Legal Question in Employment Law in Florida
tips
i have worked at a fine dining rest for the past 10 years...because fo union rules we are to add our 15percent gratuit to parties of 8 or more....the paast 10 years we have not been held to do that and prefer not to cause most of us servers usually will get 20 percent if we dont add the tip...problem. we recently got a new manager and he is enforcing the 15 percent on parties of 8 or more,,,if we dont add it we could be fired....the servers problem that we have not done this for the past 8 years....if we have to add the gratuity to the check our employer keeps it for two weeks and we get it in a paycheck,,,,,we want tips at the end of the night.....we also think is is discrimention to add to parties of 8 or more.....can you help......
1 Answer from Attorneys
Re: tips
Not likely to be actionable discrimination . . . assuming that the local county or city jurisdiction does not have a prohibition on mandatory gratuities, it is a business judgment call the ER (and new manager) can make. However, if the manager's actions violate the Union contract, talk to your union rep about filing a grievance.