As a server making server’s wage, is my employer allowed to limit the amount of gratuity I am allowed to receive from a customer to only 20%?

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As a server making server’s wage, is my employer allowed to limit the amount of gratuity I am allowed to receive from a customer to only 20%?

Asked on December 11, 2012 under Employment Labor Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The employer may require employees to only accept up to a certain amount or percentage of tip and return the rest to the customer; that is legal. What it cannot do is keep any surplus or extra itself or share that extra with employees in non-tipped positions. And your wages plus the tips you receive must be enough that you earn, effectively, more than minimum wage (i.e. that your total earnings, tips plus wage, for each week equals or exceeds the hourly minimum wage times the number of hours you work).


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