§ 196-d. Gratuities. No employer or his agent or an officer or agent\nof any corporation, or any other person shall demand or accept, directly\nor indirectly, any part of the gratuities, received by an employee, or\nretain any part of a gratuity or of any charge purported to be a\ngratuity for an employee. This provision shall not apply to the checking\nof hats, coats or other apparel. Nothing in this subdivision shall be\nconstrued as affecting the allowances from the minimum wage for\ngratuities in the amount determined in accordance with the provisions of\narticle nineteen of this chapter nor as affecting practices in\nconnection with banquets and other special functions where a fixed\npercentage of the patron's bill is added for gratuities which are\ndistributed to employees, nor to the sharing of tips by a waiter with a\nbusboy or similar employee.\n
N.Y. Lab. Law § 196-d
Gratuities
Applied in 18 court decisions — leading case Bynog v. Cipriani Group, Inc.
Most recently applied in Velasquez v. Sunstone Red Oak, LLC (February 2023)
2014-09-22
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.