The New York State Department of Labor requires a Summary of Wage Order Rates and Allowances be posted next to the Minimum Wage poster. Industry Wage Order Rates and Allowances apply to specific industries and govern wages, hours and conditions and limitations for that industry. Current Wage Order Rates and Allowances, and any required regulations or supplements, must be posted by employers in covered industries. There are four applicable industries covered; Building Service, Restaurant, Hotel, and Miscellaneous Industries and Occupations.
The Building Service Industry includes any person, corporation or establishment engaged in whole or in part in renting, servicing, cleaning, maintaining, selling, or managing buildings or building space, and all occupations, operations and services in connection therewith or incidental thereto. The industry includes, but is not limited to, real estate owners, building owners, operators, lessors, managing agents and independent contractors. The building service does not include a building trades contractor engaged exclusively in the field of construction, or any building owned, operated and used solely for religious, charitable or educational purposes by a nonprofit organization organized exclusively for religious, charitable or educational purposes, no part of the net earnings of which inures to the benefit of any private shareholder or individual. The exclusions are not deemed to be exclusions from coverage under another minimum wage order.
The Restaurant Industry includes any eating or drinking place that prepares and offers food or beverage for human consumption either on any of its premises or by such services as catering, banquet, box lunch, or curb service or counter service to the public, to employees, or to members or guest of members, and services in connection therewith or incidental thereto. The industry includes, but is not limited to, restaurant operations of other types of establishments, restaurant concessions in any establishment and concessions in restaurants. The term restaurant industry excludes:
a. Eating or drinking places operated by establishments customarily offering lodging accommodations of 5 or more rooms to the public, to employees or to members or guests of members, except that it does not exclude eating or drinking places offering lodging accommodation only to their own employees;
b. Eating or drinking places operated by establishments where the service of food or beverage is not available to the public but is incidental to instruction, medical care, religious observance, or the care of handicapped or destitute persons or other charges; and
c. Eating and drinking places operated by any corporation, unincorporated association, community chest, fund or foundation organized exclusively for religious, charitable or educational purposes, no part of the net earnings of which inures to the benefit of any private shareholder or individual. The exclusions shall not be deemed to exempt such establishments from coverage under another minimum wage order which covers them.
The Hotel Industry includes any establishment which as a whole or part of its business activities offers lodging accommodations for hire to the public, to employees, or to members or guests of members, and services in connection therewith or incidental thereto. The industry includes but is not limited to commercial hotels, apartment hotels, resort hotels, lodging houses, boarding houses, furnished room houses, children’s camps, adult camps, tourist camps, tourist homes, auto camps, motels, residence clubs, membership clubs, dude ranches, Turkish baths and Russian baths. The term hotel industry excludes:
a. eating and drinking places (i) customarily offering lodging accommodations only to their own employees; (ii) customarily offering lodging accommodations of less than five rooms to the public, or to members or guests of members whether or not lodging accommodations are offered to their own employees;
b. establishments in which lodging accommodation is not available to the public, or to members or to guests of members, but is incidental to instruction, medical care, religious observance, or to the care of handicapped or destitute persons or other public charges;
c. establishments in which lodging accommodations are offered by any corporation, unincorporated association, community chest, fund or foundation organized exclusively for religious, charitable or educational purposes, no part of the net earnings of which inures to the benefit of any private shareholder or individual. The exclusions shall not be deemed to exclude such establishments from coverage under another minimum wage order which covers them.
The Miscellaneous Industry and Occupations includes any employed individual not excluded under Section 142-2.14. Excluded are Federal, State and municipal government, labor on a farm, executive, administrative or professional capacity, non-profit making institutions and outside sales persons, among others.
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New York Building Service Company Wage Order Poster
New York Hotel Industry Wage Order Poster
New York Restaurant Industry Wage Order Poster
New York All Other / Miscellaneous Wage Order Poster