New York Codes, Rules and Regulations
Title 12 - DEPARTMENT OF LABOR
Chapter II - DIVISION OF LABOR STANDARDS
Subchapter B - Minimum Wage Orders
Part 146 - HOSPITALITY INDUSTRY
Subpart 146-3 - DEFINITIONS
Section 146-3.13 - Fast food employee

Universal Citation: 12 NY Comp Codes Rules and Regs § 146-3.13

Current through Register Vol. 47, No. 12, March 26, 2025

(a) Fast food employee shall mean any person employed or permitted to work at or for a fast food establishment by any employer where such person's job duties include at least one of the following: customer service, cooking, food or drink preparation, delivery, security, stocking supplies or equipment, cleaning, or routine maintenance.

(b) Fast food establishment shall mean any establishment in the State of New York:

(1) which has as its primary purpose serving food or drink items;

(2) where patrons order or select items and pay before eating and such items may be consumed on the premises, taken out, or delivered to the customer's location;

(3) which offers limited service;

(4) which is part of a chain; and

(5) which is one of 30 or more establishments nationally, including:
(i) an integrated enterprise which owns or operates 30 or more such establishments in the aggregate nationally; or

(ii) an establishment operated pursuant to a franchise where the franchisor and the franchisee(s) of such franchisor owns or operates 30 or more such establishments in the aggregate nationally. Fast food establishment shall include such establishments located within non-fast food establishments.

(c) Chain shall mean a set of establishments which share a common brand, or which are characterized by standardized options for décor, marketing, packaging, products, and services.

(d) Franchisee shall mean a person or entity to whom a franchise is granted.

(e) Franchisor shall mean a person or entity who grants a franchise to another person or entity.

(f) Franchise shall have the same definition as set forth in General Business Law section 681.

(g) Integrated enterprise shall mean two or more entities sufficiently integrated so as to be considered a single employer as determined by application of the following factors:

(1) degree of interrelation between the operations of multiple entities;

(2) degree to which the entities share common management;

(3) centralized control of labor relations; and

(4) degree of common ownership or financial control.

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