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I work in a hotel as ast banquet mgr, my pay is based on…

Customer Question
Good evening, i work...

Good evening, i work in a hotel as ast banquet mgr, my pay is based on points=gratuity and base salary because of new ny state law they have to raise my base, they want to take my point(gratuity) to make the difference does that make sense?? also i looked the law went into effect last year do they owe me money they said i am going to have to sign something with hr??

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

I'm sorry New York, Nassau county

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

I am a full time employee, been there 20 years

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No thank you

Submitted: 6 months ago.Category: Employment Law
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Answered in 8 minutes by:
12/30/2017
Employment Lawyer: Legal Eagle, Lawyer replied 6 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Employment Law
Satisfied Customers: 13,353
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Employment Lawyer: Legal Eagle, Lawyer replied 6 months ago

Thank you very much for your patience. So, generally, an employer is required to provide at least a minimum wage to you. Gratuity pay is not generally governed under the law as the law allows employers to determine how they are going to distribute gratuity to its employees. This means that an employer may adjust the amount of gratuity that you earn. This doesn't mean that gratuity that goes directly to you can be deducted, but it does mean that if they generally limit the amount of gratuity you are to receive to compensate the increase in base pay, then that is typically allowed. I'm very sorry and I wish I had better news or some other law that contradicted this. The only requirement is that the employer has to provide you notice if they are going to be changing this credit system.

Did you have any other questions for me today?

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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