Wage and related practices (based on predominant provisions in reporting establishments)-Continued Shift differential payments not provided by any of the hotels studied. Less than 2.5 percent. NOTES 100 100 3 97 100 The following notes described some of the important characteristics of the material summarized in this release. 1. Unless designated otherwise the wages reported represent straight-time hourly earnings (excluding premium overtime payments and shift differentials). Incentive payments, such as those resulting from piecework, production bonuses, and commission systems are included, but nonproduction bonuses, tips, and allowances for room or board or other payments in kind are excluded. Cost-of-living bonuses are considered as part of the workers' regular pay. Hourly earnings reported for salaried workers are derived from regular salaries divided by the corresponding standard hours of work. The wages of learners, apprentices, and handicapped workers are excluded from data for selected occupations but are included in the total when data are presented for all plant workers, men or women. The occupational classifications are based on written job descriptions that are available on request. 2. Although the earnings presented for an occupation exclude differentials for late-shift work, the number of workers reported refers to those employed on all shifts. Furthermore, all employment estimates presented refer to the estimated total in all establishments in the industry and area, excluding only those below the minimum size studied. Generally, a greater proportion of large than of small establishments is studied. Each group of establishments of a certain size, however, is given its proper weight in the combination of data. 3. Shift differential data are presented in terms of (a) establishment policy, and (b) workers actually employed on late shifts at the time of the survey. An establishment was considered as having a policy if it met any of the following conditions: (1) Operated late shifts at the time of the survey, or (2) had formal provisions covering late shifts. 4. Information on wage practices other than shift differentials is presented in terms of the proportion of workers employed in offices or plant departments that observe the practice in question. Due to rounding, sums of individual items do not necessarily equal totals. Tabulations of paid holidays (table C) are further limited to full-day holidays. Data presented for health, insurance, and pension plans (table D) are confined to those for which at least a part of the cost is borne by the employer and exclude social security and workmen's compensation. In the tabulations of vacation policies by years of service (table E), payments not on a time basis were converted; for example, a payment of 2 percent of annual earnings was considered as the equivalent of 1 week's pay. 5. The data on scheduled hours refer to the work schedules of full-time employees during the period studied. These schedules may be either longer or shorter than the hours beyond which premium overtime is paid. STATE OF NEW YORK, DEPARTMENT OF LABOR-MINIMUM WAGE ORDER NO. 6-c for THE HOTEL INDUSTRY EFFECTIVE OCTOBER 11, 1954. PROMULGATED PURSUANT TO ARTICLE 19 OF THE LABOR LAW I. THE FOLLOWING MINIMUM WAGE STANDARDS SHALL APPLY TO ALL-YEAR HOTELS A. Nonresidential employees 1. Basic hourly rate New York City.—The basic minimum hourly rate for employees who work over 30 hours and up to and including 40 hours in any week shall be as follows: (a) Nonservice employees: Employees who receive no meals--- Employees who receive 1 meal per day-- Employees who receive 2 or more meals per day-----. (b) Service employees (except bellboys and baggage porters): Employees who receive 2 or more meals per day---- $0.75 .70 .65 .50 .45 .40 .48 .43 .38 The remainder of the State.-For 3 years from February 15, 1953, the basic minimum hourly rate for nonresidence employees who work over 30 hours and up to and including 44 hours in any week, and thereafter for nonresidential employees who work over 30 hours and up to and including 43 hours in any week, shall be as follows: (a) Nonservice employees: Employees who receive no meals--- Employees who receive 1 meal per day----. Employees who receive 2 or more meals per day----. (b) Service employees (except bellboys and baggage porters): Employees who receive no meals... Employees who receive 1 meal per day‒‒‒‒ Employees who receive 2 or more meals per day- (c) Bellboys and baggage porters: Employees who receive no meals. Employees who receive 1 meal per day--- Employees who receive 2 or more meals per day-- $0.72 .67 .62 .50 .45 .40 .45 .40 .35 2. Part-time hourly rate If any nonresidential employee works 30 hours or less in any week, at the direction of the employer, she is to receive 4 cents per hour additional for each hour worked up to and including 30 hours. In no event shall the earnings for hours worked totaling more than 30 hours in any week be less than the total amount that may be earned at the part-time rate for 30 hours in any such week. The part-time hourly rate shall not apply to full-time employees who voluntarily absent themselves for any period during a week. 3. Overtime rate The minimum hourly rate for nonresidential employees in all-year hotels in (a) New York City, for work in excess of 40 hours in any week; and (b) the remainder of the State, for work in excess of 44 hours in any week for 3 years from February 15, 1953, and thereafter for work in excess of 43 hours in any week, shall be time and one-half the basic minimum rate applicable to the classification of the employee and the number of meals received in the case of employees earning the minimum rate for their classification. For employees paid more than the basic minimum hourly rate who work in excess of the basic weekly hours in any week, the rate for the overtime shall be such that the employee shall receive not less for the full week than would be received by any employee earning the minimum rate. B. Residential employees 1. Basic minimum weekly rate The minimum weekly rate for residential employees who work 44 hours or less in any week shall be as follows: The minimum weekly rate shall be prorated during the first week of employment of new employees who have been hired after the beginning of the week; for employees who have been dismissed as unsatisfactory or whose employment has terminated before the end of the week; for employees who voluntarily absent themselves; and for employees who are prevented from rendering service for more than 6 consecutive hours because of riot, act of God, or stoppage due to general breakdown of equipment. 3. Overtime rate The minimum hourly rate for residential employees for work in excess of 44 hours in any week shall be time and one-half the basic minimum rate applicable to the employee based on a 44-hour week. C. Additional rate-split shift and spread of hours On any day (a) in which the spread of hours exceeds 10, or (b) in which there is more than 1 interval off duty (excluding any meal period of 1 hour or less), or in which both situations occur, an employee shall receive 75 cents in addition to the hourly wages earned. (The additional rate shall not apply to residential employees.) D. Minimum daily rates (a) A nonresidential employee who, by request or permission of the employer, reports for duty on any day, whether or not assigned to actual work, shall be paid for at least 3 hours for 1 shift of 3 consecutive hours or less. (b) A nonresidential employee who, by request or permission of the employer, reports for duty twice on any day, whether or not assigned to actual work, shall be paid for at least 6 hours for 2 shifts totaling 6 hours or less. (c) A nonresidential employee who, by request or permission of the employer reports for duty 3 times on any day, whether or not assigned to actual work, shall be paid for at least 8 hours for 3 shifts totaling 8 hours, or less. Payment shall be made at the minimum hourly rate applicable to the classification of the employee, the number of meals received, and the total number of hours of working time for that week. This regulation shall not apply to an employee who is a student under 18 years of age, on a work day when he or she is required to attend school, but such an employee shall be paid for each hour or fraction thereof of actual work or permitted attendance, not less than the minimum hourly rate applicable to such an employee. E. Rate for waiting time Waiting time (other than time off duty for split shift), during which a nonresidential employee is required or permitted to wait during the work day while no work is provided by the employer, shall be counted as working time. Such waiting time shall be paid for at not less than the minimum hourly rate applicable to the classification of employee, the number of meals received, and the total number of hours of working time for that week. II. THE FOLLOWING REGULATIONS TO SAFEGUARD THESE MINIMUM WAGE STANDARDS IN ALL-YEAR HOTELS SHALL APPLY TO ALL EMPLOYEES, EXCEPT AS OTHERWISE PROVIDED 1. Uniforms.-The employer is to furnish and to launder, clean, and maintain uniforms for all employees. However, if the employee shall have furnished such uniforms at the request or direction of the employer, or as a condition of employment, the employer shall reimburse the employee for the cost thereof not later than 1 week after the furnishing of such uniforms or the time of the next payment of wages, whichever comes later and regardless of whether the employee leaves his employment within such period or not. If the employee leaves within such period he shall be reimbursed for the cost of the uniform at or before leaving. The employer may elect to pay regularly to employees an additional 3 cents per hour in lieu of laundering, cleaning, and maintaining uniforms. 2. Lodging and meals.-No charge shall be made by an employer for lodging or for any meal furnished by the employer to an employee whose compensation is predicated on the inclusion of lodging and meals except as herein indicated. A nonresidential employee in an all-year hotel, working less than 5 hours on any day and receiving meals, shall be paid not less than the hourly rate for employees who receive 1 meal per day. However, such a nonresidential employee working on a split-shift on any day shall receive one meal for each consecutive period of hours worked on that day. A residential employee receiving meals shall receive 3 meals per day for 6 days a week and lodging for the entire week. In no event shall the employer charge for meals if supplied on the seventh day. Nothing herein contained shall prevent such employees purchasing from the employer, or the employer selling to the employee, meals at other times or places than those provided as part of their compensation. 3. Travel time and expense.-Any nonresidential employee in an all-year hotel required or permitted to travel from one establishment to another of the same employer after the beginning or before the close of the working day shall be compensated for travel time at the nonservice rate and shall be reimbursed for carfare. III. THE FOLLOWING MINIMUM WAGE STANDARDS SHALL APPLY TO RESORT HOTELS A. Minimum full-time weekly rate The minimum weekly rate for employees in resort hotels who work 48 hours or less in any week but more than 3 days or 24 hours shall be as follows: 1. Service employees: Employees who receive 3 meals per day and lodging. Employees who receive 3 meals per day and lodging.... Employees who receive 3 meals per day and lodging. B. Exception to weekly rate $8 13 15 20 12 17 19 24 16 21 23 28 The minimum weekly rate shall be prorated during the first week of employment of new employees who have been hired after the beginning of the week; for employees who have been dismissed as unsatisfactory or whose employment has terminated before the end of the week; for employees who voluntarily absent themselves; and for employees who are prevented from rendering service for more than 6 successive hours because of riot, act of God, or stoppage due to general breakdown of equipment. C. Part-time hourly rate The minimum hourly rate for employees who work 3 days or less or 24 hours or less in any week shall be one-fortieth of the applicable weekly rate. D. Overtime rate The minimum hourly rate for employees who work in excess of 48 hours in any week shall be time and one-half the basic minimum rate applicable to the classification of the employee based on a 48-hour week. The minimum hourly rate for employees who work on the seventh consecutive day in any week shall be time and one-half of the basic minimum rate applicable to the classification of the employee for the hours worked on such seventh consecutive day. |