Tips

Law Office of Finn W. Dusenbery

57 W. 57th St, 4th Fl, New York, NY 10019

t: (607) 437-1168

e: info@dusenberylaw.com

Many restaurants have been found to violate New York law when owners, managers, and employees who do not provide customer service, have taken tips from waiters, bussers, and other employees providing customer service. Further, restaurants often take a “tip credit” against employees’ wages, and pay an hourly rate lower than the minimum wage, or a “tip credit minimum wage.” However, when a restaurant owner or manager illegally takes tips, the restaurant may not use the tip credit, making the restaurant liable for both unpaid tips and the difference between minimum wage and the “tip credit minimum wage.”
Employers in other industries besides restaurants may also violate New York law by retaining tips. Other examples of employees that may have claims or unpaid tips include: limo drivers, car wash attendants, hairdressers, golf or tennis instructors, valet parking attendants, and doorpersons.
If you are not receiving all of your tips, contact the Law Office of Finn W. Dusenbery for a free consultation at (212) 583-0030.

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