Owner of restaurant keeps tips

[ArmyRetCW3]

As stated before, "If an employer elects to use the tip credit provision the employer must allow the tipped employee to retain all tips, whether or not the employer elects to take a tip credit for tips received, except to the extent the employee participates in a valid tip pooling arrangement" - In this case the employer is not using the tip credit, instead is paying above the applicable mw, therefore the employer is in complaince. You can try to collect, if you want and if you can.

 

[Actongue]

The Employer can not Keep Tips that employees have Recieved.

The only way an employer can keep some of the tip is if it is labeled a Service charge on the check for the client.

The Tip that is given in a credit card Can Not be used by the Restaurant owner/management to pay for the use of the credit card transaction that the Banks charge.

The only thing an employer can do is to ensure that Minimum wage criteria is met in regards to the tips received but that is all.

 

[justalayman]

=Actongue;2053622]


The Tip that is given in a credit card Can Not be used by the Restaurant owner/management to pay for the use of the credit card transaction that the Banks charge.

not true. if following your direction, the employer would be paying the employee, in effect, for the tip.

The only thing an employer can do is to ensure that Minimum wage criteria is met in regards to the tips received but that is all.

Huh?