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

Answers:

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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.