Is it legal for my employer to deduct 3% of my tips to help pay their credit card processing fee? I live in NY

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disgruntled

Is it legal for my employer to deduct 3% of my tips to help pay their credit card processing fee? I live in NY

Minxy

I doubt it. UNLESS the credit account is in your name.

STEVEN F

If the tips are charged to the customer's credit card and your employer pays a 3% fee on credit card transactions, it may be legal. If it is, the 3% should not be included in your income. I would ask the state of NY.

anna marie

I don't think so.... but you should like look that up

LYRICSORUS

Nope it is not legal. That is a fee he as the merchant incurs, you are not supposed to pay for it even if your tip is put on a cc. It's not up to you how the customer decides to tip you. BTW, no merchant should ever charge even a customer extra for using a cc nor are they allowed to set a minimum amout before taking a cc, (for ex: You have to buy $5 worth of merchandise to pay with cc)

memyselfandi

Sounds fishy to me, I would contact a lawyer.

But I did find this:
http://www.littler.com/presspublications/index.cfm?event=pubItem&pubItemID=13884&childViewID=256&type=all

To contact a lawyer for a resonable price check out:

http://www.getprotectedhere.com

DaemonJ

Definitely not. Seek the counsel of a lawyer since consultation is free and I'm sure one would love to sue the restaurant on behalf of all of the employees.

rhsaunders

Not likely.

RedSoxFan

Better check with the labor board. That doesn't sound right, especially if you claim them as income.

Le Asp

Credit card fees are a tax deductible business expense your boss INCURS, not the employee. It sounds like the boss is deducting the 3% processing fee on his taxes, AND pocketing an extra 3% from his employees.

Call the IRS or your local US Dept of Labor, Wage & Hour division. They can give you the definitive on it.

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