N.Y. Comp. Codes R. & Regs. tit. 12 § 146-2.8

Current through Register Vol. 46, No. 17, April 24, 2024

Section 146-2.8 - Meals and lodging

(a) When an employer takes a meal and/or lodging credit toward the pay of an employee, the employer may not charge the employee any additional money for the meal(s) and/or lodging.

(b) A residential employee in a resort hotel whose compensation is based on the inclusion of meals shall be provided with three meals per day.

(c) An employee who works a shift requiring a meal period under section 162 of the New York State Labor Law must either:

(1) receive a meal furnished by the employer as part of his or her compensation, at no more than the meal credit allowed in this Part; or

(2) be permitted to bring his or her own food and consume it on premises.

(d) Nothing in this Part shall prevent an employee from purchasing from the employer:

(1) in a restaurant or an all-year hotel, meals at other times or places than those provided as part of his or her compensation;

(2) in a resort hotel, food in addition to meals provided as part of his or her compensation.

Such purchases may not be paid for through deductions from the employee's wages.

N.Y. Comp. Codes R. & Regs. Tit. 12 § 146-2.8

Amended New York State Register December 28, 2016/Volume XXXVIII, Issue 52, eff.12/31/2016