New York Codes, Rules and Regulations
Title 12 - DEPARTMENT OF LABOR
Chapter VII - Division Of Unemployment Insurance
Subchapter B - Unemployment Insurance
Article 2 - Rules of the Industrial Commissioner
Part 480 - Remuneration
Section 480.12 - Tips of maritime service employees

Universal Citation: 12 NY Comp Codes Rules and Regs ยง 480.12

Current through Register Vol. 46, No. 12, March 20, 2024

(a) The following definition of terms shall apply to this section:

(1) The term vessel means any American vessel as that term is defined in the Interstate Maritime Reciprocal Arrangements which is engaged in service as a passenger vessel as such term is defined in the International Convention for Safety of Life at Sea, 1929.

(2) The term maritime service employee means any person engaged aboard such vessel in any of the following occupations:
(i) Bartender.

(ii) Bellboy. The term bellboy includes bell captain and assistant bell captain.

(iii) Deck steward. The term deck steward includes chief deck steward.

(iv) Headwaiter. The term headwaiter includes stewards acting in the capacity of the headwaiter. It does not include persons who act in a supervisory capacity only and who do not as a matter of fact receive tips.

(v) Night steward. The term night steward includes the chief night steward.

(vi) Room steward. The term room steward includes the chief bedroom steward.

(vii) Salon steward. The term salon steward includes lounge stewards, ballroom stewards, library stewards and smoke room stewards but excludes public room stewards not customarily engaged in serving passengers.

(viii) Stewardess. The term stewardess includes a child's nurse.

(ix) Waiter. The term waiter includes the salonman.

(b) The value of gratuities or tips received by the maritime service employees is hereby determined to be as follows:

(1) Such value shall be equal to the amount certified by each such maritime employee engaged aboard the vessel in a signed statement to his employer as received in the form of gratuities or tips, which statement shall be retained by the employer and submitted to the Department of Labor upon request.

(2) If such statement has not been submitted by the maritime service employee such value shall be equal to the following amounts per diem for each day of employment:

Bartender $1.70
Bell boy 1.80
Deck steward 2.00
Headwaiter 3.35
Night steward 1.00
Room steward 2.90
Salon steward 1.75
Stewardess 1.65
Waiter 2.50

(c) No gratuities or tips shall be deemed received for the purpose of this section, if:

(1) acceptance of tips or gratuities is prohibited by the employer, and

(2) patrons are apprised by conspicuously displayed announcements, or otherwise in writing that acceptance of tips or gratuities by maritime service employees is prohibited, and

(3) the employer adopts reasonable means to insure that tips or gratuities are not received by such employees, and

(4) the employer submits to the Department of Labor a sworn statement setting forth that his employees are not allowed to accept tips or gratuities and describing the methods adopted by him in order to obtain compliance with this prohibition by patrons and employees.

(d) Employers shall give notice to each of their maritime service employees of the privilege to certify the amount of gratuities or tips received by him in a signed statement as herein provided. Such notice shall include information on the method of establishing the value of tips or gratuities in the event such statements are not submitted.

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