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AlexiaEsq.
AlexiaEsq., Managing Attorney
Category: Employment Law
Satisfied Customers: 11682
Experience:  19+ Years of Legal Practice in the Employment law arena.
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Questions: 1. If an employee that works for 10 hours or more

Resolved Question:

Questions:
1. If an employee that works for 10 hours or more continued except for ½ break during a day does the spread hours apply?
2. Does this law apply for restaurant and other industries?
3. Does this law applies only to tip employees?
a. Waitress and busboys?
b. Hourly employees that make as base more than minimum wage?
c. What about salary managers?
4. If I owe the additional (spread hours) money to the employees. What is the best way to handle?
a. Pay the spread for how many years (Current, 1, 2,3,4, back etc)?
b. Do I have to pay interest?
i. At what rate?
c. Should I require the employees to sign a document saying that I paid the owed spread hours?
i. What is the best way to handle it?
ii. What are the key words to include in the document?
5. Regarding Uniforms I provide enough uniforms. the uniforms are regular clothes with the business logo and can be washed with regular clothes the ONLY thing the restaurant requires that the uniforms be iron so the employees look more organize.
a. Do I have to pay the allowance for uniforms since I require that the uniforms be Iron?
b. If I stop the Ironing requirement. Do I still have to pay the uniform allowance?
c. How to handle it. I want the employees to look organized , but I do not want/we cannot afford to pay the additional allowance?
NYS Department Of Labor Part 146 Hospitality Wage Order (pages 3 and 4)
146-1.6. Spread of hours greater than 10 in restaurants and all-year hotels. The spread of hours is the length of the interval between the beginning and end of an employee's workday. The spread of hours for any day includes working time plus time off for meals plus intervals off duty. Examples of a spread of hours greater than 10 are: 7 am – 10am, 7pm – 10pm = 6 hours worked but a 15 hour spread; 11:30am – 3pm, 4pm – 10:00pm = 9½ hours worked but a 10½ hour spread. 4
(a) On each day on which the spread of hours exceeds 10, an employee shall receive one additional hour of pay at the basic minimum hourly rate. (b) The additional hour of pay shall not be offset by any credits for meals or lodging provided to the employee. (c) The additional hour of pay is not a payment for time worked or work performed and need not be included in the regular rate for the purpose of calculating overtime pay. (d) This section shall apply to all employees in restaurants and all-year hotels, regardless of a given employee’s regular rate of pay. 146-1.7. Uniform maintenance pay. (a) Where an employer does not maintain required uniforms for any employee, the employer shall pay the employee, in addition to the employee’s agreed rate of pay, uniform maintenance pay of: $9.00 per week for work weeks over 30 hours; $7.10 per week for work weeks of more than 20 but not more than 30 hours; and $4.30 per week for work weeks of 20 hours or less. Maintaining required uniforms includes washing, ironing, dry cleaning, alterations, repair, or any other maintenance necessary. (b) Wash and wear exception to uniform maintenance pay. An employer will not be required to pay the uniform maintenance pay, where required uniforms (1) are made of "wash and wear" materials, (2) may be routinely washed and dried with other personal garments, (3) do not require ironing, dry cleaning, daily washing, commercial laundering, or other special treatment, and (4) are furnished to the employee in sufficient number, or the employee is reimbursed by the employer for the purchase of a sufficient number of uniforms, consistent with the average number of days per week worked by the employee. (c) Employee chooses not to use employer-provided laundry service. The employer will not be required to pay uniform maintenance pay to any employee who chooses not to use the employer’s service, where an employer (1) launders required uniforms free of charge and with reasonable frequency, (2) ensures the availability of an adequate supply of clean, properly-fitting uniforms, and (3) informs employees individually in writing of such service. (d)
Submitted: 8 months ago.
Category: Employment Law
Expert:  AlexiaEsq. replied 8 months ago.
Hi, my name is XXXXX XXXXX X thank you for your inquiry. I have been practicing Employment law for 19+ years and look forward to assisting you. I note that you have 25+ questions inserted into one very limited choice of transaction post. That exceeds the scope of what I can afford to donate here in time and any necessary research by about 24 questions.

I am happy to discuss each one with you, but can only do one per post transaction. When the first one is answered to our mutual satisfaction, we can move on to the next that you can place into a new transaction, which you may specifically, if you choose, direct only to me (by expressly stating so in your first line of your post for each). If that is acceptable to you, please let me know and I will check back with you during my work day.

Sincerely,
Alexia Esq.
Customer: replied 8 months ago.


I can send one question a the time , but all relate to two matters.

I have the monthly subscription. I do no know if you work with the monthly subscription.

 

Please let me know if I you need more information about this matter.

Expert:  AlexiaEsq. replied 8 months ago.
Yes, not to worry. Monthly is an arrangment between you and this company. I am still here when I can, and it doesn't relate to me, as I understand it.

OK, so let's take a look here:

1.
If an employee that works for 10 hours or more continued except for ½ break during a day does the spread hours apply?

Generally, yes, if it is in an industry that mandates spread of hours pay. As noted by colleague, Attorney Sova:

"“Spread of hours” pay is an extra hour of pay at the minimum wage rate that must be paid to certain non-exempt employees (i.e., employees who must be paid overtime wages) when the interval between the beginning and end of an employee’s workday (the so-called “spread”) exceeds 10 hours. The additional hour of pay is not payment for work performed and need not be factored in when calculating overtime pay. The spread includes working time plus time off for meals and any off-duty time, the result of which is that an employee working 10 hours or less on a particular workday may still be entitled to an extra hour of “spread of hours” pay." In addition, most NY courts have held that outside the hospitality industry, it is only applicable in low hourly wage positions. The Wage Order applicable to the restaurant industry is 146-1.6. (NYCRR 146).

I will answer #2 here also, since I included it logically above:


2. Does this law apply for restaurant and other industries? Yes, especially restaurants, but others as well. (But not all.)

I hope this helps! My goal is to provide you with excellent and accurate service – if you feel you have gotten anything less, please reply back, I am happy to address follow-up questions. Kindly rate me "excellent" when you are done. I look forward to assisting you in the future, should you have legal questions. Be sure to start future posts with "To Alexia Esq., ONLY" if you want me to specifically answer it.

Sincerely, XXXXX XXXXX

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AlexiaEsq., Managing Attorney
Category: Employment Law
Satisfied Customers: 11682
Experience: 19+ Years of Legal Practice in the Employment law arena.
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