Is it legal for a restaurant to charge a gratuity on a customer’s check but only give the servers a portion of that gratuity?

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Is it legal for a restaurant to charge a gratuity on a customer’s check but only give the servers a portion of that gratuity?

The restaurant where I work charges an 18-20% gratuity for larger parties, banquets. The server(s) is only given a flat $100 or $75 each even if the gratuity is much larger. Where does one file a complaint regarding an ongoing problem like this?

Asked on April 8, 2012 under Employment Labor Law, Illinois

Answers:

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

Answered 9 years ago | Contributor

I would contact the Department of labor for your state on the matter.  Make a general inquiry as to the law and see what they say.  Once you have an asnwer then you will know wether or not filing a full blown complaint would result in any benefit to you.  Good luck.


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