The New York State Department of Labor retired its Hospitality Industry Wage Order for hotels and restaurants.
While the trend is for state, federal, and city agencies to add posters, the New York Department of Labor removed the Hospitality Industry Wage Order from its required posting roster.
The Hospitality Industry Wage Order posting contained guidelines for minimum wage rates for food service and service employees in hotels and restaurants. Employers in the hospitality industry are still required to adhere to wage and tip requirements as outlined in New York state law (Part 146 of Title 12 of the Official Compilation of Codes, Rules, and Regulations).
New York Posting Requirements for Restaurants and Hotels
Even without the retired industry wage order, employers must display required notices issued by the New York Department of Labor about wage and hour laws, tip appropriations, and illegal deduction provisions. These requirements are covered by three postings issued by the New York Department of Labor:
Employee Notice and Record-keeping Requirements
New York hospitality industry employees must receive a new pay notice each time his or her pay rate changes. New York provides a sample Hospitality Wage Order pay notice in 146-2.2, which hospitality industry employers must provide to each employee prior to the start of employment and prior to any change in the employee’s hourly rates of pay.
Employees must sign an acknowledgment of receipt which employers must keep on file for six years.
What is a Wage Order?
In labor law, a wage order provides employers guidance as to minimum hourly wages for workers in specific industries. California, for example, offers 17 industry wage orders covering industries from manufacturing to motion pictures.
The phrase “wage order” also can apply to court-ordered wage garnishment, where a worker’s paycheck automatically deducts a portion of their income to pay a third party, as with a Chapter 13 bankruptcy payment plan.