Legal Question in Employment Law in New Jersey

restaurant owner taking part of servers tip

the restaurant i work at not only takes several days to give the servers the tips from the banquets, but the owner takes part of the tip for herself. my question is if the owner is getting the money for the food and drink bill is she allowed to take part of the tip too? is she allowed to hold the tip for several days before giving the servers there part. also is it legal to make her employees pay for meals that the customer did not get ie: they say 20 people will come and 15 show if the server does not charge for the 5 that did not come owner makes employee pay for them. the computers there round up to the next 5 cents instead of being an exact amount ie $1.11 wiould be $1.15? they also take out the credit card fee from our tips from customers that pay with a credit card. i tried finding the answers on nj labor and wage but could not find anything for tip workers.


Asked on 1/30/09, 10:23 pm

1 Answer from Attorneys
Joseph Grassi Barry, Corrado, Grassi & Gibson, PC

Re: restaurant owner taking part of servers tip

I think you may have a claim. The owner can't take any of the tip. As far as holding for several days, that is probably not illegal. I'm not sure about the credit card fee.

My associate, Ryan Clark would be happy to discuss your case with you.

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Answered on 1/31/09, 9:41 am


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