How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask TexLaw Your Own Question
TexLaw, Lawyer
Category: Employment Law
Satisfied Customers: 4430
Experience:  Contracts, Wrongful termination and discrimination
Type Your Employment Law Question Here...
TexLaw is online now
A new question is answered every 9 seconds

Is it legal for employment in a restaurant to be asked to give

This answer was rated:

Is it legal for employment in a restaurant to be asked to give soc sec card drivers license and birth certificate to be a waitress? I was fired because I did not give my birth certificate to a Chinese man that spoke broken English. I gave m student ID drivers license and soc sec card. They also wanted a pass port! Now they refuse to pay me for they days I did work. I had to pay for my own uniform, they make the waitress pay for 3% credit card charge, also if tip left on charge card they take and additional 6% of total sales, sometimes the waitress owes owner money on a 10% tip. The owner does not take the cash tips. Also the waitress has to pay owner 3$ if 10 min late for work and 10$ if u call in. Can this really b legal

My name is XXXXX XXXXX I will be assisting you with your legal question.

All of the actions by this restaurant are illegal under federal law and Florida law. It is considered illegal discrimination to require a birth certificate as a condition of employment. It is illegal to make a waitress pay credit card under the payday laws and is illegal to take part of the tips for the restaurant if this is not part of a legitimate tip share program. Further, it is illegal to require an employee to pay a penalty for showing up to work late or calling in.

Unfortunately, Florida does not have a state employment law enforcement agency to which you could go to file a claim. Unless the employer has more than 50 employees, you will be unable to go to the EEOC to file a complaint. As it is likely that the employer is smaller than 50 people, you will need to file a suit for the multiple legal violations.

I suggest that you contact a local employment law attorney to handle this case for you. You definitely do have a case.

Please let me know if you have any further questions. Please also kindly consider rating my answer positively so that I am credited by the website for my work on your question. Rating positively does not cause an additional charge and does not prevent us from further discussing your questions.

Kind regards,
TexLaw and other Employment Law Specialists are ready to help you

Related Employment Law Questions