The New York Department of Labor has created the New York Hospitality Industry Employees Wage Order to show the minimum wage rates for hospitality industry employees.
The term restaurant includes any eating or drinking place that prepares and offers food or beverage for human consumption either on any of its premises or such service as catering, banquet, box lunch, curb service or counter service to the public, to employees, or to members or guests of members, and services in connection therewith or incidental thereto. The term hotel 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 hotel term also includes all- year hotels such as motor courts, motels, cabins, tourist homes, and other establishments serving similar purposes. Lastly, the term includes resort hotels that offer lodging accommodations of a vocational nature to the public or to members or guest of members, and which:
- operates for not more than seven months in any calendar year; or
- being located in a rural community or in a city or village of less than 15,000 population, increased its number of employee workdays during any consecutive four-week period by at least 100 percent over the number of employee workdays in any other consecutive four-week period within the preceding calendar year; or being located in a rural community or in a city or village of less than 15,000 population, increased its number of guest days during any consecutive four-week period by at least 100 percent over the number of guest days in any other consecutive four-week period within the preceding calendar year.
Posting Requirement
All hospitality industry employers are required to post the New York Hospitality Industry Employees Wage Order in a place where employees can easily see it (12 NYCRR §146-2.4).