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withholding credit card tips Florida

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  • withholding credit card tips Florida

    I am a server at a local restaurant in florida. my question is: is it legal for an employer to withhold 4% of all my credit card tips?

  • #2
    Maybe. I am going to reference the key section from a federal DOL factsheet on tipped employment, but I would urge anyone working for tips (or paying tipped employees) to read this factsheet in it's entirety.

    Credit Cards: Where tips are charged on a credit card and the employer must pay the credit card company a percentage on each sale, then the employer may pay the employee the tip, less that percentage. This charge on the tip may not reduce the employee's wage below the required minimum wage. The amount due the employee must be paid no later than the regular pay day and may not be held while the employer is awaiting reimbursement from the credit card company.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)