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Deduction of Credit Card percentage on whole bill from Tips Maryland

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  • Deduction of Credit Card percentage on whole bill from Tips Maryland

    On credit card charges, I understand the need for my restaurant to deduct from my tips the cost of liquidating my tip into cash. However, my restaurant charges 3% of the total bill and deducts that from my tips. Is that legal?

    Thank you for your time.

  • #2
    Federal law allows the employer to retain from credit card tips the same percentage they have to pay the credit card company (but no more) & you can't be reduced below min. wage.
    http://www.dol.gov/esa/regs/compliance/whd/whdfs15.pdf
    I don't have anything on Maryland. It seems federal is from tips not total bill. Hold & see if another poster can add something.
    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
      Agree with Betty3. The employer can deduct the credit card fee that they pay to the company ONLY from your tips, not from the total bill. You can file a claim with the Maryland Dept. of Labor for improper deductions from your tips.
      I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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      • #4
        Originally posted by Pattymd View Post
        Agree with Betty3. The employer can deduct the credit card fee that they pay to the company ONLY from your tips, not from the total bill. You can file a claim with the Maryland Dept. of Labor for improper deductions from your tips.
        If I make a claim isn't that asking to be fired?

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        • #5
          If you are fired for filing a claim, you should be asking for money in a wrongful termination suit. It is a violation of the whistleblower laws in MD to discharge an employee for availing themselves of a legal right.
          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
            Agree, you can't be retaliated against for filing a claim with your state's DOL.
            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.

            Comment

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