Tampa, FL asked in Employment Law for Florida

Q: Is it legal for employer to keep the tips that customers give the server with credit card? The owner keeps the money.

I started working at a restaurant. It’s a family owned business. Cash tips belong to the server. However when you serve a table and they pay with credit card then leave a tip on the receipts, the owner keeps the money instead of the server. Customers do not know so they believe they are tipping the server.

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1 Lawyer Answer
Bruce Alexander Minnick
Bruce Alexander Minnick
  • Tallahassee, FL
  • Licensed in Florida

A: There is nothing illegal about this. If fact there is no law requiring the owner to allow you and other servers to keep cash tips. Be careful complaining because the owner can terminate you in a New York minute; for no reason.

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