recently i picked up a p/t job as a waiter and have been concerned and
worried about walk outs (seeing as 1 can really dent my day's
earning). I heard from someone i met who said there was a state law
(NY) that prevents resturants from leaving the waitier/server
accountable for such an event, is this true? if so, are there
restrictions to this law?

I have not found any laws of yet, but the nysra may be able to give you a answer.

New York State Restaurant Association
409 New Karner Rd
Albany, NY 12205-3883
Phone: (518) 452-4222
Web site: www.nysra.org

New York state dept of labor contact info.

nysdol@labor.state.ny.us 

http://www.labor.state.ny.us/faq.html

During these last few years, I have had the unfortunate opportunity to
work as an waiter during these great ecomonics times.  It struck me
how incredibly repressive and abusive the employment practices
exercised by the restaurant industry and supported by labor laws.  I
came from health care and consulting and I assure you, the many
"accepted" practices would be considered unethical and unnacceptable
by demonstrated HR standards in most any other industry.  Overall,
waiters/waitresses have the greatest economic risk during the customer
experience.  Management designs processes and policies to ensure they
are kept whole and terms such things as "industry practice".

To answer your question, the only real guarantee is to be paid the
minimum federal wage, unless your state requires a higher minimum
wage.

FEDERAL LINKS

DICTIONARY OF OCCUPATIONAL TITLES (4th Ed., Rev. 1991) -- OCCUPATIONAL
GROUP ARRANGEMENT  http://www.oalj.dol.gov/public/dot/refrnc/dot03b.htm

Food and Beverage Serving and Related Workers 
http://www.bls.gov/oco/ocos162.htm#nature

Federal Register
http://www.bls.gov/oco/pdf/ocos162.pdf

Question: Is it legal for waiters and waitresses to be paid below the
minimum wage  http://www.dol.gov/wb/faq26.htm

Fact Sheet #2: Restaurants and Fast Food Establishments Under the Fair
Labor Standards Act (FLSA) 
http://www.dol.gov/esa/regs/compliance/whd/whdfs2.htm

Fact Sheet #15: Tipped Employees Under the Fair Labor Standards Act
(FLSA)  http://www.dol.gov/esa/regs/compliance/whd/whdfs15.htm
(note, this one are of particular abuse by the restaurant management and industry.


New York Specific Links

Minimum Wages for Tipped Employees 
http://www.dol.gov/esa/programs/whd/state/tipped.htm

FREQUENTLY ASKED QUESTIONS  NYS DOL http://www.labor.state.ny.us/faq.html

I included more than what you may need.  But please feel free to pass
this along.  I am committed to changing the underlying legislated laws
that support a  structure of such absusive behavior and practices.

JT Arbuthnot
President
JM Thomas Foundation