4/10/2023 0 Comments Restaurant busboy salaryI work in a large restaurant as a waiter. The employer may not make any deduction for credit card processing fees or costs that are charged to the employer by the credit card company from gratuities paid to the employee. Labor Code Section 351 provides that the employer must pay the employee the full amount of the tip that is indicated on the credit card. My employer is deducting the credit card processing fees from my tips. Payment of a gratuity made by a patron using a credit card must be paid to the employee not later than the next regular payday following the date the patron authorized the credit card payment. When a customer pays their bill with a credit card and the payment includes a tip, when can the employee expect to receive the money from the employer? Tips belong to the employee, not to the employer. ![]() It also includes any amount paid directly by a patron to a dancer covered by IWC Wage Order 5 or 10.Ī tip is money a customer leaves for an employee over the amount due for the goods sold or services rendered. "Gratuity" is defined in the Labor Code as a tip, gratuity, or money that has been paid or given to or left for an employee by a patron of a business over and above the actual amount due for services rendered or for goods, food, drink, articles sold or served to patrons. The law further states that gratuities are the sole property of the employee or employees to whom they are given. Furthermore it is illegal for employers to make wage deductions from gratuities, or from using gratuities as direct or indirect credits against an employee's wages. ![]() Labor Code Section 351 prohibits employers and their agents from sharing in or keeping any portion of a gratuity left for or given to one or more employees by a patron.
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