| Issue: |
As a restaurant employer, your patrons frequently add servers’ tips to credit card payments of their food and beverage bills. Liquidating these credit card charges involves expense that the employer must bear: the average credit card fee is 2.9 percent, and other expenses (such as the time value of credit card collections, credit card charges for gift certificate sales, the cost of the credit card terminal and dedicated phone lines, house account collections, etc.) can bring your total cost to as much as 4.8 percent of the total bill. In figuring the tip credit you pay to your servers, may you take an average "standard composite percentage deduction" from servers’ tips to cover the cost of liquidating these charged tips? And what direct costs in addition to credit card fees may be included in computing the standard composite percentage deduction? |
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Answer: |
When employees' tips are included on credit card payments, an employer may deduct an average standard composite amount for tip liquidation, rather than individually calculating the precise charge for each transaction, so long as the total amount collected reasonably reimburses the employer for no more than the total amounts charged by the credit card companies attributable to liquidating credit card tips.
The employer's deduction from tips for the cost imposed by the credit card company reflects a charge by an entity outside the relationship of employer and tipped employee. However, the other costs that you want the tipped employees to bear must be considered the normal administrative costs of restaurant operations.
For example, time spent by servers processing credit card sales represents an activity that generates revenue for the restaurant, not an activity primarily associated with collecting tips. Likewise, the time spent in other activities represents merely the reasonably incurred administrative costs of a restaurant that chooses to accept credit card payments. Moreover, the cost of dedicated phone lines and the time spent processing the transactions are the same whether or not a tip is included on the bill.
An employer may deduct an average standard composite amount for tip liquidation, rather than individually calculating the precise charge for each transaction, so long as the total amount collected reasonably reimburses the employer for no more than the total amounts charged by the credit card companies attributable to liquidating credit card tips. Any employer attempt to deduct an average standard composite amount for tip liquidation that exceeds such expenditures is not acceptable. Accordingly, an employer may not include other administrative expenses to the average credit card fee.
Source: Wage and Hour Division Opinion Letter No. 2476 (FLSA2006-1), January 13, 2006, 05-08 CCH WH ¶31,361
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