N.Y. Comp. Codes R. & Regs. tit. 12 § 480.2

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

Section 480.2 - Tips of beauty parlor operators

(a) For the purposes of this section, the term beauty parlor operator includes all employees of any employer performing personal service on female customers in operations useful to the care, cleansing, or beautification of the hair, nails or skin, or in the enhancement of personal appearance and in operations incidential thereto; but it excludes maids, receptionists, physical training instructors, nurses, desk clerks, office workers and other employees not performing the aforementioned operations.

(b) No value of gratuities or tips need be included in the amount of remuneration as defined in section 517 of the Unemployment Insurance Law if in a given beauty shop:

(1) acceptance of tips or gratuities is not allowed;

(2) customers are apprised by conspicuously displayed announcements or otherwise in writing, at or before the time bills for services are rendered to them, that acceptances of tips or gratuities is not allowed;

(3) the owner adopts reasonable means to insure that tips or gratuities are not received by his employees; and

(4) the owner 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 customers and employees.

(c) The value of gratuities received by beauty parlor operators, except as otherwise provided under subdivision (b) of this section, is hereby determined to be an amount equal to 10 per centum of the wages paid to them by their employers.

N.Y. Comp. Codes R. & Regs. Tit. 12 § 480.2