For over a year, New York State employers harbored concerns that New York State would enact rules that would eliminate their ability to apply a tip credit towards the wages of employees who earn tips. The reason for this concern was that Governor Andrew M. Cuomo, as part of his 2018 State of the State address, directed the New York State Labor Commissioner to examine the impact of minimum wage tip credits. While it took over a year, the New York State Department of Labor (NYDOL) finally issued its long-awaited report over the New Years’ break and concluded that the tip credit should be eliminated for all employers subject to the provisions of the Minimum Wage Order for Miscellaneous Industries and Occupations.
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