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Can a restaurant legally with hold my tips? South Carolina

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  • Can a restaurant legally with hold my tips? South Carolina

    i have been working at a fine dining restaurant in sumter, sc for about a year, since they opened up last summer. Recently i have noticed a drastic decrease in my gratuities on large parties. In addition to that our managers have insisted on hand delivering the checks, for said events, personally. For example, the other night i had a group of over thirty doctors, that i waited on single-handedly, and they ran the bill up over 3,000 dollars easily. Unbeknownst to the FOH manager, i observed her putting together the check and saw that the gratuity had managed to accumulate to over 400 dollars! Quite a pretty penny indeed. However, when i went to collect this amount i was presented with a mere 140 dollars. When i questioned why it was so short of what i was expecting, i was told that the bill wasn't that much and the gratuity was considerably less than what i had seen. However, when i asked to see the bill, for no other reason than my own peace of mind, i was declined. What legal action can i take to obtain this information and the wages that i'm entitled to?

  • #2
    You have no legal right to see the bill.

    "Tips" are those amounts which are determined SOLELY by the customer. Most fine dining establishments add a "gratuity" to the bill for large parties. Since the customer cannot even determine whether to leave a tip or not, let alone the amount of it, that is not "tips" which must be passed through to the servers.

    Are you paid the sub-minimum cash wage allowed for servers in SC?
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.


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