Is it legal to deduct a processing fee

Bee_Willards

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Join Date: Apr 2008

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#1

Is it legal to deduct a processing fee

04-10-2008, 11:51 PM

Hello, I work as a server in a privately owned restaurant in the Lansing area in Michigan. My employer deducts a credit card processing fee from my tips every day! Is this legal? In addition, I'm forced to claim a cash percentage based on my credit card tip percentage. Is this legal? Thank you very much for your time. RJT
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Pattymd

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Join Date: Jul 2005

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#2

04-11-2008, 04:26 AM

The applicable credit card processing fee CAN be passed through to you, but ONLY on tips charged, not on the food, beverage and taxes charged.

You CANNOT be forced to claim any more tips than you actually receive, net of anything you may be required to contribute to a tip pool.

http://www.dol.gov/esa/regs/compliance/whd/whdfs15.pdf

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