9.08. Any gratuity paid directly or indirectly by a patron to an employee belongs to him of right and does not form part of the wages that are otherwise due to him. Any gratuity collected by the employer must be remitted entirely to the employee who rendered the service. The word “gratuity” includes the service charge added to the patron’s bill.
The employer may not impose an arrangement to share gratuities or tips. Nor may the employer intervene, in any manner whatsoever, in the establishment of an arrangement to share gratuities or tips. Such an arrangement must result solely from the free and voluntary consent of the employees entitled to gratuities or tips.
An employer may not require an employee to pay credit card costs.
O.C. 2573-82, s. 14; O.C. 1385-99, s. 7; O.C. 781-2005, s. 14.