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New York's Hospitality Industry Wage Order: What 5 Years of Experience Have Taught Us

(143 reviews)

Produced on March 07, 2016

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$ 89 Labor & Employment and Food, Beverage, & Agriculture In Stock
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Course Information

Time 1h 2m
Difficulty Advanced

Course Description

The Hospitality Industry in New York State (including restaurant and hotels) has faced a very difficult period of regulatory intrusion by the State of New York since the imposition of the Hospitality Industry Wage Order in 2011.


During the past five (5) years, the hospitality industry has struggled to satisfy this regulatory burden. This seminar informs you of the specific legal requirements that are imposed on all employers in the hospitality industry, and proposes some practical solutions so as to minimize the burden on the bottom line for restaurants and hotels throughout New York.


This course, presented by R. Scott DeLuca, a senior counsel at Kavinoky Cook LLP (a Buffalo, New York law firm), reviews the requirements imposed by the Hospitality Industry Wage Order, as well as other impositions by generally applicable New York State laws.


Learning Objectives:

I.     Review the Hospitality Industry Wage Order, including:

  • Applicability of the Order to certain businesses (and limited exclusions)
  • Record keeping requirements
  • Minimum Wage and Overtime Pay requirements
  • Exemption of certain employees from coverage
  • Tip Credits and Meal Credits
  • Call-In Pay, Spread of Hours Pay, and Uniform Maintenance Pay
  • Tip Sharing and Tip Pooling
  • Administrative charges
  • Changes applicable to the Fast Food Industry
  • Other requirements imposed by the Order

II.    Understand meal period requirements and the special burden this law places on the restaurant industry

III.   Assess potential changes in the state-mandated minimum wage

Credit Information

After completing this course, Lawline will report your attendance information to {{ accredMasterState.state.name }}. Please ensure your license number is filled out in your profile to ensure timely reporting. For more information, see our {{ accredMasterState.state.name }} CLE Requirements page . After completing this course, {{ accredMasterState.state.name }} attorneys self-report their attendance and CLE compliance. For more information on how to report your CLE courses, see our {{ accredMasterState.state.name }} CLE Requirements FAQ .


R. Scott DeLuca

Kavinoky Cook LLP

R. Scott DeLuca is a Senior Counsel at Kavinoky Cook LLP. Mr. DeLuca handles litigation matters with a focus on employment law and employment related litigation, employee benefits, wage and hour matters, and labor relations issues.

Mr. DeLuca has over seventeen years of experience handling matters related to the employer-employee relationship, including employment discrimination, wage payment requirements under Federal and State law, employee benefits issues and the requirements of ERISA and COBRA, issues under the Family & Medical Leave Act, matters regarding disability accommodation under the Americans with Disabilities Act and the New York State Human Rights Law, as well as representing both public and private sector employers with regard to labor relations and arbitrations matters, and both public and private sector employers during collective bargaining negotiations. Mr. DeLuca also represents parties in litigation and arbitration proceedings regarding a range of commercial disputes. 

Mr. DeLuca has practiced in proceedings before Federal and State courts, the U.S. Equal Employment Opportunity Commission, U.S. Department of Labor, the U.S. Occupational Safety and Health Administration, the N.Y.S. Division of Human Rights, the N.Y.S. Department of Labor, the National Labor Relations Board, and the N.Y. Public Employee Relations Board.

Mr. DeLuca received his B.A. from Binghamton University (SUNY) in 1995. He received his law degree, cum laude, from New York Law School in 1998, where he received the New York Law School Moot Court Association Award and was Executive Editor of the New York Law School Moot Court Association. Mr. DeLuca is admitted to practice in the following courts:

  • New York State courts
  • United States Court of Appeals for the Second Circuit
  • United States District Court, Western District of New York
  • United States District Court, Northern District of New York
  • United States District Court, Southern District of New York
  • United States District Court, Eastern District of New York
  • United States District Court, Western District of Pennsylvania 

Mr. DeLuca is an allied member of the New York State Restaurant Association (NYSRA), and is a Strategic Partner with that organization. In this regard, Mr. DeLuca is one of two Statewide Labor Consultants selected by NYSRA.

Mr. DeLuca was named one of Buffalo’s “Up & Coming Attorneys” by The Daily Record in 2005, and was selected by Buffalo Business First as a member of its 40 Under 40 Class in 2012. In 2014 and 2015, Mr. DeLuca was selected as a “Super Lawyer” by SuperLawyers.com (after having been named a “Rising Star” in 2013). Mr. DeLuca is a member of Leadership Buffalo (having graduated from the Class Experience Class of 2014), and is currently a member of Leadership Niagara (participating as a member of LN’s Class of 2016. Mr. DeLuca is also a member of the Board of Directors for the Historic Palace Theater (as well as chairperson of its Bylaws and Board Development Committee). 


Jennifer L.

Good overview of the requirements--if it were longer I would liked to hear more about the problems encountered since wage order was implemented

Patrick A.

An excellent presentation, one of the best I've seen on Lawline.

James M.

Great work!

Alfred S.

The instructor did an excellent job on the wage/hour issue.

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