Legal Question in Employment Law in Georgia

taking money from me to pay their credit card processing fees...

I work at a restaurant, and the credit card tips I recieve are given to me on a weekly pay check. Every night a report is printed about my sales and there is a 2.5% reduction for credit card processing. I never signed anything agreeing it was ok to do that. Is it legal for them to take money from me under those circumstances, and what actions can I take to stop this?


Asked on 4/15/06, 12:43 am

2 Answers from Attorneys
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Re: taking money from me to pay their credit card processing fees...

You could question it, and you'd probably be unemployed. The restaurant has to pay the fee, so they certainly wouldn't be expected to absorb it. Not all restaurants will do this, so you may want to seek new employment if you dislike the policy.

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Answered on 4/18/06, 9:55 pm
Scott Riddle Law Office of Scott B. Riddle, LLC

Re: taking money from me to pay their credit card processing fees...

Look at it the other way - Why should they be required to pay credit card fees for your tips? They probably did not sign an agreement with you saying they would do that. That fee gets taken off the top by the processor, so they are giving you the actual net funds (or close to it) they receive from the customer's card. You could certainly question it, but that would most likely lead to you having to sign an agreement or looking for a new job.

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Answered on 4/15/06, 6:54 am


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