TipRecord

Law by state · NY

Tipping and service-charge law in New York

  • In New York there is a rebuttable presumption that any charge in addition to food, beverage, and lodging, including one called a "service charge" or "gratuity," is a gratuity owed to service employees, unless the customer is clearly told otherwise.

    Source: 12 NYCRR 146-2.18 and 146-2.19; Samiento v. World Yacht (N.Y. 2008) · Verified 2026-09

  • New York allows deducting a proportional share of the card processing fee from a card tip, and no more.

    Source: 12 NYCRR 146-2.20 · Verified 2026-09

  • New York City restricts most restaurant surcharges; the Department of Consumer and Worker Protection published amendments in November 2025.

    Source: 6 RCNY 5-59 · Verified 2026-09

    Pending: Statewide Junk Fee Prevention Act (S363) passed the Senate in 2025 and was not enacted as of September 2026.

The federal baseline

Where to file

On the record in New York

Locations in New York with a published claim, ordered by the number of independent reports behind it.

No published record in New York yet. Add the first one.

TipRecord does not determine whether this business complies with any law. These lines quote what the cited statute or agency says, as of the verified date, and are not legal advice.