|
|
Compensation- tips
Posted by Anonymous . updated on 3/21/2008
The restaurant I work for has started a new tipout procedure. Part of our tips (2% of gross sales)now to to the house to help recoup the service fee from credit card processing. Not all my sales are CC, some are cash. Another part of the tipouts (1% of gross sales) go to the kitchen staff, of which the part-owner of the restautant shares in that pool. Can he do that?
Answers (2)
| |
|
|
If your employer's restaurant is governed by the federal Fair Labor Standards Act (FLSA), I don't think this tipout procedure is legal. If the restaurant has an annual business volume greater than $500,000, it should be covered by the FLSA. http://www.dol.gov/compliance/guide/minwage.htm The U.S. Department of Labor has a great fact sheet for tipped employees. The PDF is available here: http://www.dol.gov/esa/regs/compliance/whd/whdfs15.pdf Tip pooling is allowed, but ONLY among employees who "customarily and regularly receive tips." The fact sheet specifically says that employees like "dishwashers," "cooks," and "chefs" cannot share in a tip pool. Regarding the part-owner of the restaurant, that seems illegal to me. The fact sheet also says that no part of an employee's tips can become property of the employer. Credit card fees are a bit complicated. Employers can reduce tips to offset these fees. But the employer can ONLY reduce the tip for the ACTUAL credit card fee for processing the tips. Since some tips are paid in cash, taking 2% off the top does not seem legit. If you need legal advice on this matter, feel free to contact me.
|
|
| |
|
|
Unless you're working under the protection of a contract of employement which would forbid this practice, I would conclude that indeed "he" can in the employment at will jurisdiction known as the Commonwealth of Virginia.
|
|
Related Questions
 |
This is a small claims issue for an item that was sold online, shipped from California, where I do business. I am being sued in small claims in Florida where the item was shipped to. How can I Move to dismis... Read More
|
 |
I bought a boat 7/19/08. When I went to pick it up the boat was damaged in the stores shop. The store says I have no right to a refund and I will be given a different boat instead. Do I have a right to a ref... Read More
|
 |
I own a business in a leased space in an office building. Someone broke into the building on the weekend (on a Sunday when there is no security guard on duty and the building is locked). My suite along with ... Read More
|
 |
We paid a 50 percent deposit for some Henredon furniture from a San Diego store in April 2008 and were told it would be shipped in 12 to 16 weeks. They said it was going to be shipped in August, then Septemb... Read More
|
 |
I am trying to dissolve my name out of a partnership that I was in 2 months ago. It was a 50/50 partnership, LLC. I had my lawer do what he could, but my partner had a ccb#. Now I have all the mail coming to... Read More
|
 |
I need a lawyer to file a case u/s 138 of the NI Act in Kolkata/Calcutta Read More
|
 |
my aircraft was serviced by a repair station in NJ. They purchased a part from a vendor in Fl. Although I paid the shop in NJ, they did not pay the vendor in Fl who then filed a lien on my plane. How can I g... Read More
|
 |
I am a subcontractor fo an Antique Dealer. Avery wealthy client contracted with this Dealer for the manufacture of TWO JEWELED versions of a pair of very rare Tiffany Lamps. She only wanted TWO. The Dealer a... Read More
|
 |
I am a sole prop. with zero assests. I filed bankrupt 6 years ago and can't till 2010. I am a wedding photographer paid in full on all jobs. My clients have there negatives and copyright release but not ther... Read More
|
 |
My mother is renting a house to a friend. The friend has showed interest in buying the house but my mother said she is not selling. Recently, the memo line on the rent checks she is sending my mother says Re... Read More
|
|
Previous question: age and looks >>
Started by U.S. patent attorneys to help individual inventors launch their own ideas and protect their own inventions.
Register Your Trademark or Logo in Minutes. Started by Top U.S. trademark attorneys.
|