If I am a waitress who recieves $2.13 per hour and we are required to tip out 1% of sales tax, is that legal?

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If I am a waitress who recieves $2.13 per hour and we are required to tip out 1% of sales tax, is that legal?

The manager is responsible to seat guests, take to-go orders and, if needed, will bus our tables. They do not always bus our tables or do anything for the server. Yet we are required to tip them every night. Our manager who makes minimum wage or more.

Asked on August 8, 2012 under Employment Labor Law, Georgia

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Whether or not you are contractually required pay a portion of your tips received as a waitress where you work to your employer depends upon what your employer employee handbook states as well as any other document you may have signed at your place of work on the subject in addition to the long standing practices of your employer.

Based upon the information you have on this issue, you should then consult with a labor attorney and/or a representative of your local department of labor.


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