Among those minimum rights is the payment of wages and benefits payable by the employer, so it is illegal to pretend that

a waiter who meets schedules and all other subordination described, do not be paying a salary from your company and on the contrary, the restaurant intends that the salary is constituted only by the tips they give customers. Well as the name says, tipping is a gift that gives the customer feels well attended, a detail that is only between the client and Waiter. Making it illegal for a restaurant to appropriate this gift then pretend to give the worker as wage. Remember: When Waiter must be paid wages, benefits and must join and pay into Social Security (Health, Pension and ARP)

Under the new law, restaurants can impose a "common fund" or may require "tip share" as a way to distribute tips. A tip part is when the directly tipped employees share their tips with employees involved in providing customer service . This can be voluntary or employer can set the percentage to be distributed. However, employees must conduct transactions THEMSELVES. In addition, employees cannot be forced to share MORE THAN A REASONABLE and customary gratuities for their most restaurants serving. However, only service workers may receive distributions from the fund. Eligibility to share in tips The regulation clarifies that the eligibility of employees to receive shared tips or to receive distributions from the tip pool must be based on the duties and no titles. Eligible employees must make or assist in the implementation of personal service to customers at a level that is main and regulate their duties and not just occasionally. Examples of eligible occupations include: ( 1) servers ( 2) those that serve food or beverages to customers ( 3) " busboys " ( 4) servers ( 5) " barbacks " (6 ) food runners or " runners" ( 7) captains who provide service directly to customers ( 8) people who greet and seat the client Employers may not require directly tipped employees contribute a percentage of their tips to indirectly tipped employees which is not customary and reasonable

There are some waiters who not only have had to split their tips among them, but were forced to give a percentage to the owner of the premises , who takes advantage of the hard work that the servers have to ' win the day ' . This was the case of the renowned Babbo restaurant in the West Village in Manhattan, Mario Batali, who was accused by his workers remove 5% of the total tip accumulated daily business . But as reported today in various media, the waiters decided to face his head and reached a court settlement after suing Batali , that this page are $ 5.25 million have been seized from their tips. Enrique Lopez, who works at a Mexican restaurant in the West Village, told El Diario- La Prensa that seems unusual case . "Usually we give 5% of the accumulated only the manager of the restaurant tips, but not the owners." The lawsuit was filed in 2010 by one of the waitresses, the restaurant ensures that took possession of part of the cash accumulated in the day workers saying it was the rate to be paid on the sale of wine each day . This case has alerted many of the workers in this sector who now know that they can defend their tips, and less than a dollar more or a dollar makes a big difference in their pockets. "I keep on tips. It's MY ONLY SUSTENANCE, and every dollar counts , " said Lopez

Labor rights are inalienable, meaning that no one can agree validly provide a physical or intellectual services without receiving payment.

Tipping is voluntary, and employees are those who control it. Usually the handle and make the servers individually or collectively. If collective builds up during the shift and at the end it is recorded and then distributed among all workers, EXCEPT the kitchen and supervisors. Is entitled to the higher amount to the servers. THE KITCHEN WORKERS DO NOT PARTICIPATE IN THIS DISTRIBUTION BECAUSE THEIR WAGES ARE RELATIVELY HIGH compared to servers. Another substantial difference is that restaurant owners are those who control the tip, get hold of it. Furthermore, their distribution also include employees of kitchen, or the cake is shared by a larger number of workers, hence individual tip is much smaller

Many employers make an incorrect management tips your employees receive from customers, even to seize them. Be the first to remember that tips are not wages, therefore, the employer can not assume that the amount of tips the employee completes his salary. But some employers not only compute employee's tips as income, but are managed directly, ie that collects, holds and then given to the employee. Tipping is money that the client gives u flatters the employee to attend, and in no case constitute a consideration for a service rendered or product sold, then that money should not be managed by the company since it does not belong.