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Paying 3% of my tips for transaction fees! Florida

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  • Paying 3% of my tips for transaction fees! Florida

    I live in Florida. Is it legal for my employer to automatically garnish 3% of my tips left on a credit card to be used to pay the credit card transaction fee? The FLSA says that a tip is the sole property of the tipped employee. Why is my employer legally able to take my money to pay for his bills?!

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    http://www.dol.gov/esa/whd/regs/compliance/whdfs15.htm

    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)

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