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PART 480

ARTICLE 2

RULES OF THE INDUSTRIAL COMMISSIONER

PART 480 - REMUNERATION
(Statutory authority: Labor Law § 517, 530; Article 18)

Section 480.1
Value of board and lodging
Section 480.2
Tips of beauty parlor operators
Section 480.3
Tips of garage, gas station and parking lot attendants
Section 480.4
Tips of service employees in restaurants
Section 480.5
Tips of dining room employees in American Plan hotels and in eating clubs
Section 480.6
Tips of hotel service employees
Section 480.7
Tips of taxicab drivers
Section 480.8
Tips of employees in barber shops
Section 480.9
Tips of baggage porters in bus and airline terminals
Section 480.10
Tips of pinboys at bowling alleys
Section 480.11
Tips for checkroom attendants
Section 480.12
Tips of maritime service employees

§480.1 Value of board and lodging.

Section 517 of the Unemployment Insurance Law provides that the reasonable money value of board, rent, housing, lodging or similar advantage furnished by employers to their employees constitutes remuneration.

In the absence of evidence furnished to the commissioner pursuant to subdivisions (c) and (d) of this section, the reasonable money value of board and lodgings shall be the greater of:

each meal $1.15
lodging, per night $1.85

the money value used by an employer for compliance with New York Minimum Wage Orders (12 NYCRR Chapter II, Subchapters B and F).

A lower money value may be used if an employer shows to the commissioner's satisfaction that the values prescribed in subdivision (b) of this section are in excess of the actual value.

A higher money value may be used if an employee shows to the commissioner's satisfaction that the values prescribed in subdivision (b) of this section are less than the actual value.

Historical note: Section repealed, new filed February 1, 1984 effective April 1, 1984.

 

§480.2 Tips of beauty parlor operators.

For the purposes of this section, the term beauty parlor operator includes all employees of any employer performing personal service on female customers in operations useful to the care, cleansing, or beautification of the hair, nails or skin, or in the enhancement of personal appearance and in operations incidental thereto; but it excludes maids, receptionists, physical training instructors, nurses, desk clerks, office workers and other employees not performing the aforementioned operations.

No value of gratuities or tips need be included in the amount of remuneration as defined in section 517 of the Unemployment Insurance Law if in a given beauty shop:

acceptance of tips or gratuities is not allowed;

customers are apprised by conspicuously displayed announcements or otherwise in writing, at or before the time bills for services are rendered to them, that acceptances of tips or gratuities is not allowed;

the owner adopts reasonable means to insure that tips or gratuities are not received by his employees; and

the owner submits to the Department of Labor a sworn statement setting forth that his employees are not allowed to accept tips or gratuities and describing the methods adopted by him in order to obtain compliance with this prohibition by customers and employees.

The value of gratuities received by beauty parlor operators, except as otherwise provided under subdivision (b) of this section, is hereby determined to be an amount equal to 10 per centum of the wages paid to them by their employers.

Historical note: Section amendment filed September 10, 1974, effective immediately. Amended (b)(4)

§480.3 Tips of garage, gas station and parking lot attendants.

The value of gratuities or tips received by employees engaged as attendants in garages, gas stations and parking lots shall be determined as follows:

Such value shall be equal to the amount certified by each employee in a signed statement to his employer as received in the form of gratuities or tips, which statement shall be retained by the employer and submitted to the Department of Labor upon request.

No gratuities or tips shall be deemed received for the purpose of this section if such statement is not submitted by an employee.

Employers shall give notice to each of their employees of the privilege to certify the amount of gratuities or tips received by him in a signed statement as herein provided. Such notice shall include information or the fact that no tips or gratuities shall be deemed received in the event such statements are not submitted.

Historical note: Section amendment filed September 10, 1974, effective immediately. Amended (a)(1)

§ 480.4 Tips of service employees in restaurants.

The following definition of terms shall apply to this section:

The term restaurant means any eating or drinking place where food or beverages for human consumption on the premises are offered, including places whose patrons, in whole or in part, consist of members of any club, association or similar organization, but excluding places where patrons pay a fixed amount for meals over any given period of time, not dependent upon the number of meals actually taken.

The term service employee means any employee whose duties relate to the serving of food or beverages, or both, in a restaurant, or to the performance of duties incidental thereto.

The value of gratuities or tips received by a service employee is hereby determined to be as follows:

Such value, except as provided in subdivision (c) of this section, shall be:

equal to the amount certified by each employee to his employer in a signed statement as received in the form of gratuities or tips, which statement shall be retained by the employer and submitted to the Department of Labor upon request; or

if such statement has not been submitted by an employee, equal to seven and one-half per centum of the amount charged for food and beverages served by all such employees, except that such value shall be five per centum of such amount in regard to food and beverages served at counters and in drug stores. The amount charged for food and beverages served by all such employees shall be established on the basis of an allocation to them of a reasonably calculated proportion of the total charges for food and beverages served by all service employees. Such value shall be established for each such employee by allocating to him a reasonably calculated proportion of such value as established for all such employees.

If an employer adds to each patron's bill a definite service charge for the benefit of his employees, such value shall be equal to the total amount of such service charge. This value shall be in addition to a value if any, established under paragraph (1) of this subdivision.

In regard to service employees serving catered or banquet meals, such value shall be 100 percent of their cash wages, notwithstanding any other provision of this subdivision, except that no gratuities or tips shall be deemed received if no tipping by collection or otherwise is permitted and the employer submits a sworn statement to this effect to the Department of Labor.

No gratuities or tips shall be deemed received for the purposes of paragraph (1) of subdivision (b) of this section if:

acceptance of tips or gratuities is prohibited by the employer, and

patrons are apprised by conspicuously displayed announcements or otherwise in writing, at or before the time bills for food and beverages served are rendered to them that acceptance of tips or gratuities by service employees is prohibited, and

the employer adopts reasonable means to insure that tips or gratuities are not received by his employees, and

the employer submits to the Department of Labor a sworn statement setting forth that his employees are not allowed to accept tips or gratuities and describing the methods adopted by him in order to obtain compliance with this prohibition by patrons and employees.

Employers shall give notice to each of their service employees of the privilege to certify the amount of gratuities or tips received by him in a signed statement as provided in subparagraph (i) of paragraph (1) of subdivision (b) of this section. Such notice shall include information on the percentage of charges for food and beverages and on the method of calculation which will be used in reporting the value of tips or gratuities in the event that such statements are not submitted.

Historical note: Section amendment filed September 10, 1974, effective immediately. Changed "Division of Employment" to "Department of Labor" in (b)(1)(d), (c)(4)

§ 480.5 Tips of dining room employees in American plan hotels and in eating clubs.

The following definitions of terms shall apply to this section:

The term American plan hotel means an establishment where the majority of patrons pay fixed charges for room and meals for fixed periods of time, not dependent upon the meals actually taken.

The term eating club means any eating place where food for human consumption on the premises is offered and where patrons pay a fixed amount for meals over any given period of time, not dependent upon the number of meals actually taken.

The value of gratuities or tips received by an employee whose duties relate to the serving of food in an American plan hotel or an eating club, or to the performance of duties incidental thereto, is hereby determined to be as follows:

Such value shall be equal to the amount certified by each employee in a signed statement to his employer as received in the form of gratuities or tips, which statement shall be retained by the employer and submitted to the Department of Labor upon request.

If such statement is not submitted by an employee, such value shall be equal to:

two dollars per day for waiters and waitresses;

one dollar per day for busboys.

No gratuities or tips shall be deemed received for the purposes of this section, if:

acceptance of tips or gratuities is prohibited by the employer, and

patrons are apprised by conspicuously displayed announcements, or otherwise in writing when arrangements for the taking of meals are made, that acceptance of tips or gratuities by employees serving food is prohibited, and

the employer adopts reasonable means to insure that tips or gratuities are not received by his employees, and

the employer submits to the Department of Labor a sworn statement setting forth that his employees are not allowed to accept tips or gratuities and describing the methods adopted by him in order to obtain compliance with this prohibition by patrons and employees.

Employers shall give notice to each of their employees of the privilege to certify the amount of gratuities or tips received by him in a signed statement as herein provided. Such notice shall include information on the method of establishing the value of tips or gratuities in the event such statements are not submitted.

Historical note: Section amendment filed September 10, 1974, effective immediately. Changed "Division of Employment" to "Department of Labor" in (b)(1) and (c)(4)

§ 480.6 Tips of hotel service employees.

The following definition of terms shall apply to this section:

The term hotel means any establishment which is operated for the purpose of furnishing lodgings with chambermaid service.

The term hotel service employee means any person engaged by a hotel in any of the following occupations:

bellhops;

porters and baggage porters (any person employed by the hotel whose duties involve contact with the public and which relate to the handling and transportation of guests' luggage or baggage, and obtaining transportation for guests). This item does not include porters employed as housemen, cleaners, lobby porters, etc.;

chambermaids;

doormen.

The value of gratuities or tips received by a hotel service employee is hereby determined to be as follows:

Such value shall be equal to the amount certified by each hotel service employee in a signed statement to his employer as received in the form of gratuities or tips, which statement shall be retained by the employer and submitted to the Department of Labor upon request.

If such statement has not been submitted by a hotel service employee, such value shall be equal to:

bellhops, porters, baggage porters, doormen, two dollars per diem;

chambermaids, nil.

No gratuities or tips shall be deemed received for the purpose of this section, if:

acceptance of tips or gratuities is prohibited by the employer, and

patrons are apprised by conspicuously displayed announcements, or otherwise in writing when they register at the hotel, that acceptance of tips or gratuities by hotel service employees is prohibited, and

the employer adopts reasonable means to insure that tips or gratuities are not received by such employees, and

the employer submits to the Department of Labor a sworn statement setting forth that his employees are not allowed to accept tips or gratuities and describing the methods adopted by him in order to obtain compliance with this prohibition by patrons and employees.

Employers shall give notice to each of their hotel service employees of the privilege to certify the amount of gratuities or tips received by him in a signed statement as herein provided. Such notice shall include information on the method of establishing the value of tips or gratuities in the event such statements are not submitted.

Historical note: Section amendment filed September 10, 1974, effective immediately. Changed "Division of Employment" to "Department of Labor" in (b)(1) and (c)(4)

§ 480.7 Tips of taxicab drivers.

The value of gratuities or tips received by taxicab drivers shall be determined as follows:

Such value shall be equal to the amount certified by each employee upon a signed statement to his employer as received in the form of gratuities or tips, which statement shall be retained by the employer and submitted to the Department of Labor upon request.

If such statement is not submitted by an employee, such value shall be equal to:

twelve and one-half percent of the total bookings of a driver operating a taxicab in cities with population of 100,000 or more and in the counties of Westchester, and Nassau;

nine dollars per week for a driver operating a taxicab in localities other than those listed under subdivision (a) of this section;

three and one-half dollars for each round trip made by a driver of an automobile operating between New York City and vicinity and the Catskill mountains.

No gratuities or tips shall be deemed received for the purpose of this Section if:

acceptance of tips or gratuities is prohibited by the employer, and

patrons are apprised by conspicuously displayed announcements or otherwise in writing, at or before the time taxicab fares are collected that acceptance of tips or gratuities by the driver is prohibited, and

the employer adopts reasonable means to insure that tips or gratuities are not received by his employees, and

the employer submits to the Department of Labor a sworn statement setting forth that his employees are not allowed to accept tips or gratuities and describing the methods adopted by him in order to obtain compliance with this prohibition by patrons and employees.

Employers shall give notice to each of their employees of the privilege to certify the amount of gratuities or tips received by him in a signed statement as herein provided. Such notice shall include information on the method of establishing the value of tips or gratuities in the event such statements are not submitted.

Historical note: Section amendment filed September 10, 1974, effective immediately. Changed "Division of Employment" to "Department of Labor" in (a)(1) and (b)(4)

§ 480.8 Tips of employees in barber shops.

The value of gratuities or tips received by employees engaged by barber shops shall be determined as follows:

Such value shall be equal to the amount certified by each employee in a signed statement to his employer as received in the form of gratuities or tips, which statement shall be retained by the employer and submitted to the Department of Labor upon request.

If such statement is not submitted by an employee, such value shall be equal to:

fifteen percent of the cash wages received by a barber;

twenty-five percent of the cash wages received by a manicurist;

five cents with respect to each customer of the barber shop for employees shining shoes or brushing and otherwise attending to customer's clothes.

No gratuities or tips shall be deemed received for the purpose of this section, if:

acceptance of tips or gratuities is prohibited by the employer, and

customers are apprised by conspicuously displayed announcements or otherwise in writing, at or before the time bills for the services of barbers, manicurists and shoe shiners are rendered to them that acceptance of tips or gratuities by such employees is prohibited, and

the employer adopts reasonable means to insure that tips or gratuities are not received by his employees, and

the employer submits to the Department of Labor a sworn statement setting forth that his employees are not allowed to accept tips or gratuities and describing the methods adopted by him in order to obtain compliance with this prohibition by customers and employees.

Employers shall give notice to each of their employees of the privilege to certify the amount of gratuities or tips received by him in a signed statement as herein provided. Such notice shall include information on the method of establishing the value of tips or gratuities in the event such statements are not submitted.

Historical note: Section amendment filed September 10, 1974, effective immediately. Changed "Division of Employment" to "Department of Labor" in (a)(1) and (b)(4)

§ 480.9 Tips of baggage porters in bus and airline terminals.

The value of gratuities or tips received by employees engaged as baggage porters in bus or airline terminals shall be established as follows:

Such value shall be equal to the amount certified by each employee in a signed statement to his employer as received in the form of gratuities or tips, which statement shall be retained by the employer and submitted to the Department of Labor upon request.

If such statement is not submitted by an employee, such value shall be equal to:

two dollars per day if the employee worked as a baggage porter for at least seven hours on such day, or

thirty cents per hour during which the employee worked as a baggage porter on any day in the course of which he did not so work for at least seven hours.

No gratuities or tips shall be deemed received for the purposes of this section if:

acceptance of tips or gratuities is prohibited by the employer, and

passengers are apprised by conspicuously displayed announcements or otherwise in writing, at or before the time baggage is accepted for porter services that acceptance of tips or gratuities by porters is prohibited, and

the employer adopts reasonable means to insure that tips or gratuities are not received by baggage porters, and

the employer submits to the Department of Labor a sworn statement setting forth that the baggage porters are not allowed to accept tips or gratuities and describing the methods adopted by him in order to obtain compliance with this prohibition by passengers and employees.

Employers shall give notice to each of their employees of the privilege to certify the amount of gratuities or tips received by him in a signed statement as herein provided. Such notice shall include information on the method of establishing the value of tips or gratuities in the event such statements are not submitted.

Historical note: Section amendment filed September 10, 1974, effective immediately. Changed "Division of Employment" to "Department of Labor" in (a)(1) and (b)(4)

§480.10 Tips of pinboys at bowling alleys.

The value of gratuities or tips received by employees engaged as pinboys at bowling alleys shall be determined as follows:

Such value shall be equal to the amount certified by each employee in a signed statement to his employer as received in the form of gratuities or tips, which statement shall be retained by the employer and submitted to the Department of Labor upon request.

If such statement is not submitted by an employee, such value shall be equal to two cents per game for which he sets up pins.

No gratuities or tips shall be deemed received for the purpose of this section if:

acceptance of tips or gratuities is prohibited by the employer, and

patrons are apprised by conspicuously displayed announcements or otherwise in writing, at or before the time the bowling alley is used by them, that acceptance of tips or gratuities by pinboys is prohibited, and

the employer adopts reasonable means to insure that tips or gratuities are not received by pinboys, and

the employer submits to the Department of Labor a sworn statement setting forth that pinboys are not allowed to accept tips or gratuities and describing the methods adopted by him in order to obtain compliance with this prohibition by patrons and employees.

Employers shall give notice to each of their employees of the privilege to certify the amount of gratuities or tips received by him in a signed statement as herein provided. Such notice shall include information on the methods of establishing the value of tips or gratuities in the event such statements are not submitted.

Historical note: Section amendment filed September 10, 1974, effective immediately. Changed "Division of Employment" to "Department of Labor" in (a)(1) and (b)(4)

§ 480.11 Tips for checkroom attendants.

The value of gratuities or tips received by employees engaged as checkroom attendants, provided they are not required to remit such gratuities or tips to their employer, shall be determined as follows:

Such value shall be equal to the amount certified by each employee in a signed statement to his employer as received in the form of gratuities or tips, which statement shall be retained by the employer and submitted to the Department of Labor upon request.

No gratuities or tips shall be deemed received for the purpose of this section if such statement is not submitted by an employee.

Employers shall give notice to each of their employees of the privilege to certify the amount of gratuities or tips received and retained by him in a signed statement as herein provided. Such notice shall include information on the fact that no gratuities or tips will be deemed received in the event such statements are not submitted.

Historical note: Section amendment filed September 10, 1974, effective immediately. Changed "Division of Employment" to "Department of Labor" in (a)(1)

§ 480.12 Tips of maritime service employees.

The following definition of terms shall apply to this section:

The term vessel means any American vessel as that term is defined in the Interstate Maritime Reciprocal Arrangements which is engaged in service as a passenger vessel as such term is defined in the International Convention for Safety of Life at Sea, 1929.

The term maritime service employee means any person engaged aboard such vessel in any of the following occupations:

Bartender

Bellboy. The term bellboy includes bell captain and assistant bell captain.

Deck steward. The term deck steward includes chief deck steward.

Headwaiter. The term headwaiter includes stewards acting in the capacity of the headwaiter. It does not include persons who act in a supervisory capacity only and who do not as a matter of fact receive tips.

Night steward. The term night steward includes the chief night steward.

Room steward. The term room steward includes the chief bedroom steward.

Salon steward. The term salon steward includes lounge stewards, ballroom stewards, library stewards and smoke room stewards but excludes public room stewards not customarily engaged in serving passengers.

Stewardess. The term stewardess includes a child's nurse.

Waiter. The term waiter includes the salonman.

The value of gratuities or tips received by the maritime service employees is hereby determined to be as follows:

Such value shall be equal to the amount certified by each such maritime employee engaged aboard the vessel in a signed statement to his employer as received in the form of gratuities or tips, which statement shall be retained by the employer and submitted to the Department of Labor upon request.

If such statement has not been submitted by the maritime service employee such value shall be equal to the following amounts per diem for each day of employment:

Title Per diem gratuity or tip
Bartender $1.70
Bell boy $1.80
Deck Steward $2.00
Headwaiter $3.35
Night Steward $1.00

Room Steward

$2.90

Salon Steward $1.75
Stewardess $1.65
Waiter $2.50

No gratuities or tips shall be deemed received for the purpose of this section, if:

acceptance of tips or gratuities is prohibited by the employer, and

patrons are apprised by conspicuously displayed announcements, or otherwise in writing that acceptance of tips or gratuities by maritime service employees is prohibited, and

the employer adopts reasonable means to insure that tips or gratuities are not received by such employees, and

the employer submits to the Department of Labor a sworn statement setting forth that his employees are not allowed to accept tips or gratuities and describing the methods adopted by him in order to obtain compliance with this prohibition by patrons and employees.

Employers shall give notice to each of their maritime service employees of the privilege to certify the amount of gratuities or tips received by him in a signed statement as herein provided. Such notice shall include information on the method of establishing the value of tips or gratuities in the event such statements are not submitted.

Historical note: Section amendment filed September 10, 1974, effective immediately. Changed "Division of Employment" to "Department of Labor" in (b)(1) and (c)(4)

 

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