28, July 10, 2024
When a driver of a motor truck and/or motor bus shall have
					 had 10 hours driving time within a consecutive period of 14 hours, he shall not
					 continue or again go on duty without having at least eight consecutive hours
					 off duty. In no event shall a driver have more than 60 hours driving time in a
					 calendar week.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter II - DIVISION OF LABOR STANDARDS › Subchapter D - Hours Of Labor › Part 175 - Operators Of Motor Trucks And/or Motor Buses › Section 175.7 - Minimum rest in calendar week

Current through Register Vol. 46, No. 28, July 10, 2024
Every driver of a motor truck and/or motor bus shall be
					 allowed at least 24 consecutive hours of rest in every calendar
					 week.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter II - DIVISION OF LABOR STANDARDS › Subchapter D - Hours Of Labor › Part 175 - Operators Of Motor Trucks And/or Motor Buses › Section 175.8 - Driver returning to home

Current through Register Vol. 46, No. 28, July 10, 2024
Nothing in this Part prohibits an operator of a motor bus
					 upon completion of the statutory limit of driving time or on duty time from
					 returning to his home as a passenger upon a bus owned and operated by his
					 employer, provided that he is furnished with the same accommodations as other
					 passengers, and provided that after using such accommodations he goes off duty
					 for eight consecutive hours.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter II - DIVISION OF LABOR STANDARDS › Subchapter D - Hours Of Labor › Part 175 - Operators Of Motor Trucks And/or Motor Buses › Section 175.9 - Delays caused by unforeseen cause

Current through Register Vol. 46, No. 28, July 10, 2024
Delays caused by accident, act of God or other unforeseen
					 cause are extraordinary occurrences which could not be foreseen or prevented.
					 Such delays do not include routine performance of services as are incidental to
					 employment.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter II - DIVISION OF LABOR STANDARDS › Subchapter D - Hours Of Labor › Part 175 - Operators Of Motor Trucks And/or Motor Buses › Section 175.10 - Employer to display regulations

Current through Register Vol. 46, No. 28, July 10, 2024
Every owner, lessee and bailee of a motor truck and/or
					 motor bus, and every employer of a driver who operates such vehicle shall
					 prominently display a copy of section 167  of the Labor Law and this Part in each
					 garage, warehouse or terminal used by him within the State of New
					 York.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter II - DIVISION OF LABOR STANDARDS › Subchapter D - Hours Of Labor › Part 175 - Operators Of Motor Trucks And/or Motor Buses › Section 175.11 - Form of daily time record

Current through Register Vol. 46, No. 28, July 10, 2024
The following is the form of the daily time record referred
					 to herein:
Image
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter II - DIVISION OF LABOR STANDARDS › Subchapter D - Hours Of Labor › Part 176 - Employment Of Females Over 21 In Dining Rooms And Kitchens Of Restaurants › Section 176.1 - Granting and continuation of permits

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No permit shall be granted or continued
				  in effect unless the women's work is limited to duty in the dining rooms and
				  kitchens of the restaurant.
(b) No
				  permit shall be granted or continued in effect unless it is known that adequate
				  transportation is available to and from the establishment between the hours of
				  midnight and six o'clock in the morning.
(c) No permit shall be granted or continued
				  in effect unless proper supervision is maintained at the establishment, and
				  unless there exist adequate safeguards for protecting the health and welfare of
				  the women.
(d) No permit shall be
				  continued in effect for an employer when it is found that the women working
				  after midnight for such employer are working in excess of the statutory daily
				  and weekly hours allowed. But this prohibition shall not hold in instances in
				  which the employer has been granted a dispensation, under the Defense Emergency
				  Act, to allow extended hours for women.
(e) No permit shall be granted or continued
				  in effect if the employer is not in substantial compliance with all the
				  provisions of the Labor Law, particularly those relating to the health and
				  welfare of women.
(f) No permit
				  shall be granted if the facts indicate that the sole purpose of the employer is
				  the replacement of men by women who are to be paid lower rates of pay than
				  those paid to the men.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter II - DIVISION OF LABOR STANDARDS › Subchapter D - Hours Of Labor › Part 176 - Employment Of Females Over 21 In Dining Rooms And Kitchens Of Restaurants › Section 176.2 - Revocation of permits

Current through Register Vol. 46, No. 28, July 10, 2024
The Industrial Commissioner may revoke a permit for either
					 of the following reasons:
(a) the
				  making of false material statements in the application for the
				  permit;
(b) the occurrence of
				  incidents, or the existence of circumstances related to the employment of women
				  during the specified hours which are detrimental to the health and welfare of
				  such women.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter II - DIVISION OF LABOR STANDARDS › Subchapter D - Hours Of Labor › Part 177 - Restrictions On Consecutive Hours Of Work For Nurses › Section 177.1 - Application

Current through Register Vol. 46, No. 28, July 10, 2024
In accordance with Labor Law, section
					 167, this Part shall apply to health care
					 employers, who shall be prohibited from assigning mandatory overtime to nurses
					 except in certain circumstances as described in this
					 regulation.