N.Y. Comp. Codes R. & Regs. tit. 12 § 146-2.14 : DEPARTMENT OF LABOR — DIVISION OF LABOR STANDARDS — Minimum Wage Orders — HOSPITALITY INDUSTRY —2 - REGULATIONS —2.14 - Tip sharing and tip pooling

(a) Tip sharing is the practice by which a directly tipped employee gives a portion of his or her tips to another service employee or food service worker who participated in providing service to customers and keeps the balance.

(b) Tip pooling is the practice by which the tip earnings of directly tipped employees are intermingled in a common pool and then redistributed among directly and indirectly tipped employees.

(c) Directly tipped employees are those who receive tips from patrons or customers without any intermediary between the patron or customer and the employee.

(d) Indirectly tipped employees are those employees who, without receiving direct tips, are eligible to receive shared tips or to receive distributions from a tip pool.

(e) Eligibility of employees to receive shared tips, or to receive distributions from a tip pool, shall be based upon duties and not titles. Eligible employees must perform, or assist in performing, personal service to patrons at a level that is a principal and regular part of their duties and is not merely occasional or incidental. Examples of eligible occupations include:

(1) wait staff;

(2) counter personnel who serve food or beverages to customers;

(3) bus persons;

(4) bartenders;

(5) service bartenders;

(6) barbacks;

(7) food runners;

(8) captains who provide direct food service to customers; and

(9) hosts who greet and seat guests.

(f) Employers may not require directly tipped employees to contribute a greater percentage of their tips to indirectly tipped employees through tip sharing or tip pooling than is customary and reasonable.

N.Y. Comp. Codes R. & Regs. Tit. 12 § 146-2.14

Amended New York State Register December 28, 2016/Volume XXXVIII, Issue 52, eff.12/31/2016