Legal Question in Credit and Debt Law in Florida

I work at a restaurant in Miami and I have a question about credit card transctions.

Basically everytime we accept payment from a customer with a credit or debit card we are charged one dollar for every credit/ debit transaction. This dollar gets discounted from the total amount of money I'm supposed to make every night.

I don't understand why I should be charged for a transaction that most retail / resturant pay for....

Is this legal?


Asked on 5/15/10, 9:10 am

2 Answers from Attorneys
Lucreita Becude Lucreita D. Becude, P.A.

Depends on the contract of employment you signed with your employer. If it is not in there, then it is not legal.

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Answered on 5/20/10, 9:20 am
Scott Behren Behren Law Firm

Im assuming you don't have a contract since most employees in Florida do not. Is there any written policy on this issue? It sounds to me like it could be ilegal tip pooling since you are in essence giving part of your tips to your employer to pay for a charge of doing business. I would go to an employment law attorney that handles Fair Labor Standards Act cases of the U.S. Department of Labor. You can contact my office if you wish to discuss further.

Also, I have a recent posting on my employee rights blog about this issue at www.takethisjobnshoveitblog.com.

Scott Behren

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Answered on 5/20/10, 9:39 am


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