For all employees hired on or after October 26, 2009, the New York State Department of Labor requires employers to notify the employee, in writing, of their pay day and pay rate. The new law states that the notice:
1. Must be in writing in compliance with New York Labor Law Section 195.1.
2. Must include the regular rate of pay, overtime rate and regular payday.
3. Must be provided on a form available from the NYS Department of Labor. Get the form here:  www.labor.state.ny.us/workerprotection/laborstandards/PDFs/LS_52_Hourly_Rate_Plus_Overtime.pdf
4. Must be given to new employees before they do any work.
5. Employer must receive a written acknowledgment that the employee has received the notice.
For more info, see the NYS Department of Labor circular at: www.labor.state.ny.us/workerprotection/laborstandards/PDFs/P705_E.pdf

As the owner of a restaurant, you should consider providing your key personnel with employment contracts. The employment contract will provide the employee with job security, will clarify all of the conditions and duties of employment, and will create a contractual obligation for them to be employed for the term of the contract.

GENERAL RULE: While there is no required form that the contract must take, certain key provisions should be included, such as the (i) term (i.e. length of employment), (ii) compensation, (iii) employees duties and obligations, (iv) confidentiality, non-disclosure, non-compete, and non-solicit provisions, and (v) grounds for termination or a “Just Cause” clause.

The more detail contained in the contract, the less room for disagreement during the employment period. As an owner, be sure to have the “Just Cause” clause worded in a manner that allows you to terminate the employee during the term, without any penalty, if the employee engages in negligence, misconduct, excessive absences, drug use, theft, fraud, fails to perform his duties in a professional manner, performs an act or omission of an act that could be deemed injurious to the company financially or to its reputation, or is convicted (or a plea of no contest) of any misdemeanor or felony.

The New York City Mayor’s Office published a terrific guide that should be read by all indiviudals that own, or plan to own, a restaurant in NYC.   Its a terrific resource for the basics of NY restaurant ownership.  Here’s the link to the guide:

http://www.nyc.gov/html/records/pdf/govpub/2737nycrestaurantguide-81606.pdf