Document Citation: 12 NYCRR 176.1

Header:
NEW YORK CODES, RULES AND REGULATIONS
TITLE 12. DEPARTMENT OF LABOR
CHAPTER II. DIVISION OF LABOR STANDARDS
SUBCHAPTER D. HOURS OF LABOR
PART 176. EMPLOYMENT OF FEMALES OVER 21 IN DINING ROOMS AND KITCHENS OF RESTAURANTS

Date:
08/31/2009

Document:

§ 176.1 Granting and continuation of permits

(a) No permit shall be granted or continued in effect unless the women's work is limited to duty in the dining rooms and kitchens of the restaurant.

(b) No permit shall be granted or continued in effect unless it is known that adequate transportation is available to and from the establishment between the hours of midnight and six o'clock in the morning.

(c) No permit shall be granted or continued in effect unless proper supervision is maintained at the establishment, and unless there exist adequate safeguards for protecting the health and welfare of the women.

(d) No permit shall be continued in effect for an employer when it is found that the women working after midnight for such employer are working in excess of the statutory daily and weekly hours allowed. But this prohibition shall not hold in instances in which the employer has been granted a dispensation, under the Defense Emergency Act, to allow extended hours for women.

(e) No permit shall be granted or continued in effect if the employer is not in substantial compliance with all the provisions of the Labor Law, particularly those relating to the health and welfare of women.

(f) No permit shall be granted if the facts indicate that the sole purpose of the employer is the replacement of men by women who are to be paid lower rates of pay than those paid to the men.