Legal Question in Employment Law in Florida

Hi. As a Server in the restaurant I work, I am responsible for tipping the busser for services rendered. As a Server I get paid for my credit card tips at the end of the shift. On Mondays, the restaurant does not get to the bank until late that afternoon, (I only work lunches) so I do not receive my cash tips until the next day which is fine. The busser expects me to pay him out of my own pocket (which I usually don't have cash on me). Legally, do I owe him out of my own pocket right then & there? Or do I pay him the next day when the restaraunt pays me? (Since I owe the busser from moneys I made that day). Can't the restaurant just take the money I owe the busser from my credit card tips that night (after they have gone to the bank) & pay him? Minusing that money owed to him from what they owe me? Please help!

Asked on 8/31/10, 5:10 pm

Alan Wagner Wagner, McLaughlin & Whittemore P.A.

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It depends on the contract. It sounds reasonable to pay him when you are paid, but it depends on the terms of the agreement covering your work.

Answered on 9/12/10, 11:17 am

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