NY A09008

Allows counter service restaurants (where orders are placed at a counter/kiosk, payment occurs before receiving food, and tips go to a common pool rather than individual servers) to implement tip pooling among all hourly employees

Permits tips to be distributed to both service and non-service position employees, provided all participating workers are paid at or above minimum wage

Employers may require employee participation in tip pools and must distribute tips based on proportion of hours worked

Prohibits employers and managerial staff with authority over personnel decisions from participating in tip pools

Requires restaurants to provide conspicuous notice to employees when implementing or discontinuing tip pooling policies, with at least seven days advance notice when ending such policies

Takes effect 90 days after becoming law