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Is it legal for them to take money out of my serving tips?

Atlanta, GA |

I have just found out today that the restaurant I serve for takes 20 cents out of every credit card slip each server recieves. I have worked there for months and they have never mentioned this to me or put it down in writing, like on my paycheck. I asked them why and they told me it was to pay for the transaction fee. I don't know if it is 100% illegal but I'm pretty sure. They told me to take it up with the owner of the restaurant chain.

I am not afraid to lose this job because I can always find another job over the summer. I am doing this for the rest of the servers that need this job to support their families. 20 cents doesn't sound like a lot but add it up over time and that's a good chunk.

So is it illegal or how do I find that out? Thanks!

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Attorney answers 1


So, as I understand it, the restaurant is taking the transaction fee out of your tip? Well, first let me say, that those of us with businesses understand that credit card transaction fees are part of our overhead. However, as a server you are not self-employed, you are an employee. They didn't tell you in advance, so it is really a breach of contract.

You may want to consider calling the labor authority in your state and seeing what they think. They may have broken state labor laws. Usually, any type of wage issue will get someone out to investigate.

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