Court of Appeals of New York

In response to certified questions from The United States Court of Appeals for the Second Circuit regarding defendant's tip-splitting policy under N.Y. Labor Law section 196-d: 1) an employee whose personal service to patrons is a principal or regular part of his or her duties may participate in an employer-mandated tip allocation arrangement under Labor Law section 196-d, even if that employee possesses limited supervisory responsibilities, but an employee granted meaningful authority or control over subordinates can no longer be considered similar to waiters and busboys within the meaning of section 196-d and, consequently, is not eligible to participate in a tip pool; and 2) defendant's decision to exclude assistant store managers from the tip pool is not contrary to Labor Law section 196-d.

Appellate Information

• Decided 06/26/2013
• Published 06/26/2013

Judges

• GRAFFEO

Court

• Court of Appeals of New York

Counsel