Complete Labor Law Poster for $24.95
from, includes
State, Federal, & OSHA posting requirements


No announcement yet.

Service industry question North Carolina

This topic is closed.
  • Filter
  • Time
  • Show
Clear All
new posts

  • Service industry question North Carolina

    My employer has recently started requiring servers to maintain a 17.2% tip average on credit card tips. If you do not maintian this average then they reduce the number of tables you get by 40%,effectively reducing your income by 40%.Now the word is that they plan on firing people that dont maintain the average.I have been serving for over 10 years now. You learn to take the good with the bad....some people know how to tip and some dont. It doesnt seem right for them to be able to do this when we dont truely have control over what we get tipped. The problem is compounded by customers that think they are doing us a favor by leaving half their tip on the credit card and half in cash.Just need to know if this is legal.

  • #2
    Your employer is judging your performance by the tips you receive. I cannot think of anything illegal about it. This seems like a poor way to judge performance, but it is ultimately their choice. Any idea where they came up with that number???
    Not everything in America is actionable in a court of law. Please remember that attorneys are in business for profit, and they get paid regardless of whether or not you win or lose.

    I offer my knowledge and experience at no charge, I admit that I am NOT infallible, I am wrong sometimes, hopefully another responder will correct me if that is the case with the answer above, regardless, it is your responsibility to verify any and all information provided.


    • #3
      Not sure where they came up with that number. I understand the need to judge performance but the system they use is wildly inaccurate.It shouldnt be possible to do your job exactly as you are supposed to and get fired because certain people tipped on a credit card and certain people tipped cash.


      • #4
        Although this is legal (because there is no law that prohibits it), more and more customers are leaving tips in cash even when they put the food and beverage tab on a credit card, because of the numbers of establishments who deduct the CC processing fee from credit card tips. Customers want the servers to get the full tip amount they leave, not reduced by the CC fee.

        Bottom line is, this is a terrible way to judge the performance of waitstaff.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.


        • #5
          Agree not illegal but certainly not a great way to judge performance.
          Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

          Live in peace with animals. Animals bring love to our hearts and warmth to our souls.


          The forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. The information contained on are opinions and suggestions of members and is not a representation of the opinions of does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. Please consult a legal expert or seek the services of an attorney in your area for more accuracy on your specific situation.