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Not getting ANY credit card tips FL Florida

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  • Not getting ANY credit card tips FL Florida

    I have been researching this for a bit.
    I am a server. I get paid 7.13. I thought that was kinda high for being a server. I get paid every two weeks. If my hourly pay is more than my combined credit card tips for the two week period, I just get my hourly pay. If my credit card tips are higher, then I get paid my credit card tips. I have yet to receive any of my credit card tips. I know that my employer can pay me less than minimum wage using a "tip credit" and pay me like 4 something. I have never heard of getting paid more an hour and then giving up tips. Is this legal? There is no tip pooling. There is no tip reporting really, we don't report any cash tips. I have been keeping track of everything for the past month and a half. I have only been working there for 2 months but thought something was fishy so I started writing everything down in a log every night. I keep all my clock out slips that show hours worked and credit card tips made for the day.

  • #2
    The 2012 minimum wage in Florida is $7.67 per hour, effective January 1, 2012, with a minimum wage of at least $4.65 per hour for tipped employees, in addition to tips.

    Here is the US DOL tip fact sheet. http://www.dol.gov/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, the employer may pay the employee the tip, less that percentage. For example, where a credit card company charges an employer 3 percent on all sales charged to its credit service, the employer may pay the tipped employee 97 percent of the tips without violating the FLSA. However, 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.
    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.

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    • #3
      So, is this correct??? It doesn't matter what I get paid per hour as long as it's at least minimum wage, they cannot keep my credit card tips except for maybe a 3% fee, right?? Them doing so would be illegal. They are apparently keeping my credit card tips and paying me only my hourly wage on my check with no record of even receiving any credit card tips. That's my money and they are keeping it. Sounds illegal to me!

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      • #4
        That is not what she said and it is not what the factsheet said. Respectfully, you need to actually read the referenced factsheet.

        Lets say that Bob lives in FL, works for your employer, , and works exactly the same job you do. Last workwwek Bob worked exactly 40 hours. Under FL law minimum wage is apparentlly $7.67/hr, meaning that Bob cannot be paid less then $306.80.
        - If Bob has no tips, then Bob must be paid at least $306.80, all of which comes from the employer.
        - If Bob has $500 in total net tips (less tip outs and credit card charges), then $186.00 (40 times $4.65/hr) in addition to the $500 in net tips must be paid to Bob.

        FL law does not say tha you get to keep all of your tips in addition to your base wage. It says that you must be paid at least minimum wage AND the employer must pay at least $4.65/hr.
        Last edited by DAW; 05-18-2012, 09:03 AM.
        "Reality is that which, when you stop believing in it, doesn't go away".
        Philip K. **** (1928-1982)

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        • #5
          Well, my employer seems to think that if they pay me 7.31 an hour and my hourly wages are higher than my credit card tips, then they get to keep all of my credit card tips.
          Let's say I work 27 hours. That's 197.37 before taxes. My credit card tips for that same week equal, let's say, 135. They'll pay me the 197.37 on my check and it's like my credit card tips disappear. They keep them.

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          • #6
            Not legal. That is the good news. The bad news is that Florida (the state government) does not care. They do not enforce labor laws. You have to go through the courts to get FL labor law enforced. Alternatively federal DOL will enforce federal labor law only, meaing a lower minimum wage.
            "Reality is that which, when you stop believing in it, doesn't go away".
            Philip K. **** (1928-1982)

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            • #7
              I wonder how I should go about bringing it up to my employer. I have been thinking about it all day. I want to have my ducks in a row. I keep a daily log and I keep my clock out slips with credit card tips on it for the day. I wonder if they'll just fire me. I don't care if they cut my pay to minimum wage for a tipped employee. I have done the math and I would make more getting minimum wage and all my tips.

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