Legal Opinion
New York State Restaurant Ass'n v. Commissioner of Labor
Appellate Division of the Supreme Court of the State of New York
Decided November 21, 2007PublishedCited by 4 opinions
1Opinion of the Court
Mercure, J.P.
Proceeding pursuant to CPLR article 78 (initiated in this Court pursuant to Labor Law § 657 [2]) to review a determination of respondent Industrial Board of Appeals which confirmed a minimum wage order issued by respondent Commissioner of Labor increasing the cash wage paid to certain food service workers.
In 2000, the Legislature amended Labor Law § 652 to provide that food service workers, who receive tips and are therefore paid a cash wage that is less than the state’s minimum hourly wage, would receive “a cash wage of at least [$3.30] per hour . . . provided that the tips of…
2Cases cited7 opinions
- County of Sullivan v. Edward L. Nezelek, Inc.New York Court of Appeals · 1977
- Mtr of Katherine B v. CataldoNew York Court of Appeals · 2005
- Settlement Home Care, Inc. v. Industrial Board of Appeals of the Department of LaborAppellate Division of the Supreme Court of the State of New York · 1989
- In re Wells Plaza Corp.Appellate Division of the Supreme Court of the State of New York · 1960
- In re of Wells Plaza Corp.New York Court of Appeals · 1960
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Matter of Community Hous. Improvement Program v. Commissioner of LaborAppellate Division of the Supreme Court of the State of New York · 2018
- Matter of Guendjian v. ReardonAppellate Division of the Supreme Court of the State of New York · 2019
- National Restaurant Ass'n v. Commissioner of LaborAppellate Division of the Supreme Court of the State of New York · 2016
- National Restaurant Ass'n v. Commissioner of LaborAppellate Division of the Supreme Court of the State of New York · 2016