N.Y. Comp. Codes R. & Regs. Tit. 12 § 146-2.18 - Charge purported to be a gratuity or tip
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.
Notes
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