Alaska Administrative Code
Title 8 - Labor and Workforce Development
Part 1 - Industrial Welfare
Chapter 15 - Alaska Wages and Hours
Article 6 - General Provisions
8 AAC 15.907 - Employee tips
Universal Citation: 8 AK Admin Code 15.907
Current through August 30, 2024
(a) Except as provided in this section, an employer may not handle or take possession or control of an employee's tips.
(b) An employer may handle an employee's tips only for the purpose of
(1)
delivering the cash amount of a tip to the employee when a customer provides
for a tip on a credit card charge slip;
(2) redistributing tips to service employees
under a tip pooling arrangement; an employer shall provide written notice to
all service employees of the tip pooling arrangement; any change to a tip
pooling arrangement must be provided in writing on or before the payday before
the payday on which the change becomes effective; a tip pooling arrangement may
not be retroactive; or
(3)
redistributing an employee's accumulated tips to the employee on the next
regularly scheduled pay day only if a daily accounting of the employee's tips
is provided in writing to the employee each day that the tips are proivided by
a customer.
(c) If an employer must pay a credit card company a fee based on a percentage of a customer's bill, an employer may reduce the amount of a credit card tip by a percentage not greater than the percentage charged by the credit card company for its fee.
(d) For the purposes of this section,
(1) "service employee"
(A) means an employee whose primary duty is
to deliver or assist in the delivery of services to a customer who, including a
host, hostess, order-taker, server, busser, dishwasher, or cook;
(B) does not include an employee whose
primary duty is managerial or administrative
(2) "tip pooling arrangement" means an
agreement under which a portion of an employee's tips is collected for
distribution among service employees;
(3) "tips" means an amount of cash, or an
amount designated as a "tip" by a credit card customer on a credit card charge
slip/that is determined, and freely given, by a customer in recognition of an
employee's service to that customer; "(8) does not include a compulsory charge
that is part of the employer's gross receipts, such as a service charge of 15
percent of a customer's bill;
Authority:AS 23.05.060
AS 23.10.085
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