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New Law re: Written Notice of Pay Rate
Minimum Wage Increase
Floor Tax Returns - 2009
Leg. Reaches Budget Agreement
Sales Tax on Gratuities & Service Charges
New Law Requires Written Notice of Pay Rate
The New York State Department of Labor has just issued guidelines for a new law requiring written notice of pay day and pay rate for new hires. The law was scheduled to go into effect on October 26, 2009, but the guidelines were just issued, with more to come in the next few days or weeks. Previously, employers were required to disclose to their employees, at the time of hire, the rate of pay and payday.
The new law requires that the notice:
• Must be in writing.
• Must include the regular rate of pay, overtime rate, and regular payday.
• Must be provided on a form available from the New York State Department of Labor OR one created with the NYSDOL's guidelines included in the form.
• Must be given to new employees before they do any work.
• Employers must receive a written acknowledgement that the employee has received the notice.
The New York State Department of Labor has issued a fact sheet and forms that can be found and printed at the links below.
Notice of Pay Rate and Payday for New Hires Fact Sheet - P705E
Notice and Acknowledgement Form from the NYSDOL
Guidelines for Creating Your Own Ackowledgement Form
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Minimum Wage Will Increase 10 cents on July 24, 2009
The third increase to the federal minimum wage will go into effect on July 24, 2009 and will trigger an increase in the New York State minimum wage. The state and federal minimum wage will increase to $7.25 an hour on July 24, 2009.
On July 23, the New York State Department of Labor issued emergency regulations to increase the rates and allowances for the restaurant industry. You can review them on the Department of Labor's website Scroll down to "Summary of Wage Order Rates and Allowances for the Restaurant Industy.
All rates and allowances are effective July 24, 2009.
Basic Minimum Hourly Rate $7.25 an hour
Tip Allowance (per hour)
Food Service Workers * $2.60
All other workers $1.60 (if average tips are between $1.60 and $2.30 an hour) or $2.35 (If average tips are $2.30 an hour or more)
Please note that the cash wage for tipped emplopyees equals the minimum wage minus the tip allowance.
Uniform Maintenance rate (per week)
Over 30 hours $9.00
20 – 30 hours $7.10
20 hours or less $4.30
Per Meal Allowance
Food service workers* earning a cash wage of $4.65 an hour $2.10
All other workers $2.50
Executive and Administrative Exemption
Minimum weekly salary required $543.75
* A “food service worker” means an employee primarily engaged in the serving of food and beverages to guests, patrons or customers in the hotel or restaurant industry, including but not limited to, waitstaff, bartenders, captains and busing personnel; and who regularly receive tips from such guests, patrons or customers.
Please note that this is not the result of the recent Wage Board hearings. The Wage Board is continuing to deliberate and will issue a report sometime in August.
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Floor Tax Returns Must Be Filed by July 20, 2009
April 16, 2009
As part of the recently passed New York State Budget, the Legislature increased the excise tax on beer to 14 cents per gallon and wine to 30 cents per gallon. Therefore any beer or wine delivered after May 1, 2009 will be subject to the new excise tax rates. In order to capture the increased tax on all beer and wine in inventory, the state will also be collecting a floor tax on your inventory. Retailers including, but not limited to restaurants, caterers, bars and taverns must take a physical inventory, file a floor tax return , and pay the increased tax on all beer and wine in their inventory for sale as of the start of business on May 1, 2009. The floor tax return must be filed by July 20, 2009.
To read the compliance document from the NYS Dept of Tax & Finance click here.
To get a copy of the floor tax return form click here.
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Legislature Reaches Budget Agreement
April 2, 2009
We are proud to report that NYSRA's ongoing legislative efforts have paid off once again. These efforts ensured that Governor Paterson's final budget did not include many of the initial proposals, which would have adversely impacted the restaurant industry. These achievements could not have been attained without the vital support of our members.
To read the full report of specific proposals that impact the restaurant industry click here.
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Sales Tax on Gratuities and Service Charges
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