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the server
03-20-2006, 07:24 PM
As a server at the end of the day when the employer adds up our sales totals by law we are to claim 10%. We as an employee do not claim our tips. Our employer does on our time card. I have noticed that my tip claim on my time card is over 50%. I believe when they are doing the register readings they are doing it with the sales tax added. Therefor my paycheck for 2 weeks of work has never exceeded 70.00.is it legal to add sales tax to my total sales?
I work as a server in virginia.

Pattymd
03-21-2006, 04:27 AM
You are required to claim your OWN tips. How does the employer know what your cash tips were if you don't claim them? The employer cannot impute tips to you that you did not receive as part of your paycheck. This is ONLY allowed for W-2 purposes, and only then if the employer is big enough and other criteria which must be met (allocated tips).

Are you making a cash wage of less than $5.15 per hour?

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