PART137s-1

PART137s-1 - STATE OF NEW YORK DEPARTMENT OF LABOR Minimum...

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STATE OF NEW YORK DEPARTMENT OF LABOR Minimum Wage Order for the Restaurant Industry Part 137 of Title 12 of Official Compilation of Codes, Rules and Regulations Effective July 24, 2009 Promulgated by the Commissioner of Labor Pursuant to the Minimum Wage Act (Article 19 of the New York State Labor Law) Statutory authority: Labor Law, Article 2, § 21 (11) and Article 19, § 652
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2 PART 137 RESTAURANT INDUSTRY Subpart 137-1 Minimum Wage and Allowances Subpart 137-2 Regulations Subpart 137-3 Definitions SUBPART 137-1 MINIMUM WAGE AND ALLOWANCES Section 137-1.1 Application 137-1.2 Basic minimum hourly wage rates 137-1.3 Overtime hourly rate 137-1.4 Tip allowance for service employees 137-1.5 Tip allowance for food service worker 137-1.6 Call-in pay rate 137-1.7 Additional rate for spread of hours 137-1.8 Rate for required uniforms 137-1.9 Allowances for meals and lodging § 137-1.1 Application . Every employer in the restaurant industry shall pay to each employee, as defined in this Part, not less than the minimum wage rates provided in this Part. § 137-1.2 Basic minimum hourly wage rates . The basic minimum hourly rate shall be: (a) $5.15 per hour on and after March 31, 2000; (b) $6.00 per hour on and after January 1, 2005; (c) $6.75 per hour on or after January 1, 2006; (d) $7.15 per hour on and after January 1, 2007; (e) $7.25 per hour on and after July 24, 2009; or, if greater, such other wage as may be established by Federal law pursuant to 29 U.S.C. section 206 or any successor provisions. § 137-1.3 Overtime hourly rate. An employer shall pay an employee for overtime at a wage rate of 1 1/2 times the employee's regular rate for hours worked in excess of 40 hours in one workweek. § 137-1.4 Tip allowance for service employees. (a) Allowance for tips shall not exceed:
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3 (1) On and after March 31, 2000, $1.15 an hour for an employee whose average of tips received is between $1.15 and $1.65 per hour; $1.65 per hour for an employee whose average tips received is $1.65 per hour or more; (2) On and after January 1, 2005, $1.35 an hour for an employee whose average of tips received is between $1.35 and $1.90 per hour; $1.90 per hour for an employee whose average of tips received is $1.90 per hour or more; (3) On and after January 1, 2006, $1.50 an hour for an employee whose average of tips received is between $1.50 and $2.15 per hour; $2.15 per hour for an employee whose average of tips received is $2.15 per hour or more; (4) On and after January 1, 2007, $1.60 an hour for an employee whose average of tips received is between $1.60 and $2.30 per hour; $2.30 per hour for an employee whose average of tips received is $2.30 per hour or more; (5) On and after July 24, 2009, $1.60 per hour for an employee whose average of tips received is between $1.60 and $2.35 per hour; $2.35 per hour for an employee whose average of tips received is $2.35 per hour or more. (b) No allowance for tips or gratuities shall be permitted for an employee whose weekly average of tips is less than: (1) $1.15 per hour on and after March 31, 2000; (2) $1.35 per hour on and after January 1, 2005; (3) $1.50 per hour on and after January 1, 2006; and (4) $1.60 per hour on and after January 1, 2007.
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This note was uploaded on 03/08/2011 for the course MGF 3620 taught by Professor Branson during the Fall '07 term at FIU.

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PART137s-1 - STATE OF NEW YORK DEPARTMENT OF LABOR Minimum...

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