Can I sue my employer if he was stealing money from my coworker and I?

I am a waitress at a casual restaurant
and my boss the owner was
supposed to take 3 the percentage
that credit card companies charge
every time you swipe a card out of a
servers tips. However he was taking
the 3 out of our individual server
sales then taking it out of our tips. For
example if I make 100 in tips he’s only
legally supposed to take 3 out which
is 3. But if I sold 500 and made
100 in tips, he would take 3 of the
500, which is 15, then take it out of
my 100 so I would only be left with
85. It’s a violation of the FLSA and I
want to know what legal action I should
take against him. Thank you

Asked on June 19, 2017 under Employment Labor Law, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

As you correctly note, your employer appears to be passing on his own credit card charges/fees to you, which he may not do: you are owed your full tips, less only any reduction in the amount of the tip itself due to the credit card fee (e.g. a $100 tip if the credit card company takes/charges/holds back/etc. 3% is really a $97 tip, as you note). Try contacting the state department of labor, which enforces the labor laws, and filing a complaint: they should be able to help you get the tips you are owed. If they won't, you could sue for the money assuming you have documented and can prove it, such as in small claims court acting as your own attorney or "pro se."


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