N.Y. Comp. Codes R. & Regs. tit. 12 § 480.7

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

Section 480.7 - Tips of taxicab drivers

(a) The value of gratuities or tips received by taxicab drivers shall be determined as follows:

(1) Such value shall be equal to the amount certified by each employee upon 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:

(i) twelve and one-half percent of the total bookings of a driver operating a taxicab in cities with population of 100,000 or more and in the counties of Westchester, and Nassau;

(ii) nine dollars per week for a driver operating a taxicab in localities other than those listed under subdivision (a) of this section;

(iii) three and one-half dollars for each round trip made by a driver of an automobile operating between New York City and vicinity and the Catskill mountains.

(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 taxicab fares are collected that acceptance of tips or gratuities by the driver is prohibited, and

(3) the employer adopts reasonable means to insure that tips or gratuities are not received by his 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.

(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 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 § 480.7