Are employers legally able to take a percentage of employees tips to help with business expenses?

Asked 11 months ago - Ocoee, FL

I am currently working as a delivery driver for lunch deliveries. I make $5/hr +tips. My employer holds 30% of any tips that are over $5.00 that are paid via credit card or through the business account. I do not receive gas or mileage allowance. I am told it is to help with business expenses. I am finding that I am not making much at all and feel that I am basically volunteering my services by the time I pay for gas and wear and tear on my vehicle. I this legal in Florida and if not what advice can you give me to fix the situation. Thanks.

Attorney answers (1)

  1. Gust G Sarris

    Contributor Level 14

    Answered . I would find a new job. Although you probably have a right to hire an attorney and file for lost wages it would probably be a minimal recovery even if you won, and if the business fails... Sometimes you may have a right to an action but just because you can do something doesn't mean it makes good sense. It sounds like the job is not worthwhile anyway. Good luck!

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