As New York’s hospitality industry prepares for a reduced tip credit and a fast food minimum wage, one New York restaurateur has announced its intention to eliminate tipping and thus, by extension, use of the tip credit: New York City’s Danny Meyer. This lengthy Eater feature discusses Meyer’s audacious new Hospitality Included program, noting
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Manhattan Federal Court: Financial Firm Retained Discretion to Award or Not Award Bonus
By Noel P. Tripp on
Posted in Bonuses, New York State
As we recently noted in our discussion of Massachusetts law, incentive compensation has the potential to become “wages” protected by state labor law once it is “earned.” However, when an employer conveys to the employee that it retains discretion to award or not award incentive compensation in any specific amount, such potential incentive compensation…
NYSDOL Update: New Hire Notification and Permissible Wage Deductions
By Noel P. Tripp on
Posted in New York State
Employers with New York State operations must ensure they understand the New York State Department of Labor’s current position as to new hire notices and wage deductions.
New Hire Notices
As previously reported here, since October 26, 2009, New York state employers have been obligated to notify all new hires in writing of their…
New York’s Consolidated Hospitality Industry Wage Order: Status?
By Noel P. Tripp on
Posted in New York State
As previously reported in detail here, in November 2009 then-New York Commissioner of Labor Patricia Smith issued an Order accepting the 2009 Restaurant and Hotel Industry Wage Board’s recommendation to consolidate and modify the Wage Orders currently in effect covering New York restaurant and hotel industry employers. The Department however has yet to issue the…
There Is No Personal Liability For Wage and Hour Violations: Is There?
By Noel P. Tripp on
Posted in Coverage
Business owners, supervisors and managers performing services for corporate entities often believe that liability for wage and hour violations can be imposed solely on the incorporated entity. To the contrary, as demonstrated by a recent New York Federal Court decision, various theories support individual liability under both federal and, in this case, New York State law.…