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Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
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Experience:  Lawyer
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is there a law that dicates the payment of tips in the state

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is there a law that dicates the payment of tips in the state of NY?
My limo told me they include tips into the bill i told them i will pay to the driver directly and they still send me the limo thus agreeing to that. Then they still charged me the tips and i am disputing it. Are there any lawas that i can site that would put a legal basis for my case? Nobody can force and legally add tips to the bill without concent?

My name is XXXXX XXXXX I'd be happy to answer your questions today.

As long as the company discloses that the gratuity is included in the bill, they may include it. This is because, my proceeding with a service after being informed that the tip will be included, the customer has agreed. A company could not add a mandatory gratuity to a bill if they did not disclose it to the customer in advance. Unfortunately, that means that the charge is permissible. There is no statute that says otherwise. The only thing the law says is that if money is designated as a gratuity, it must be paid to the employee, and the company cannot keep it. But they're not prohibited from collecting it on the employee's behalf.

I apologize that this was probably not the Answer you were hoping to receive. However, it would be unfair to you and unprofessional of me were I to provide you with anything less than truthful and honest information. I hope you understand.

Good luck.
Customer: replied 4 years ago.

whihc law says that the tip must be paid to the driver? can you please site it?

It doesn't say that the law has to be paid directly to the driver. It just says that employers must distribute tips collected to the employees. New York Labor Law Section 196-d.
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