What are the laws governing wages and tips for tipped employees?

In Florida, tipped employees must be paid at least the federal minimum wage of $7.25 per hour. Employers must also pay workers the Florida minimum wage of $8.65 per hour, whichever is greater. Tips may not be used to lower the minimum wage, and employers must make up any difference between the minimum wage and the wages paid to tipped employees. For tipped employees, there are special rules about how tips are distributed among servers, bussers, runners, and other employees who regularly receive tips. The employer must divide the total amount of tips reported by the tipped employees on their pay stubs among all tipped employees. Tipped employees may not be required to share their tips with managers or supervisors. Employers cannot deduct wages or benefits from a tipped employee’s pay to cover credit card processing fees, walkouts, breakage, or cash shortages unless the employee agrees to the deduction in writing. Tips may also be pooled among employees who regularly receive tips. In this arrangement, tipped employees must be permitted to retain all of their tips and not be required to share them with other workers. In addition, employers may not keep any portion of the pooled tips or require a minimum or maximum amount to be pooled.

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What are the laws governing wages and tips for tipped employees?

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