Published on : 2017-05-03 20:41:45

The tips in question are those that restaurant patrons have added to the credit card payment of their food and beverage bills. The additional amount on account of tips may not exceed the value of the tips actually received by an employee. Where tips are charged on a credit card, it is the position of the wage and hour division that the tips due the employee must be paid to the employee not later than the next regular pay day and may not be held by the employer while the employer is waiting to be reimbursed by the credit card company. And, if so, what specified direct costs in addition to credit card fees may it include in computing the standard composite percentage deduction. Furthermore, the wage and hour division does not question the practice whereby the employer reduces the amount of credit card tips paid to the employee by an amount no greater than the amount charged to the employer by the credit card company. You have also represented that this opinion is not sought in connection with an investigation or litigation between a client or firm and the wage and hour division or the department of labor.

That decision recognized that different credit card companies charge merchants slightly different percentage processing fees liquidating credit cards. The employer’s deduction from tips for the cost imposed by the credit card company reflects a charge by an entity outside the relationship of employer and tipped employee. Moreover, the cost of dedicated phone lines and the time spent processing the transactions are the same whether or not a tip is included on the bill. See field operations handbook (foh) 30d05(b) (copy enclosed). ” you interpret the court’s decision as further recognizing that standard composite percentage deductions may exceed specified credit card fees by including other costs incurred indirectly by the employer, including losses and interest during the settlement period liquidating credit cards. You asked the following question: may our client, a restaurant-employer take an average standard composite percentage deduction from its server’s tips to cover the cost of liquidating charged tips.

9%, you included other expenses that brought the employerÂ’s total cost to 4. Likewise, the time spent in other activities you mention represents merely the reasonably incurred administrative costs of a restaurant that chooses to accept credit card payments. Name* : this is in response to your request for an administratorÂ’s opinion letter regarding the application of the fair labor standards act (flsa) to deductions from tips earned by servers employed by your sex chat with peoples withought sighn up.
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