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Tips??????

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  • Tips??????

    I currently work at a restaurant here in colorado and am a server. I want to know if anyone knows if it is "LEGAL" to not give me ANY of my credit card tips at all. In the 6 months I have worked there I have NOT recieved ANY of my tips from my credit cards........ LOTS OF MONEY........hmmmmm is this LEGAL????

  • #2
    Legal? I don't know of any law that would make it illegal. But unethical? Absolutely.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      not legal

      No, it is not legal:

      [from CO Division of Labor Advisory Bulletin #14(I) http://www.coworkforce.com/lab/AB.pdf ]
      VI. Credit Card Tip Payout
      It is the policy of the Division of Labor that an employer may not withhold the payment of earned credit card tips or tips designated on a check beyond the regular payday while the employer is waiting for reimbursement from the credit card company or bank.



      Also, your employer cannot deduct credit card processing fees w/out nullifying his tip credit toward the minimum wage if he is claiming that, nor can he claim ownership/control of tips w/out very clearly posting it (see the same above link). And yes it is certainly unethical; you may want to see the CO Labor Division website about filing a wage claim.

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      • #4
        Generally tips are voluntary / involuntary given by obligation, of individual,host,guest or customer on appreciation of good service- rendered willingly or generosly,as collectively or individually. In common senses, tips are entirely deserved by the server (waiter) no one have right to proclaim,witheld,whole of its.unless with certain circumstances, state laws or locations. When I worked as a room service - server (1976 at 00.59am), I encounter no tips given but experienced with*fying saucers* gifted trauma,(tray-plates were thrown out of room-by emotional / half drunken guest, for mistaken orders by ordertaker/clerk).

        Some sources added, He cant imagine whether it would be legal for employer to withold your tips,as they place on a CC rather than cash.You may be require to report all of your credit card tips. Any tips you earn belong to you,its illegal for employer to keep any tips designated to you.If the owner lifting portions to all of a server's tips, then who gets to declare that income of their taxes...definitely he (employer) wont...
        Last edited by shaikhmohdmusa; 10-12-2005, 12:07 PM.

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        • #5
          Thanks, WSmith. I completely missed that.
          I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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          • #6
            Shaikhmohdmusa, please stop typing in all caps. It makes your post very hard to read and is considered shouting on the internet.
            The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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            • #7
              Capital Letters On the message board

              sorry boss,I unrealized for, unvoluntary harrassements (had edited) appreciated for the reminders,Have a nice day sir,Thankyou for the tips
              Last edited by shaikhmohdmusa; 10-20-2005, 12:05 AM.

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