Legal Question in Business Law in Virginia

Employment Question

I work at a resraurant in Virginia. My employer has been charging my 5% out of my tips everynight to pay his credit card merchant fee, which I question for starters. In addition to the 5%, he has been recording my tips each night before the 5%, thus I am being taxed for more than I am actually making. He is also taking half of all of my to-go tips, but not reporting the tips he makes at all. What are my rights in this situation?


Asked on 5/03/08, 7:29 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Employment Question

Unfortunately, when it comes to employee tips, it appears that employers can do pretty much want they want with them in the Commonwealth, including confiscating all of employee tips unless the employee happens to be working(not likely) under the protection of a contract which would prohibit this practice.

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Answered on 5/03/08, 12:47 pm


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