N.Y. Comp. Codes R. & Regs. tit. 12 § 480.10

Current through Register Vol. 46, No. 45, November 2, 2024

Section 480.10 - Tips of pinboys at bowling alleys

(a) The value of gratuities or tips received by employees engaged as pinboys at bowling alleys shall be determined as follows:

(1) Such value shall be equal to the amount certified by each employee 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 is not submitted by an employee, such value shall be equal to two cents per game for which he sets up pins.

(b) 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, at or before the time the bowling alley is used by them, that acceptance of tips or gratuities by pinboys is prohibited, and

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

(4) the employer submits to the Department of Labor a sworn statement setting forth that pinboys 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.

(c) Employers shall give notice to each of their 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 methods of establishing the value of tips or gratuities in the event such statements are not submitted.

N.Y. Comp. Codes R. & Regs. Tit. 12 § 480.10