Form 4070a MS 2005-2025

Form 4070a MS: What You Should Know

You may want to download, print out, and keep Form 4070A at your place of work. Tip Amount Limitations. In general, you may not receive more than 15 or 20% of the price of products or services for which you receive tips, depending on the type of establishment and the size of your employer's workforce. In addition, you may not receive tips as part of an individual's gratuities for a meal provided, for example, by a hotel, motel, or boarding house. This amount is based on the rate applicable for a tip-splitting arrangement (see below) or the regular percentage of an employee's tips you would receive. Also, if you work for an establishment whose customers are required to share gratuities and a tip-splitting agreement is in effect, your employer's employees may not receive any tips from you. Tips Must Be Disclosed. If you wish to receive tips, you must provide the establishment with the following information, if this information is required by state or federal law: the names and addresses of your employer's customers; where you work; a statement that you will not receive a tip unless your employer and the customer agree to the practice; and your name, address, and employer identification number. If you have been employed by the establishment at any time since it applied for a tip-splitting agreement, you need to provide that information for the previous 3 calendar months (even if you have worked there before, or you have been on a leave of absence, such as pregnancy leave, maternity leave, or a qualifying military duty). You do not have to identify the establishment by name, nor must you provide the name of the employee you are collecting tips for. Waiting Period. Generally, you must wait at least 20 minutes after the conclusion of your shift before your employer collects tips from you, even if you receive tips on behalf of customers. You are not required to wait until the end of your shift to start collecting tips. If you do not wait for the 20 minutes, you may be subject to a civil action by your employer with respect to non-payment or a fee for collecting tips, or you may have to pay the waitstaff that you served (if any) a portion of the cash tips you were to have collected. If you are a tipped employee, you may not receive tips unless you are the last person in the kitchen or service department. Fees for Collection.

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