ALBANY LEGISLATIVE UPDATES:

Want to Change Burdensome Regulations?
Governor Paterson has issued an Executive Order calling on state agencies like the NYS Dept. of Labor and the State Liquor Authority to seek input on existing regulations that are burdensome or out of date.
Please read the attached PDF file to find out how you can submit comments. 
 

New Law Requires Written Notice of Pay Rate

Minimum Wage Will Increase 10 cents on July 24, 2009
The third increase to the federal minimum wage will go into effect on July 24, 2009 and will trigger an increase in the New York State minimum wage. The state and federal minimum wage will increase to $7.25 an hour on July 24, 2009.

On July 23, the New York State Department of Labor issued emergency regulations to increase the rates and allowances for the restaurant industry.  You can review them on the Department of Labor's website
Scroll down to "Summary of Wage Order Rates and Allowances for the Restaurant Industy.  
All rates and allowances are effective July 24, 2009.

Basic Minimum Hourly Rate $7.25 an hour

Tip Allowance (per hour)
Food Service Workers * $2.60
All other workers $1.60 (if average tips are between $1.60 and $2.30 an hour)
or $2.35 (If average tips are $2.30 an hour or more)

Please note that the cash wage for tipped emplopyees equals the minimum wage minus the tip allowance.

Uniform Maintenance rate (per week)
Over 30 hours $9.00
20 – 30 hours $7.10
20 hours or less $4.30

Per Meal Allowance
Food service workers* earning a cash wage of $4.65 an hour    $2.10
All other workers $2.50

Executive and Administrative Exemption
Minimum weekly salary required $543.75

* A “food service worker” means an employee primarily engaged in the serving of food and beverages to guests, patrons or customers in the hotel or restaurant industry, including but not limited to, waitstaff, bartenders, captains and busing personnel; and who regularly receive tips from such guests, patrons or customers.

Please note that this is not the result of the recent Wage Board hearings. The Wage Board is continuing to deliberate and will issue a report sometime in August.
 

Floor Tax Returns Must Be Filed by July 20, 2009
April 16, 2009 
As part of the recently passed New York State Budget, the Legislature increased the excise tax on beer to 14 cents per gallon and wine to 30 cents per gallon.  Therefore any beer or wine delivered after May 1, 2009 will be subject to the new excise tax rates.  In order to capture the increased tax on all beer and wine in inventory, the state will also be collecting a floor tax on  your inventory.  Retailers including, but not limited to restaurants, caterers, bars and taverns must take a physical inventory, file a floor tax return , and pay the increased tax on all beer and wine in their inventory for sale as of the start of business on May 1, 2009.  The floor tax return must be filed by July 20, 2009.
To read the compliance document from the NYS Dept of Tax & Finance click here.
To get a copy of the floor tax return form click here.

Legislature Reaches Budget Agreement
April 2, 2009 
We are proud to report that NYSRA's ongoing legislative efforts have paid off once again.  These efforts ensured that Governor Paterson's final budget did not include many of the initial proposals, which would have adversely impacted the restaurant industry.  These achievements could not have been attained without the vital support of our members.
To read the full report of specific proposals that impact the restaurant industry click here.

  Sales Tax on Gratuities and Service Charges