351. No employer or
agent shall collect, take, or receive any gratuity or a part thereof that
is paid, given to, or left for an employee by a patron, or deduct any
amount from wages due an employee on account of a gratuity, or require an
employee to credit the amount, or any part thereof, of a gratuity against
and as a part of the wages due the employee from the employer.
Every gratuity is hereby declared to be the sole property of
the employee or employees to whom it was paid, given, or left for. An employer
that permits patrons to pay gratuities by credit card shall pay the
employees the full amount of the gratuity that the patron indicated on
the credit card slip, without any deductions for any credit card payment
processing fees or costs that may be charged to the employer by the credit
card company. Payment of gratuities made by patrons using credit cards
shall be made to the employees not later than the next regular payday following
the date the patron authorized the credit card payment.
Andre Plessis
AP Consulting
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