N.Y. Comp. Codes R. & Regs. tit. 12 § 480.6

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

Section 480.6 - Tips of hotel service employees

(a) The following definition of terms shall apply to this section:

(1) The term hotel means any establishment which is operated for the purpose of furnishing lodgings with chambermaid service.

(2) The term hotel service employee means any person engaged by a hotel in any of the following occupations:

(i) bellhops;

(ii) porters and baggage porters (any person employed by the hotel whose duties involve contact with the public and which relate to the handling and transportation of guests' luggage or baggage, and obtaining transportation for guests). This item does not include porters employed as housemen, cleaners, lobby porters, etc.;

(iii) chambermaids;

(iv) doormen.

(b) The value of gratuities or tips received by a hotel service employee is hereby determined to be as follows:

(1) Such value shall be equal to the amount certified by each hotel service 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 has not been submitted by a hotel service employee, such value shall be equal to:

(i) bellhops, porters, baggage porters, doormen, two dollars per diem;

(ii) chambermaids, nil.

(c) 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 when they register at the hotel, that acceptance of tips or gratuities by hotel service employees is prohibited, and

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

(4) the employer 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 patrons and employees.

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

N.Y. Comp. Codes R. & Regs. Tit. 12 § 480.6