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Monthly Reminders

June 2013

Trim bushes after new growth appears to keep the manicured look

Check the parking lot for potholes or cracks in the pavement - repair as needed

Re-paint stripes and arrows in parking lot

Roof maintenance - do you remember where the drips were coming from last winter?

How is your controller? Check connections, relays & printer - any updates available?

Do you have a reminder you would like us to post? Send it to us!

Tip: Have you started your saftey binder?.... check out the blog CarWash Safety 101 for more details

News | July 2012 - NYSDOL Update

NYSDOL

NYS Department of Labor Audit Update! *July 2012

Please note that as a result of the Department of Labor's investigation into the
carwash industry that began in 2008, follow-up visits still may be conducted at those washes found in violation. Also, additional audits and follow up visits may occur throughout the state.

The New York State Car Wash Association (NYSCWA) has assembled educational
information and the NYS Labor Law Summary For Carwashes to ensure that every
member knows the law and complies with it. If you would like to request an educational

seminar, contact us at 518/280-4767 or 800/287-6604.

For additional labor law questions, please contact the NYS Department of Labor,
Div. of Labor Standards at:

www.labor.ny.gov or lsask@labor.state.ny.us or call 1/888-4-NYS-DOL (888/469-7365)

NYS Labor Law Summary For Carwashes

WAGES
Manual workers must be paid weekly and within 7 days after the end of the
workweek.

As of July 24, 2009, the basic minimum hourly wage is $7.25 for the first 40 hours in a workweek.

An employee who, by request or permission of the employer, reports for work on
any day must be paid for at least 4 hours, or the number of hours in the
regularly-scheduled shift, whichever is less, at the basic minimum hourly wage.

For any day in which the spread of hours exceeds 10 hours, or there is a split
shift, or both, an employee must receive one extra hour’s pay at the basic
minimum hourly wage, in addition to the minimum wage for hours worked. A split
shift is a shift divided by an off-duty period greater than one hour. The spread
of hours is the total amount of time elapsed from the starting time to the
ending time of the work day, regardless of the number of hours worked in
between.

If an employee normally receives tips, an employer may claim a credit toward the
basic minimum hourly wage of:

• Up to $1.75 per hour for an employee whose weekly average of tips received is
at least 1.75 per hour;
• Up to $1.10 per hour for any employee whose weekly average of tips received is
between $1.10 and $1.75 per hour;
• Zero for any employee whose weekly average of tips received is less than $1.10
per hour.

OVERTIME PAY
Hours over 40 in a workweek must be paid at 1.5 times the worker’s regular rate
of pay. If an employee is paid a sub-minimum rate plus a tip credit, the employer must first

multiply 1.5 times the basic minimum hourly rate and then apply the same tip credit to the

overtime rate as was applied to the non-overtime rate, as follows:

$7.25 x 1.5 = $10.875
$10.875 minus the same tip credit the employer used for the non-overtime
hours = the overtime rates.

TIPS
Employers and managers may not demand or accept any part of the tips received by
employees and may not keep any payment by a customer purported to be a gratuity.
Employers and managers may not require employees to pool their tips. Employees
who wish to pool their tips may do so, but the pool must be initiated by and
completely controlled by the employees.

MEAL PERIODS
In general, employees who work shifts longer than 6 hours must be given meal
periods of at least 30 minutes approximately mid-shift.

Exception: If the shift is longer than 6 hours and completely covers the noonday
period from 11:00 am to 2:00 pm, then the meal period must occur between 11:00
am and 2:00 pm.

A worker who starts before 11:00 am and finishes after 7:00 pm must receive, in
addition to a lunch period, an additional break of at least 20 minutes for
supper between 5:00 pm and 7:00 pm.

UNIFORMS
Purchasing: Employers may require employees to purchase their own uniforms at
their own expense with the following limitations:

• Employers may not require workers to purchase uniforms from the employer or
from any entity in which the employer has an interest;
• Employers may not make payroll deductions for the cost or maintenance of
uniforms; and
• Employees who are paid at or near the minimum wage must not have their wages
reduced below the minimum wage by the cost of required uniforms. The employer
must either provide the uniform garments at no cost to the employee or
reimburse the employee, by the next regular payday, for out-of-pocket costs.

Laundering: Employers must either launder required uniforms for the employees or
pay the employees the following extra pay, in addition to minimum wage for hours
worked, for laundering and maintaining their own uniforms:

$9.00 per week for a workweek of more than 30 hours
$7.10 per week for a workweek for more than 20 but not more than 30 hours
$4.30 per week for a workweek of 20 hours or less.

PROHIBITED DEDUCTIONS OR CHARGES
Prohibited deductions or charges include, but are not limited to:
• Deductions or deposits for tools, boots, raincoats or uniforms necessary for the
job;
• Deductions for cash shortages;
• Fines or penalties for being late, misconduct, or quitting without notice.

WAGE STATEMENTS
Employers must give each employee a statement (pay stub) with every payment of wages, listing:

how the employee is paid (per hour, per week, per shift, etc.); dates covered by payment; weekly

hours worked (regular and overtime); rates paid (regular and overtime); gross wages; credits

claimed, if any, as part of the minimum wage; all deductions; gross wages; net wages;

employee’s name; employer’s name, address, and phone number.

RECORDS
Employers must keep, for 6 years, records which show for each employee: all of the items required

on the wage statements, above, plus: name and address; social security number; wage rates;

daily hours worked, including the time of arrival and departure of each employee working a split shift

or a spread of hours greater than 10; and, if a piece-rate method of payment is used, the number of
units produced daily and weekly.

PAY NOTICE
Employers must issue a notice of pay rate and payday to each new hire at the time of hire, and to all employees by February 1st each year. The notices must contain specific information and must be in

an employee’s primary language. The employer must obtain an acknowledgement that an employee

received the notice. The Department of Labor website has translated templates and acknowledgements available for employers to use.

MINORS AGED 16 or 17
To work in a carwash, minors must be at least 16 years of age and must have an
Employment Certificate issued by a public school system. The employer must check
the E.C. to make sure it is current, keep it on file at the workplace while the
minor is employed, and return it to the minor at the end of employment. Printed
on the back of the E.C. are the permitted work hours for the minor during school
weeks and during school vacation periods. The employer must stay within the
permitted hours and must post a schedule of the hours to be worked by the minors
each week. If any changes are made during the week, they must be noted in
writing on the schedule.

For additional information contact:
NYS Department of Labor
Division of Labor Standards
Gov. W. Averell Harriman State Office Building Campus
Bldg. 12, Albany, NY 12240
Website: www.labor.ny.gov
Email: lsask@labor.state.ny.us
Phone: 1-888-4-NYS-DOL (888-469-7365)

Labor Law Educational Materials can be found on the NYS DOL website, or hardcopies can be

provided upon request.

Laws Governing the Employment of Minors (P 882) available upon request

Minimum Wage Order for Miscellaneous Industries and Occupations (07-09) available on line

Labor Law Educational Materials can be found

Top Stories

Monthly Reminders

June 2013

NYS Department of Labor Audit Update! *July 2012