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A menu of rights for New York restaurant workers

Overtime

For any hours you work over 40 per week, you must receive overtime.
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Spread of Hours Pay

You may be entitled to an extra hour of pay when your work day spans more than ten hours.
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Service Charge

A “service charge” or fixed gratuity belongs to the waitstaff.
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Hours Worked

You should be paid for any time you are required to be in the restaurant.
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Deductions

Your restaurant cannot charge you for customer walkouts or breakage.
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Uniforms

You cannot be charged for buying or cleaning a uniform.
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Minimum Wage

Your restaurant must pay you a minimum wage of at least $7.25 per hour, or at least $5.00 per hour (effective January 1, 2011) if it takes a “tip credit.”
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Tip Splitting

Restaurants cannot require servers to share their tips with non-service employees
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Credit Card Fees

An employer can deduct from charged tips no more than the credit card processing fees assessed on the charged tips. 
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