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In reply to the discussion: Completely f'd up business practice I just found out about [View all]technotwit
(71 posts)In California state law forbids deducting credit card fees from the wait staff's tips. Luckily in CA the minimum wage is $8.50 an hour in restaurants, not the $2.13 an hour that is common in many states.
Also, in California. if the menu says something like a service charge or gratuity will be added to all parties of 6 people or more, it does NOT have to go to the wait staff. Many businesses keep these charges to enhance the bottom line.
In California the business can also tip "pool" , meaning that they can pool the tips to all non management employees (that being those who can hire or fire). So your tip might be split between waiter, maître-d, cook, busboy, dishwasher, shift manager, and janitor.
Also remember the IRS expects all wait staff will be tipped at certain rate and may force them to pay taxes on tips they did not receive.