The Commissioner also agreed that, as required under federal law, an employer must notify tipped employees of any tip allowance to be taken or the allowance is disallowed. The Commissioner stated that these changes are a first step to equalizing the minimum wage due to all tipped employees. On January 1, 2011, the rate will increase to $5.00. Increased Minimum Wage for Food Service WorkersĬommissioner Smith adopted the Wage Board’s recommendation to raise tipped food service workers’ minimum wage to $4.75 per hour on Januor the effective date of the regulations, whichever is later. Consolidation of Current Wage OrdersĬommissioner Smith accepted the Wage Board’s recommendation to consolidate the current restaurant and hotel industry Wage Orders. However, the Commissioner may elect to issue emergency regulations on or prior to Januas she has endorsed an increase to the minimum wage for tipped employees effective January 1, 2010.īelow we summarize the key portions of the Commissioner’s Order. Accordingly, it is unclear when changes to the Hospitality Wage Orders will go into effect. The Commissioner stated that the Department of Labor will draft and issue regulations (i.e., a proposed consolidated Wage Order) through the standard regulatory process. (See our article, New York State Wage Board Approves Revised Hospitality Industry Wage Order.) On November 5, 2009, Commissioner Smith issued an Order accepting many of the Wage Board’s recommendations, while rejecting the Wage Board’s proposed Wage Order. In late September, the Wage Board proposed significant changes to the Wage Orders and provided the Commissioner with proposed language for a Wage Order combining the current restaurant and hotel industry wage orders.

Patricia Smith convened a Wage Board to examine the Wage Orders currently applicable to New York State restaurant and hotel employers. In March 2009, New York State Department of Labor Commissioner M.

Busboy minimum wage