New Jersey Administrative Code
Title 12 - LABOR AND WORKFORCE DEVELOPMENT
Chapter 56 - WAGE AND HOUR
Subchapter 8 - GRATUITIES, FOOD AND LODGING
Section 12:56-8.4 - Administrative handling of gratuities
Universal Citation: NJ Admin Code 12:56-8.4
Current through Register Vol. 56, No. 18, September 16, 2024
(a) Provided there is an agreement in advance with the employees, the employer, in order to facilitate the administrative handling of gratuity allowances, may establish an average value of gratuities received by an employee based upon a percentage of gross sales apportioned on basis of hours worked among the employees being tipped. This portion shall be:
1. Derived from a representative
sampling of the sources indicated in
12:56-8.3; or
2. Ten percent; or
3. Such other method as may be agreed upon subject
to the approval of the Commissioner.
(b) Gratuities shall be the property of the tipped employee. Gratuities shall be restored to the tipped employee except when gratuities are pooled, voluntarily by the employees or as a policy of management.
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