Legal Question in Employment Law in Florida

Law regarding a service charge paid by a company intended for servers

If a company comes to a resort in Florida for a conference and has food and beverage functions, they pay a 20% service charge on all food and beverage. 10.5% of the service charge paid is intended to go to the waitstaff in the banquet department. However, at various times, the place that I work has decided to take back some of the service charge for different reasons, including to pay back unhappy clients who have decided to contest their bill. my question, i guess is: Who does that service charge legally belong to? Can they legally take the gratutity back at any point? thank you..


Asked on 1/10/02, 11:37 pm

1 Answer from Attorneys
Frank Shooster Shooster Kahn & Kleinman, P.A.

Re: Law regarding a service charge paid by a company intended for servers

The answer will depend on a number of factors including whether you are subject to a collective bargaining agreement, whether you have any other agreement for compensation with your employer, and whether the pay adjustment would result in compensation below the minimum wage. It may also depend on your employers agreement with the customer and whether you re considered a 3d party beneficiary of the agreement. The information you have provided is insufficient to form an opinion and without reading the documents I have referred to above, along with pay stubs, I do not think an attorney can render a reliable opinion.

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Answered on 1/11/02, 1:26 pm


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