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Hospitality industry
New York has established minimum wage and overtime regulations specific to the hospitality industry. For purposes of New York’s minimum wage and overtime laws, the term hospitality industry includes any restaurant or hotel.
A restaurant includes any eating or drinking establishment that prepares and offers food or beverages for human consumption on its premises or by services such as catering, banquet, box lunch, curb service, or counter service to the public, employees, or members or guests of members, and services in connected with or incidental thereto. Restaurant include but are not limited to the restaurant operations of other types of establishments, restaurant concessions in any establishment, and concessions in restaurants.
The term hotel includes establishments, which as a whole or part of its business activities, offer lodging accommodations for hire to the public, employees, or members or guests of members, and services in connected with or incidental thereto. These establishments include but are not limited to commercial hotels, apartment hotels, resort hotels, lodging houses, boarding houses, all-year hotels, furnished room houses, children’s camps, adult camps, tourist camps, tourist homes, auto camps, motels, residence clubs, membership clubs, dude ranches, and spas and baths that provide lodging.
A resort hotel is defined as a hotel establishment that offers lodging accommodations of a vacational nature to the public or members or guests of members, and which:
- operates for not more than seven months in any calendar year; or
- being located in a rural community or in a city or village of less than 15,000 population, increased its number of employee workdays during any consecutive four-week period by at least 100 percent over the number of employee workdays in any other consecutive four-week period within the preceding calendar year; or
- being located in a rural community or in a city or village of less than 15,000 population, increased its number of guest days during any consecutive four-week period by at least 100 percent over the number of guest days in any other consecutive four-week period within the preceding calendar year.
An all-year hotel is does not qualify as a resort hotel. Motor courts, motels, cabins, tourist homes, and other establishments serving similar purposes are considered all-year hotels unless they specifically qualify as resort hotels.
The following are not considered to be part of the hospitality industry for purposes of New York’s minimum wage and overtime requirements:
- establishments where the service of food or beverage or the provision of lodging is not available to the public or members or guests of members, but is incidental to instruction, medical care, religious observance, or the care of persons with disabilities or those who are impoverished or other public charges; and
- establishments where the service of food or beverage or the provision of lodging is offered by a corporation, unincorporated association, community chest, fund, or foundation organized exclusively for religious, charitable or educational purposes, whose net earnings do not inure to the benefit of any private shareholder or individual.
NY Admin. Rules 146-3.1 For those entities that do not fall within the hospitality industry, other minimum wage and overtime regulations may apply.
Find out more about New York’s minimum wage and overtime regulations specific to the hospitality industry.
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