New York Codes, Rules and Regulations
Title 12 - DEPARTMENT OF LABOR
Chapter VII - Division Of Unemployment Insurance
Subchapter B - Unemployment Insurance
Article 3 - Administrative Interpretations
Part 490 - Administrative Interpretations
Section 490.7 - Tips of service employees serving catered or banquet meals (section 480.4, unemployment insurance law, section 517, subd. 1). [labor law, section 530]
Current through Register Vol. 46, No. 12, March 20, 2024
(a) Whenever an employer and patron agree, under any of the conditions outlined in paragraphs (1) through (3) of this subdivision, that a service employee serving catered or banquet meals shall receive a specified amount or percentage called a gratuity, tip or other similar designation, the aggregate of the wages and the gratuities actually disbursed to the service employee by the employer shall constitute remuneration as that term is defined by section 517 of the Unemployment Insurance Law. No other gratuities shall be deemed to have been received:
(b) Provisions of section 480.4 insofar as it applies to catered or banquet meals shall not be applicable to fact situations covered in paragraphs (a)(1), (2) and (3) of this section but shall apply whenever the service employee receives from an employer an agreed amount as cash wages for services performed and in addition receives gratuities from the individual to whom the catered or banquet meals are served and when gratuities are not the subject of prior negotiation by and between the employer and the patron.