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)