New York S05176 amends labor law to clarify when a tip credit applies to employees working both tipped and non-tipped occupations on the same day.

New York S05176 amends the labor law by adding a new section 652-a, which specifies that on any day a service employee or food service worker works at a non-tipped occupation for more than twenty percent of their shift, the wages of such employee shall be subject to no tip credit for the time working at the non-tipped occupation during that day. The bill also clarifies that customary side work performed by a food service worker, which is ancillary to their occupation and regularly performed as part of their job duties, shall not be considered work at a non-tipped occupation.

New York S05176 amends labor law to clarify when a tip credit applies to employees working both tipped and non-tipped occupations on the same day.

New York S05176 amends the labor law by adding a new section 652-a, which specifies that on any day a service employee or food service worker works at a non-tipped occupation for more than twenty percent of their shift, the wages of such employee shall be subject to no tip credit for the time working at the non-tipped occupation during that day. The bill also clarifies that customary side work performed by a food service worker, which is ancillary to their occupation and regularly performed as part of their job duties, shall not be considered work at a non-tipped occupation.