N.Y. Labor Law § 196-d: Gratuities

§ 196-d. Gratuities. No employer or his agent or an officer or agent

of any corporation, or any other person shall demand or accept, directly

or indirectly, any part of the gratuities, received by an employee, or

retain any part of a gratuity or of any charge purported to be a

gratuity for an employee. This provision shall not apply to the checking

of hats, coats or other apparel. Nothing in this subdivision shall be

construed as affecting the allowances from the minimum wage for

gratuities in the amount determined in accordance with the provisions of

article nineteen of this chapter nor as affecting practices in

connection with banquets and other special functions where a fixed

percentage of the patron's bill is added for gratuities which are

distributed to employees, nor to the sharing of tips by a waiter with a

busboy or similar employee.