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  1. #1
    Law Curious
    Join Date
    Apr 2009
    Law Forum Posts
    1

    Exclamation Is it illegal: Tipped Labor, NYC

    Is it illegal to pay a percentage of sales to a restaraunt busser working in New York City?

    Are servers supposed to pay bussers a percentage (4%, etc.) of tips?
    If so, who's responsible for tracking a servers tips?

  2. #2
    Legal Forum Partner
    Join Date
    Jan 2009
    Law Forum Posts
    321

    Default

    It is your employer's responsibility to take in the tips; to account for them; to distribute them to the players in a fair and just percentage.

  3. #3
    Law Curious
    Join Date
    Apr 2009
    Location
    New York State on the Lake Erie Shoreline
    Law Forum Posts
    4

    Default CHECK WITH THE IRS BULLETINS

    SORRY PATRICK, BUT ACCORDING TO THE INTERNAL REVENUE SERVICE, ALL TIPPED EMPLOYEES ARE REQUIRED TO KEEP A DIARY OF THEIR OWN TIPS. THE EMPLOYER IS RESPONSIBLE FOR REPORTING EARNED TIPS WITH THEIR PAYROLL REPORTS AND PAY THEIR SHARE OF REQUIRED TAXES ALONG WITH WITHHOLDING REQUIRED TAXES FROM THE EMPLOYEES. THE DISTRIBUTION OF TIPS IS UP TO THE INDIVIDUAL ESTABLISHMENTS POLICY. NEW YORK STATE LABOR LAW EXPRESSLY FORBIDS EMPLOYERS FROM REQUIRING SERVERS TO SHARE TIPS.

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