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MATTER OF NEW YORK STATE RESTAURANT ASSOCIATION, INC. v. COMMISSIONER OF LABOR

45 A.D.3d 1133 (2007)

847 N.Y.S.2d 244

In the Matter of NEW YORK STATE RESTAURANT ASSOCIATION, INC., Petitioner, v. COMMISSIONER OF LABOR et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, Third Department.

Decided November 21, 2007.

Mercure, J.P.

In 2000, the Legislature amended Labor Law § 652 to provide that food service workers, who receive tips and are therefore paid a cash wage that is less than the state's minimum hourly wage, would receive "a cash wage of at least [$3.30] per hour... provided that the tips of such an employee, when added to such cash wage, are equal to or exceed the minimum wage" then in effect (L 2000, ch 14, § 4). Labor Law § 653 (2) was also amended to...

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