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  • declaring tips Florida

    I work in a very well known china bistro in south Florida. All servers are being bullied into declaring 15% of our sales as tips.

    We have to give:

    1: $5 every shift to the silverware roller
    2: 1% of our sales (NOT TIPS) to the bar
    3: 2% of our SALES to the back waiters.

    If we get 15% tips from customers then we effectively give away 3% to other employees how can we possibly declare 15% as our income for a shift????

    to declare MORE than you earn seems foolish to me.

    failure to do so has resulted in servers losing their shifts, i myself was placed `on call` for a week, others were removed from the schedule for a week completely (but not terminated) others were given `bad` shifts and less tables etc.

    is it legal in the state of Florida to force servers to declare ANY tips whatsoever ???

    i look forward to any information people can send me regarding this issue

    regards to all the servers ,food runners, dish dogs and bussers out there....

    Zan

  • #2
    Zan: I practice in California, but am aware that the waiters & waitresses of Outback Steakhouse of Florida challenged a policy that required them to tip-out three percent (3%) of total gross sales. The servers argued, in part, that this was excessive and not customary. You can read what the US Court of Appeal had to say about that policy here http://lw.bna.com/lw/19981117/975902.htm
    Barry S. Phillips, CPA
    www.BarryPhillips.com

    IRS Circular 230 Disclosure: This response is intended to provide general information and written for educational purposes only. It does not establish a client relationship. This communication is not intended to be used, and cannot be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to any party any matters addressed herein.

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