New York law requires that tips at restaurants go directly to wait staff, and New York law explicitly forbids restaurants from taking a percentage of the tip left for a waiter or waitress. Nonetheless, some restaurants disregard the law and pocket a share of the tip. Not only is such behavior unlawful, it amounts to theft from the wait staff and from the customer.
The waiter or waitress is often counting on the money to make ends meet. And the customer intends to give a tip to his waiter or waitress, not to give extra money to the restaurant.
If you work as wait staff and your employer is taking a percentage of your tips, your employer may be violating your employment rights. Please contact us to discuss your legal options.