Can My Boss Take Credit Card Fees Out Of Our Tips
Location: New Hampshire, USA
I work as a server in a small family restaurant in New Hampshire and I am really confused if what my boss just started doing is even legal. We get most of our tips on card, they get printed on the receipt and added into the system, and at the end of the week we used to get that full amount in our paycheck plus whatever cash we took home from the tables. Two weeks ago the owner called a quick staff meeting and said that “times are tough” so from now on he will be keeping the 3 percent card processing fee out of the tip total because “the bank should not earn more than the people who actually work here”. On top of that he started docking another 2 dollars per shift from the tip pool to cover things like broken glasses or wrong orders. None of this was in my hiring paperwork, he just announced it. My base pay is server minimum so tips are most of my income and I am already seeing a pretty big drop in my check. When a coworker complained he said tips are a “bonus” and he can handle them how he wants since he is the one running the merchant account. Is it legal in New Hampshire for a restaurant to pass the card fees and random business costs onto employees by taking the money out of our tips like this, and if not who do we even contact about it.
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