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

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