Can a restaurant force you to tip NY?

Can a Restaurant Force You to Tip in New York?

In the state of New York, restaurants are not permitted to require customers to pay gratuities or tips. This is clearly outlined in the New York State Labor Law.

Prohibition of Tip Retention

Section 196-d of the New York State Labor Law explicitly states that “no employer shall demand or accept any part of the gratuity or tip given to or left for an employee by a patron.” This means that restaurants cannot take a portion of customer-provided tips for themselves.

Consequences of Violating the Law

If a restaurant violates this law, it may face legal consequences. The New York State Department of Labor can investigate complaints and take enforcement actions, which may include fines or other penalties.

Customer Protection

This law protects customers from being pressured into paying tips that they do not wish to give. It also ensures that employees receive the full amount of the tips intended for them.

What to Do if You Encounter a Restaurant Demanding Tips

If you are asked to pay a forced gratuity or tip at a restaurant in New York, you can take the following steps:

• Politely inform the server or manager that the practice is unlawful.
• Refer them to Section 196-d of the New York State Labor Law.
• If they persist, you can file a complaint with the New York State Department of Labor by calling 1-888-469-7365.

Conclusion

It is important for both customers and restaurant owners to be aware of the laws regarding tips. In New York State, restaurants are prohibited from demanding or accepting tips intended for employees. Customers have the right to give tips voluntarily, and employees are entitled to receive the full amount of those tips.