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Employer withholding ALL Credit Card tips Florida

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  • Employer withholding ALL Credit Card tips Florida

    I don't really know how to address it or if it's actually illegal or a problem or whatever.

    But for the whole time I've worked there, we do a lot of customer service, I guess. And people tip me on credit cards like alllll the time, but I've never gotten that money. I asked the owner what was done with CC tips and she said she would ask the accountant, but this was over two weeks ago. And I spoke with the manager/other woman who does FoH work with me and she said she hasnt gotten ANY of her credit card tips either and she's been working at the store since August. She also said she had asked the owner in the past and told the same thing and I guess we've both just been getting pushed off like it's not a problem.

    I'm pretty sure the computer system we use keeps track of the amount of CC tips but I don't know for how long it keeps them so I'm worried that a) I won't get the past ones and b) the other woman I work with (Who is here on a work visa and has NO IDEA how to even start handling this/that it might be wrong) won't get her tips for the past like 5 months?

    Is my employer required to give me the tips that are placed on Credit Cards?

  • #2
    Originally posted by hopefulki View Post
    Is my employer required to give me the tips that are placed on Credit Cards?
    The answer is mostly yes, however I need you to read the DOL entire factsheet. There are some caveats.
    - Lets say Bob gets a $10 tip on a credit card. Lets say that the credit card processor charges the employer a 3% fee. That means that the employer only actually gets $9.70 from the credit card processor. The employer is not required to make up that fee, and can legally give the employee only $9.70.
    - Service charges are not tips according to DOL. Be very clear which you are talking about. You may consider this to be a word game but DOL does not.
    - Credit cards do not make the tip pool rules go away.
    http://www.dol.gov/whd/regs/compliance/whdfs15.htm

    -------

    These are federal rules which are good in all 50 states. FL does not have a state DOL, meaning you have to either file a wage claim with federal DOL, or go to court.
    Last edited by DAW; 02-19-2012, 09:14 AM.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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    • #3
      Thank you for the response, DAW.
      I understand that they can retain the service fee percentage from the credit card company, but out of the $10 "Bob" is getting, I am currently getting nothing- and neither are any of the other employees. All credit card tips are being held by our employer.
      On the credit card receipts, there is a line that clearly states "Tip" that patrons fill out. I doubt that could be considered a service fee, if the customer voluntarily fills it out under the label "Tip".

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      • #4
        Ok. Then as suggested, file a wage claim with the fed. DOL or a court action.
        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

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