N.J. Admin. Code § 12:56-8.4

Current through Register Vol. 56, No. 24, December 18, 2024

Section 12:56-8.4 - Administrative handling of gratuities

(a) Provided there is an agreement in advance with the employees, the employer, in order to facilitate the administrative handling of gratuity allowances, may establish an average value of gratuities received by an employee based upon a percentage of gross sales apportioned on basis of hours worked among the employees being tipped. This portion shall be:

1. Derived from a representative sampling of the sources indicated in N.J.A.C. 12:56-8.3; or

2. Ten percent; or

3. Such other method as may be agreed upon subject to the approval of the Commissioner.

(b) Gratuities shall be the property of the tipped employee. Gratuities shall be restored to the tipped employee except when gratuities are pooled, voluntarily by the employees or as a policy of management.

N.J. Admin. Code § 12:56-8.4

Amended by R.1990 d.520, effective 11/5/1990.
See: 22 New Jersey Register 2235(a), 22 New Jersey Register 3379(b).
In (a)3: deleted text that referred to "the assistant director or his authorized representative."