§ 231.114. Service charges.
(a) An employer that charges for the administration of a banquet, special function or package deal shall notify patrons of this charge by providing notice:
(1) In the statement in a contract or agreement with the patron; and
(2) On any menu provided to the patron.
(b) The notice required by subsection (a) must state that the administrative charge is for administration of the banquet, special function or package deal and does not include a tip to be distributed to the employees who provided service to the guests.
(c) When an employer chooses to charge for the administration of the banquet, special function or package deal, any billing statement must contain separate lines for service charges and tips.
(d) An employer may distribute a service charge to its employees. The amount distributed to employees must count as remuneration in accordance with § 231.43(a) (relating to regular rate) but may not count as a tip in accordance with § 231.1 (relating to definitions).
Authority The provisions of this § 231.114 added under sections 4(c) and 9 of The Minimum Wage Act of 1968 (62 P.S. § § 333.104(c) and 333.109).
Source The provisions of this § 231.114 added May 6, 2022, effective in 90 days, 52 Pa.B. 2701.
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