Yeah.

Okay.

In the hospitality industry, you don't get that.

There's no discretion.

So once we're more than 10 hours, you must pay that hour at minimum wage.

And the reason that you need to understand this is because believe it or not, it does interplay with other laws that affect the employment relationship and might stop you from taking an action that you otherwise would have taken under a different law.

I'll give you an example.

that's right so so the other and again just so everybody knows what we're doing here is we're talking about those things that affect pay and may affect uh well we'll just say affect your employees pay so we talked about spread of hours we talked about split shift so now tell us about this call in pay this is what before when i said four versus three this is what i was referring to go ahead

Because if you don't, like Scott said, you're in trouble.

so so that that's a good segue mike actually into another topic i know that we're going to get into which is tip credits so but before we get let's go back to your thing and i got the same the same thing in my case so uh manager gets a phone call susie's on vacation came in sick i need someone no problem having that manager wait tables and take a wage uh shift that day and no problem with her or him keeping tips for that day that they solely do themselves again no no food runner no bus or no etc so no problem with that for that particular day and i agree you don't lose the exemption the problem is if that particular restaurant has a pool sharing system or a pool, a tip pool system, they can't be a part of that unless they do it all themselves.

So, but what you identified now is the tip credit issue, right? And basically what that is, is where Rosemary is and where I am and where Mike are in Syracuse, Buffalo and Rochester, you know, counties outside of New York City, Westchester and Nassau, our minimum wage is 16 bucks.

We all know that.

So the default is employers have to pay food service workers 16 bucks an hour.

Aha.

But they don't want to pay 16 bucks an hour.

What if they receive it in cash? How should an employer track cash tips? And the second thing I'd just like you to say, what if the employer has a policy that says, hey, you need to share your tips with the busser, the bartender, the hostess? Yeah.