Is it legal to retain any of a waiter/servers tips for the

My GM just changed the rules and added that they get to retain 2 of total sales coming out of our

tips for

Asked on May 29, 2016 under Employment Labor Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You are correct: the employer may NOT retain any portion of the tips "for the house"; tips may be put into a tip pool so all tippable employees may receive a share (but only those employees who are tippable--i.e. who are waiters, busboys, bartenders, maitre d's, etc.), but that's the only reason that tips may be taken--to then redistribute them. If your employer is taking any portion of the tips "for the house," you may contact the state department of labor to file a wage (tip) complaint.

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