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What rights do New York restaurant employees have?
Are you rights being infringed upon? Do you know the tipping and overtime laws for restaurant workers? What are the rights New York restaurant employees?
Can New York restaurant employees be paid less than minimum wage?
Yes, they can be paid less than minimum wage. The current minimum wage in New York is $8 per hour, however, it is legal for restaurants to pay some of their employees less than $8 per hour if they receive tips that make up the difference.
What is the minimum amount restaurant workers must be paid from a restaurant employer?
While it’s true that restaurant employers can pay their food service employees less than minimum wage if they receive tips that bring up their hourly wage above minimum wage, they must still pay a base wage of at least $5 per hour. Therefore, they must receive at minimum, $3 per hour in tips so that their wages are at least at minimum wage. If they do not receive at least $3 in tips per hour the employer must raise the base wage to make up the difference.
Who is affected by these restaurant tip policies?
Any food service worker, including but not limited to waiters, waitresses, bartenders, and buss people.
Does a restaurant employer have to pay their food service workers overtime wages?
Yes, a restaurant employer must pay overtime wages if a food service employee works more than 40 hours per week. The minimum amount an employer must pay is $9 per hour and the employee must make at least $3 in tips for a overtime pay of $12 per hour. If a food service worker does not make $3 in tips, then the employer must raise the base overtime wage to make up the difference.
What if your restaurant employer is not paying you these wages?
If that is the happening, your employer is violating the law and you may have a case.
Can a restaurant employer require employees to pool their wages?
Yes, an employer can force their food service workers to pool their tips with other food service workers. They cannot, however, force food service workers to pool their tips with non-food service workers, such as cooks or managers.
What if a restaurant employer requires food service workers to pool tips with non-food service workers?
That violates the law and the employer and you may have a case. The employer would not only owe his or her food service workers their tips, but they also would not be able to claim the tip credit that makes up the difference between the base wage and the minimum wage owed to food service worker employees.
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