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New York · hospitality uniform maintenance · 12 NYCRR § 146-1.7 · not call-in · not spread

New York hospitality uniform maintenance is a weekly Low / Medium / High flat when the employer requires a uniform and does not maintain it.

12 NYCRR § 146-1.7 (Hospitality Industry Wage Order CR146): if the employer does not maintain required uniforms, pay — in addition to the agreed rate — a weekly Low (20h or fewer), Medium (over 20 through 30), or High (over 30) flat. 2026 rates: NYC / Nassau / Suffolk / Westchester $10.10 / $16.75 / $21.10; remainder of New York $9.55 / $15.80 / $19.85. Wash-and-wear (b) and free employer laundry with written notice (c) turn the allowance off. Not call-in. Not spread-of-hours.

Sourced lines: weekly band × region, wash-and-wear, laundry carve-out

Official CR146 PDF from the New York State Department of Labor (mirrored when the live host returned Cloudflare 403 to this build box). DOL LS400 uniforms guidance and the hospitality FAQ restate the same Low / Medium / High structure.

5×8h = 40h NYC @ $18 → $720 wages + $21.10 High uniform = $741.10
3×8h = 24h NYC → Medium $16.75
2×8h = 16h rest of NY → Low $9.55
Wash-and-wear on → $0 uniform (wages only)
Not call-in 3/6/8. Not spread +1 MW hour.

Medium uses the DOL LS400 “over 20 and up to 30” band (statute text says Medium for “more than 20 but fewer than 30” and High for “over 30” — exactly 30 follows LS400 → Medium). § 146-1.8 purchase reimbursement is out of scope. Tip credit and meal/lodging credits do not reduce this flat.

This is not the other New York pages

Call-in (3/6/8-hour floor) lives at /new-york-hospitality-call-in/. Spread-of-hours lives at /new-york-spread-of-hours/. NYC Fair Workweek lives at /nyc-fair-workweek/. Do not use this page for any of those.

In scope

  • Punches → week hours → Low / Medium / High band
  • 2026 CR146 region rates (downstate vs remainder of NY)
  • Weekly flat in addition to agreed wages
  • Wash-and-wear (b) and employer-laundry (c) toggles
  • FLSA weekly 40 on hours actually worked

Out of scope

  • 12 NYCRR § 146-1.5 call-in (separate page)
  • 12 NYCRR § 146-1.6 spread-of-hours (separate page)
  • § 146-1.8 costs of purchasing required uniforms
  • NYC Admin. Code Fair Workweek
  • Miscellaneous industries Part 142 uniform rules
  • Tip credit / meal / lodging as an offset to this flat

FAQ

What is New York hospitality uniform maintenance pay?

Under 12 NYCRR § 146-1.7, when a hospitality employer requires a uniform and does not maintain it (wash, iron, dry clean, alter, or repair), the employer must pay the employee a weekly Low, Medium, or High flat in addition to the agreed rate of pay, based on hours worked that week. It cannot be offset by meals or lodging and applies regardless of the employee’s regular rate.

What are the 2026 weekly rates?

On and after January 1, 2026 (NY DOL CR146): New York City, Nassau, Suffolk, and Westchester — Low $10.10 (20h or fewer), Medium $16.75 (over 20 through 30 per DOL LS400), High $21.10 (over 30). Remainder of New York — $9.55 / $15.80 / $19.85. Large and small NYC employer rates have converged at those figures.

When is the allowance not owed?

Wash-and-wear exception (b): uniforms made of wash-and-wear materials that can be routinely washed with other garments, need no special treatment, and are furnished in sufficient number. Or (c): the employer launders required uniforms free of charge with reasonable frequency, keeps an adequate supply of clean properly-fitting uniforms, and informs employees in writing — then no allowance even if the employee chooses not to use the service.

Is this call-in pay or spread-of-hours?

Neither. Call-in is 12 NYCRR § 146-1.5 (3/6/8-hour floor). Spread-of-hours is § 146-1.6 (+1 hour at basic MW when spread > 10h). This page is only § 146-1.7 uniform maintenance — a weekly flat by hours band. Purchase reimbursement is § 146-1.8 and is out of scope.

Does overtime still apply?

Yes. Hours worked follow FLSA weekly 40 on this page (1.5× after 40). The uniform maintenance flat is in addition to wages and is not hours worked.