![]() Of course, this usually gets servers pretty excited and this may invite unnecessary litigation for the restaurant industry. ![]() These servers and bartenders are hearing that restaurants sometimes are required to pay waitresses and waiters for NOT working. Waiters and waitresses are hearing that the restaurant may not make them work, in any way, off the clock. This is another danger area for Florida restaurants. The amount due the employee must be paid no later than the regular pay day and may not be held while the employer is awaiting reimbursement from the credit card company.Ĭan I require a server or bartender to clock out of work and require them to continue cleaning or closing? ![]() However, this charge on the tip may not reduce the employee's wage below the required minimum wage. For example, where a credit card company charges an employer 3 percent on all sales charged to its credit service, the employer may pay the tipped employee 97 percent of the tips without violating the FLSA. The DOL tells waitresses, waiters and bartenders that where tips are charged on a credit card and the employer must pay the credit card company a percentage on each sale, the employer may pay the employee the tip, less that percentage. If an employee receives tips in addition to the compulsory service charge, those tips may be considered in determining whether the employee is a tipped employee and in the application of the tip credit.Īnother area where the Department of Labor gives advice to employees is pertaining to credit cards. Sums distributed to employees from service charges cannot be counted as tips received, but may be used to satisfy the employer's minimum wage and overtime obligations under the FLSA. ![]() Such charges are part of the employer's gross receipts. The Department of Labor regularly tells employees that a compulsory charge for service, for example, 15 percent of the bill, is not a tip. If your Florida restaurant business has received a letter threatening a wage lawsuit you should contact an experienced labor & employment attorney, such as David Miklas, to schedule a free and confidential legal consultation regarding your rights as a restaurant owner. Bartenders and servers in Florida are hearing that Florida’s statute of limitations allows them to sue the restaurant and its owner personally for any server or bartender job they have had within the last five years! This may result in many former employees who may have not worked for you three or more years suing your Florida business! So, please comply with the wage laws. The Florida law firms that target restaurants tell the waiters and waitresses and bartenders that they may be able to recover two times the amount of money owed to them. The waiter and waitress and bartender is owed a full minimum wage for all shifts where sidework exceeded 20% of their shift time.The employer cannot force the wait staff to tip out to non-tipped employees (management, cooks, cleaning crew, etc.).The employer must explain tip credit system to the tipped employee.The amount of tip credit cannot exceed actual tips received.The law firms in Florida that have made a cottage industry out of suing restaurants and “educating” waiters and waitresses by telling them that if they are working under a tip credit: There is a collection of lawyers in Florida that are targeting employers by telling their wait staff and bartenders that if they are a tipped employee working under a "tip credit," their employer may not be paying them all the money that they deserve.
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