If I work in the restaurant industry, what is the amount (%) that they are allowed to ask us to tip out?

I work at a restaurant and we tip out 3% of our total sales then for food runners and busser (we don’t have bussers) 3% of our bar sales the we tip out 1% to I am not sure where that goes. Then we tip out another 1% to not sure where that goes. Then we tip out $3 for some one to roll silverware to the company. So we tip out 8% of our sales, so if the guest leaves 20% we walk home with 12% of our sales. I do think Florida allows the credit card fee to be past onto the server. Which isn’t fair to the server.

Asked on January 25, 2013 under Employment Labor Law, Florida


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

It is my understand of the way the restaurant industry works in Florida that the restaurant can require that you tip out based on sales but that there is not a set percentage stated in the law. They cannot require you to tip out an amount which would cause you to fall below the minimum wage in Florida which is $7.67/hr.  So you need to do the math at the end of the day.  I would contact the state department of labor.  Good luck.

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