Bill > A09008

This bill establishes new regulations for tip pooling in counter service restaurants, specifically defining such restaurants as establishments where customers order and pay at a counter with limited table service, and where tips are collected in a common pool. The bill allows these restaurants to implement tip pooling policies that distribute tips among all hourly employees in both service and non-service positions, provided all employees are paid at or above minimum wage. Employers can require employee participation in tip pooling and must distribute tips proportionally based on hours worked, with the key restriction that management and those with personnel decision-making authority cannot participate in the tip pool. Restaurants must clearly communicate their tip pooling policies to employees through conspicuous notices or other effective disclosure methods, and if they decide to discontinue tip pooling, they must provide at least seven days' advance notice to employees. The legislation will take effect 90 days after becoming law, with provisions for immediate preparation of any necessary implementing regulations.

Labor and Employment

https://www.nysenate.gov/legislation/bills/2025/A9008