As a server making server’s wage, is my employer allowed to limit the amount of gratuity I am allowed to receive from a customer to only 20%?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
As a server making server’s wage, is my employer allowed to limit the amount of gratuity I am allowed to receive from a customer to only 20%?
Asked on December 11, 2012 under Employment Labor Law, Florida
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
The employer may require employees to only accept up to a certain amount or percentage of tip and return the rest to the customer; that is legal. What it cannot do is keep any surplus or extra itself or share that extra with employees in non-tipped positions. And your wages plus the tips you receive must be enough that you earn, effectively, more than minimum wage (i.e. that your total earnings, tips plus wage, for each week equals or exceeds the hourly minimum wage times the number of hours you work).
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.