Community Responsibility Agreement 

Plum Tree Restaurant and Sushi O Sake (collectively referred to herein as "Employer"), in an effort to demonstrate their commitment to their employees and to the Ithaca community as a whole, and to demonstrate their commitment to responsible pay and benefits practices, hereby declare their employment policies as follows:

Wages:

Employer agrees to pay each and every employee at least the minimum wage rate required by the New York Labor Law.

Tips:

Employer agrees to abide by all NYS regulations pertaining to tipped employees, including the prohibition of any member of management sharing in tips, and the prohibition against mandatory tip pools.

Overtime:

Employer agrees to pay each and every non-exempt employee overtime at a rate of one and one-half the employee’s regular hourly wage for all hours worked past forty in a given week, as required by New York Labor Law (12 NYCRR 142-2-2).

Training:

Employer generally requires new tipped employees to work at least five (5) shifts at training pay (minimum wage) before these employees are given their own tables and receive tips.  Employer reserves the right (in consultation with the incumbent wait staff) to extend this training period for additional shifts based on the individual's level of experience and competence. 

Vacation and Sick Days:

Employer offers its full-time employees (35 hours per week or more) one week paid vacation and an additional day for sick time, after the employee has worked for Employer continuously for at least one year. 

Laws:

Employer recognizes that in addition to New York State law, they are subject to many federal laws, including the Occupational Safety and Health Act (OSHA); the National Labor Relations Act (NLRA); and federal anti-discrimination laws.

Firing:

Employer recognizes that it is good business practice not to discharge an employee unless there is a reason for discharge which is related to that employee’s job performance.  Employer also recognizes that it has the right to discipline or discharge employees who are not performing adequately.

Statement:

Employer agrees to continue its practice of furnishing to each employee a statement (pay stub) with every payment of wages, listing hours worked, rates paid, gross wages, allowances, if any, claimed as part of the minimum wage, deductions and net wages, as required by 12 NYCRR 142-2.7.

Records:

Employer agrees to maintain all payroll and time records required by New York Labor Law 661 and 12 NYCRR 142-2.6.  Such required records include, among other things, weekly records of employees’ hours worked, wage rates, gross wages, all deductions from gross wages, and allowances, if any, claimed as part of the minimum wage.  Employer shall also maintain proof that funds from any deductions were actually remitted for the stated purpose of the deduction.

Breaks:

Employer agrees to comply with all meal break and rest break requirements under federal and New York State law. 

Notice:

Employer will post on the wall in a conspicuous location a notice explaining minimum wage and overtime requirements under New York Labor Law as required by 12 NYCRR 142-2.8.  This notice shall be in at least English and Spanish.

Retaliation:

Employer agrees not to discharge, penalize, or in any other manner retaliate against any employee because such employee has made a complaint to his employer or any relevant government agency that the employer has violated any provision of the New York Labor Law or of this Agreement.

Pay:
Employer agrees to pay each and every employee wages every week, as required by New York Labor Law 191.

Rest Day:

Employer agrees to provide each and every employee with at least one full unpaid day of rest per week, as required by New York Labor Law 161.  A day consists of an uninterrupted 24-hour period.

Restitution:

Employer has agreed to pay $5,750.17 in tip restitution to nine former employees, and $1,087.28 in overtime restitution to two former employees no later than 5/10/08. Payment will be delivered to the office of the Tompkins County Workers’ Center, 115 The Commons, Ithaca NY 14850, Attention: Pete Meyers.

This declaration of Employer's current employment practices and restitution to former employees is being done on a voluntary basis by Employer and does not constitute a collective bargaining agreement.

Dated: May 28, 2008

YSP of Ithaca, Inc. (d/b/a Plum Tree)                                 Sushi O Sake, Inc.