N.Y. Comp. Codes R. & Regs. tit. 12 § 480.9

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

Section 480.9 - Tips of baggage porters in bus and airline terminals

(a) The value of gratuities or tips received by employees engaged as baggage porters in bus or airline terminals shall be established 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:

(i) two dollars per day if the employee worked as a baggage porter for at least seven hours on such day, or

(ii) thirty cents per hour during which the employee worked as a baggage porter on any day in the course of which he did not so work for at least seven hours.

(b) No gratuities or tips shall be deemed received for the purposes of this section if:

(1) acceptance of tips or gratuities is prohibited by the employer, and

(2) passengers are apprised by conspicuously displayed announcements or otherwise in writing, at or before the time baggage is accepted for porter services that acceptance of tips or gratuities by porters is prohibited, and

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

(4) the employer submits to the Department of Labor a sworn statement setting forth that the baggage porters are not allowed to accept tips or gratuities and describing the methods adopted by him in order to obtain compliance with this prohibition by passengers 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 § 480.9