Tips & Tricks: New Year, New Rules for the Restaurant Industry


New Rules As 2014 comes to a close, it's important to remember these important changes in the coming year that will impact New York City businesses. Failure to comply with these requirements could result in a substantial liability to an uninformed employer. Find out about all of the variations to NYC Labor Laws below.

Minimum Wage Increase 

Minimum Wage Increase

Effective December 31st, 2014, the minimum wage will increase $0.75 from $8.00 to $8.75 in NYC, meaning that employers must make the necessary changes to their payroll prior to New Year's Day.

For those employers covered by NY's Hospitality Wage Order, the tipped minimum wage for food service and non-food service employees will remain at $5.00/hr and $5.65/hr respectively, however overtime rates will increase to $9.38/hr for food service workers and $10.03/hr for non-food service workers.

New York is not the only state in which the minimum wage will be increasing in 2015. For those employers with businesses and/or operations in other states, it's imperative to be cognizant of the changes happening in other jurisdictions. Based on the number of increases in the minimum wage in 2015, it is advised that employers consult with counsel in order to determine how to proceed with business and payroll without fault.

New York's Notice of Rate of Pay

New York State

In accordance to New York's Wage Theft Prevention Act (WTPA), employers in NY must provide a "Notice of pay" form to all employees, regardless of position or role between January 1st and February 1st of each year. The notice must contain the following:

  • Employee normal rate(s) of pay and the basis thereof (weekly, hourly, shift, etc.)
  • Employee overtime pay (if applicable)
  • Employee regular day pay
  • Any allowances claimed against the minimum wage (tip credit, meal credit, lodging allowance etc.)
  • The name of employer, including DBA (doing business as)
  • Employer's main office address (if different)
  • Employer's telephone number

The notice must be signed by both the employee and employer and must be retained by the employer for at least 6 years.

The NY Department of Labor has sample Notice of Pay forms that employers can use. It is not required to use the NYDOL forms, but it is recommended since it will ensure full compliance with the NY law. You can find all of the sample forms available on the NYDOL's website.

The notice must also be provided in both English and the employee's native language (if not English), contingent upon if the NYDOL has created the Notice of Pay form in the employee's native language. English, Spanish, Chinese, Haitian Creole, Korean, Polish and Russian are the languages currently available on the site.

[Information courtesy of the NYC Alliance]

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