Law Blog

Hearings on Eliminating the Tip Credit Wrap Up Across New York State

Restaurant Check

In December 2017, Governor Andrew Cuomo announced that the New York State Department of Labor would be conducting hearings regarding the elimination of the so-called “tip credit,” which allows workers in predominantly service industry jobs to receive an hourly wage that is below the applicable minimum wage, as long as they receive enough tips so that their take-home pay reaches the threshold of minimum wage. In New York City, for example, the applicable 2018 minimum wage is $13.00 per hour, but restaurants employing eleven or more employees are able to pay their workers a minimum of $8.65 per hour, as long as their employees make at least $4.35 per hour in tips, or the restaurant must make up the difference. There are varying minimum wage rates and allowable tip credits for Long Island, Westchester, and the rest of New York State as well.

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What’s a Tip Credit and How Does It Affect Me?

Many employees rely on tips from patrons to supplement their wages. As a matter of fact, there are certain industries, usually related to food services or hospitality, in which tips are the bulk of an employee’s earnings. Despite this being a common practice, there are still many employers and employees in these industries unsure how to handle tips and how to follow the laws regarding wages and tips.

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Khalid Elfoulki, et al v. Brannons Sandwich Shop, LLC, et al, Case No. 14-cv-05964

New Collective Action in the Southern District Of New York

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Vicente Toribio v. Feldor Billiards, Inc. et al., Case No. 153384-2014

On April 9, 2014, Lead Plaintiff Vicente Toribio on behalf of herself and those similarly situated filed a class action lawsuit in Supreme Court of the State of New York – New York County vs. Feldor Billiards, Inc. d/b/a Fat Cat Billiards, Noah Sapir, Charles H. Berg, and Ben Gee.  Defendants employed Mr. Toribio as a general service worker at Fat Cat Billiards, but Defendants failed to give Mr. Toribio any of his tips and fail to provide accurate wage statements in violation of New York Labor Law, New York State Department of Labor’s Hospitality Industry Wage Order and New York common law.    If any person worked for the business or individuals named as a Defendant in the lawsuit during the time period of April 9, 2011 – April 9, 2014 or has information that may be relevant to this case, contact Borrelli & Associates, P.L.L.C. as soon as possible through our website, or any of our phone numbers: (516) 248 - 5550, (516) ABOGADO, and (212) 679 - 5000.

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