The Proposed Hospitality Wage Order has been published by the New York State Department of Labor.
The Proposed Order combines the wage orders for the restaurant and hotel industries into a single new Minimum Wage Order for the Hospitality Industry which, among other things, will replace previous policies and case law about tips with new regulations to provide clarity and uniformity throughout the hospitality industry. The Proposed Hospitality Wage Order sets forth the basic minimum wage rate for employees in the hospitality industry, allows for tip credits toward the minimum wage, requires that employers in the hospitality industry pay an increased overtime rate for hours worked over forty per week, provides for payment of wages in “call-in” situations, and requires spread of hours pay for employees in restaurants and non-resort hotels. It also provides for uniform maintenance pay, the cost of purchasing required uniforms and allows for credits toward the minimum wage for meals and lodging.
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