Owners taking our tips

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George in Las Vegas, Nevada

30 months ago

Kattrippen, It doesn't sound like your tip pool is the kind of tip pool federal laws speak of.

CFR 531.54 explains that the tip pools which federal laws concern themselves with are tip pools where the employees have mutually agreed on the basis by which their tips will be redistributed through a tip pool.

CFR 531.54 clearly states that "TIP POOLING" is,
"where an accounting is made to an employer for his information only or in furtherance of a pooling arrangement whereby the employer redistributes the tips to the employees upon some basis to which they have mutually agreed among themselves."

Correct me if I am wrong, but you don't seem to be in "mutual agreement" as to the way your tips are being redistributed. Have you mutually agreed to this?
\\\

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George in Las Vegas, Nevada

30 months ago

Kattrippen, it seems like your tip pool is one where your employer is arbitrarily accounting for how your tips will be redistributed through his tip pool. The problem with this type of pooling arrangement is that it prevents workers, such as yourself, from pooling tips, as defined under federal laws and regulations. How can you and other co-workers mutually agree on the basis by which your tips will be redistributed through your tip pool when your employer is determining such matters without your consent?

The truth of the matter is, federal laws state that nothing is to prevent you from being able to pool your tips, as defined under federal regulations. What that means is that it would be unlawful for your employer to construe USC 29 section 203(m) as not prohibiting him from determining the basis by which tips will be redistributed through a tip pool. Contact the U.S. DOL an let them know what's going on.

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George in Las Vegas, Nevada

30 months ago

owner in Winona Lake, What good does quiting and moving on do to help all the employees who are having their tips stolen? If we don't stand and fight, how will this corruption ever be stopped?

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eddiej73 in Modesto, California

29 months ago

my daughter had a job in a pub and was told that she would make min. wage but that she was not entitled to her tips until her training period was over and she was given an application to be filled out. after two weeks of "training " she asked the owner for her application and he became verbally abusive and told her not to "f#$@%&g bug about it". So as far as i know she was working without having filled out an application. does any of this sound legal

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short changed in chelan in East Wenatchee, Washington

29 months ago

anne in Damariscotta, Maine said: As I've been replying for months, now, it is illegal in ANY state for a manager, salaried or not, to take any tips!!! That includes if they take a role of hosting when shorthanded, etc. Managers/owners, in ANY STATE, cannot take tips from their employees! Go to your Labor Board, get statements from other co-workers, and don't take this crap!! You work hard for your money. Again, I'm a manager, and I would never, ever do this to my staff - was done to me years ago, and I wish I'd spoken up then. (and that was in lake chelan, wa....)[/

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short changed in chelan in East Wenatchee, Washington

29 months ago

anne in Damariscotta, Maine said: As I've been replying for months, now, it is illegal in ANY state for a manager, salaried or not, to take any tips!!! That includes if they take a role of hosting when shorthanded, etc. Managers/owners, in ANY STATE, cannot take tips from their employees! Go to your Labor Board, get statements from other co-workers, and don't take this crap!! You work hard for your money. Again, I'm a manager, and I would never, ever do this to my staff - was done to me years ago, and I wish I'd spoken up then. (and that was in lake chelan, wa....)[/

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short changed in chelan in East Wenatchee, Washington

29 months ago

thank you. very helpful,am copying,and giving this info to my 4 year employer.who can then decde as to whether or not i continue my employment

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someone in Brighton, Michigan

28 months ago

I am wondering if it is legal for a restaurant owner to take back tips a waitress gets on a credit card transaction when the credit card does not go through? The initial transaction approved, but later the credit card company declined the transaction. The tip was already given to the waitress, does she have to give it back?

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Anne in Lincolnville, Maine

28 months ago

No, you don't! Not your problem, it's the cost of doing business for the owner.

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stinkafoot@yahoo.com in Houston, Texas

28 months ago

I work for this bar/restaurant called J. Durham and I am upset because she pays us $10 an hour and all the tips that are put into the tip jars she take them count and at the end of the night she will give us our hourly pay for 5 hours totaling to $50 dollars a night and she will give an extra $20 dollar so that means we made $70 dollars for the whole night in which the tip jar made at least $300. Not only is she taking our tips from the bar but the credit card tips are being kept. On top of her keeping all the tips she has under age girls working in the bar as waiting staff, her bus boy is the cook and he uses the same gloves to clean the toilets and to cook the food. Who can I contact to have her investigated.

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Mcasey in Floresville, Texas

28 months ago

Cowboy69 in Anniston, Alabama said: Okay, so I've been working in a family owned joint for about two months now. At the end of every night, out of our credit card tips, the restaurant takes 8% for "sales tax", $15 for the bartender , and $12 for the food runner (we only had one). And, if we don't make at least the money required to cover the bar, food runner, and the "sales tax", then we have to pay the difference out of pocket. What's up with that? Shouldn't the money for the bartenders and the food runners come out of our sales instead of our credit card tips? I mean, yeah, I've had nights where I've made excellent money, and voluntarily tipped the bartenders and food runners out of my cash tips, but then on other days where I don't make much, or when I only work half a day, I wind up having to pay out my pocket, essentially having to pay to work. What's the deal? This has got to be violating some kind of law somewhere.

As a side note, a few weeks ago, they got rid of the only food runner, stating that they were "Tired of hearing complaints about having to pay him out of our tips" and that they "just want us (servers) to make more money." Whether this is the truth or not, I'm not certain. But I just found it interesting.

Also, I understand that as a server, I only make $2.13/ hr . But every week I get a paycheck. And every week, that paycheck is for an amount of $0.00, and it clearly states on the check, "THIS IS NOT A CHECK." And, regardless, of whether I've worked 40 hours, or 80-90+ hours, the paycheck always says exactly 40 hours. When I've asked my managers about this, I'm told that it all goes to "taxes." What's up with this? That's GOT to be some kind of illegal.

your paycheck is zero because you make too much money in credit card tips and your 2.13 doesnt compensate for taxes on how much you make

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Mcasey in Floresville, Texas

28 months ago

i know this is off topic, i waitress and get alot of requests at my restaurant and make damn good money. now the issue is being brought up that im very popular and its not fair for guests to come in and request me....although we train with a dvd that specifically tells you to get requests and thats how you make your money. guests should be happy and get who they ask for since thats where there money is going.

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Mcasey in Floresville, Texas

28 months ago

Leese in Wilsonville, Oregon said: I work as a server in Oregon and our place just installed new software POS which is fine, although there was zero training. The real kicker is, Now manager says I have to bring 20.00 with me each day and front my own personal till. I have been a server for many years and this one I have never heard of??? Has anyone else? I contacted Oregon's wage and hour department and THEY said this is legal so long as it does not put my pay below minimum wage. whats really going on here? Is this a move to record my tips for taxes?? Has anyone else been through this, talked to an attorney or anything? Please let me know.

no.... this is called a bank.... its makes it easier on both the waitress and the restaurant. it takes time to run around and find a manager to make chance for a 20. where as you bring a $20 bank.... usually advised 1's and 5's so you and your manager dont have to take the time to break it and you dont keep your guests waiting. its very common and makes things very easy.

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Bar-fly in Meriden, Connecticut

28 months ago

Allison in Myrtle Beach, South Carolina said: I'm a assisant manager for a Hotel and when slow we send bartenders home and I run the bar. I'm I legally allowed to keep the tips in South Carolina?

Yes,they were given to you!

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Bar-fly in Meriden, Connecticut

28 months ago

Allison in Myrtle Beach, South Carolina said: I'm a assisant manager for a Hotel and when slow we send bartenders home and I run the bar. I'm I legally allowed to keep the tips in South Carolina?

Yes,they were given to you!

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littlesky9 in Malibu, California

20 months ago

For anyone not getting paided your wages,or if you are let go, and they dont pay you, or they dont pay for in the three days reguired...for tipping problems...the manager etc, takes your tips....PLEASE People...CONTACT YOUR CITY AND STATE AREA...LABOR BOARD...CALL THERE PHONE NUMBER...CALL INFORMATION...IN YOUR CITY AND STATE (IN YOUR IN TEXAS, AND IT HAPPENED IN LOS ANGELES,YOU NEED TO DO IT...IN THE CITY AND STATE,WHERE IT HAPPENED...CALL THEM UP...THEY WILL SEND YOU A SIMPLE FORM TO FILL OUT...YOU DONT NEED TO GO DOWN THERE...TELL THEM, WHO WHAT,WHERE,WHY...YOU AE NOT GETTING YOUR MONEY, PAST WAGES...UNFAIR FIRING, SEXUAL HARRASSEMENT....THEY WILL CONTACT YOU BY MAIL...AND YOU WILL HAVE AN APPT...THERE WILL BE A MEDIATOR THERE AND YOUR CROOKIED BOSS....IF THE EMPLOYER DOES NOT WANT TO PAY...THEY WILL GO BEFORE A JUDGE,AND PAY PENALTIES,BESIDES YOUR MONIES OWED....YOU DO HAVE STATUE (TIME WHEN YOU CAN BRING THIS BEFORE LABOR BOARD,CHECK OUT STATUE,.,....COULD BE ONE YEAR,4 YEARS...DO IT AS SOON AS POSSIBLE...THIS WILL HELP YOU, AND ANY OTHER PERSON, THAT HAVE BURNED...I HAVE WON 4 TIMES IN OVER 20 YEARS...FROM EMPLOYERS HOLDING MY CHECK...THEY WILL GET PENALIZED FOR EVERY DAY THEY DO NO PAY YOU...IT IS AGAINST THE LAW...YOU HAVE RIGHTS...THIS IS THE UNITED STATES,NOT SOME THIRD WORLD COUNTRY....THERE IS ALSO THE "CONSUMER AFFAIRS" FOR SHISTER BUSINESS'S THAT TAKE YOUR MONEY, AND DO NOT FULLFILL THEIR OBLIGATIONS TO YOU....THEY ALSO DO, LEMON LAWS FOR CARS, EVICTIONS OF APTS...ETC ETC....CHECK IT OUT...IT IS FREE...YOU HAVE RIGHTS....AND ALWAYS GET A SECOND OPINION,BEFORE YOU PUT GOOD MONEY TO SOME, PERSON SAYING THEY CAN DO SOMETHING, THAT THEY MIGHT NOT BE ABLE TO DO...DENTISTS, PARA LEGALS,ETC...ALSO IF YOU ARE BURNED BY A DENTIST...YOU HAVE THE DENTAL BOARD TO COMPLAIN TO, OR THE DENTAL ASSOCIATION...IF THAT DOESNT WORK...THERE IS ALWAYS...SMALL CLAIMS COURT...YOU HAVE THE RIGHT TO SUE, UP TO 7500.00....IT DOESNT MATTER IF YOU ARE AN ILLEGAL.DONT BE AFRAID.

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littlesky9 in Malibu, California

20 months ago

Bar-fly in Meriden, Connecticut said: Yes,they were given to you!

WHY NOT? YOU DO THE WORK?...IF THE PERSON SENT HOME IS SAYING YOU OWE IT TO HIM...THAT BS!!GOOD LUCK.

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littlesky9 in Malibu, California

20 months ago

Goldilocks in Brisbane, Australia said: I'm a waitress in Queensland, Australia.

Our (new) manager said he would fine us (from our tips) if there was another table left without cutlery again. Wodering if this is legal . (Australian law preferred, UK law may also be appropriate).

He didn't specify what he would do with the fine (or how much it would be).
Throughout the night he empties the tip jar, takes it back to the office, and has said he'll distribute it at the end of each week (this past week was his first: yet to see how he does this, or what amount we'll get).

Just to clarify, it was a fully booked night, every waitress was run completely off her feet (seating customers, taking orders, serving food , clearing tables, filling water and wine glasses, etc.) and it was only the dessert cutlery that wasn't reset- and it takes about 10 seconds to get.

HI, CHECK TO SEE IF YOU HAVE A LABOR BOARD IN YOUR CITY AND STATE,IN AUSTRALIA...WE HAVE A FEW HERE IN CALIFORNIA...MUST BE DONE IN THE CITY AND STATE...PERHAPS GOOGLE...LABOR BOARD, CALL THEM UP...OR THE EQUIVALENT OF LABOR BOARD...YOU MUST HAVE SOMETHING THERE...THEY WILL SEND YOU PAPERWORK,SIMPLE...WHAT WHERE,WHO WHEN...YOU WILL GET A LETTER,YOU GO, THERE WILL BE LOUSY BOSS,A MEDIATOR...IVE WON 4 TIMES IN 33 YEARS...FROM 8000.00 TO 500.00 YOU HAVE RIGHTS, WE ALSO HAVE CONSUMER AFFAIRS HERE,FOR LEMON LAWS (CARS) EVICTIONS,ETC...THERES THE DENTAL BOARD FOR A-HOLE DENTISTS...THAT DO SHODDY WORK,OR UNETHICAL WORK...LASTLY TAKE THEM TO SMALL CLAIMS...HERE IN US ITS 7500.00 FIND OUT ABOUT STATUE...TIME YOU CAN FILE...EASY..ASK, GOOGLE...GOODLUCK. NOELLE

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Desmond in East Hartford, Connecticut

18 months ago

Anne in Nobleboro, Maine said: WOW. I'm a general manager of a pizza place AND an adjoining sports pub and I would NEVER DARE to go into my bartender 's tip jars - that's just not ethical, or right. Those tips are none of my business . All I encourage is my staff to claim 18% between charge & cash tips, so that the IRS doesn't crawl all over my staff or my business with fines. I don't know what California's labor laws are, but in Maine, I can fire "at will", but I better have some pretty good write-ups, or they find in favor of the employee. I think you need to say something to someone - is there a supervisor over your General Manager? Is anyone auditing with him/her the tips he/she is carrying out & counting? How can you be sure they aren't skimming?? That's YOUR money, not theirs. Definitely find someone to bring this to. That's not right at all.

I was wonder do you know about the laws concerning going with out a customer ,so the restaurant has to cut you or pay you minimum wage?

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timevans000 in Los Angeles

17 months ago

Owners getting tips of the waiters or servers? Of course that's not fair. These people have to make a living. Put yourself in their shoes, what would you expect? The owners should not get what was not given to them.
Read more.. [url=personalmoneynetwork.com/moneyblog/2012/08/23/tip-servers-with-cash/]Try to tip servers with cash when possible[/url]

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confused

16 months ago

Hi, I receive financial assistance from the state of Missouri. In order to qualify for this assistance, I am required to volunteer 35 hours a week. I currently volunteer at a restaraunt as a waitress. I keep all my cash tips but was told I cannot keep the credit card tips because if I did, I would be required to file taxes, which I cannot do, as I am not an employee. The way the system is set up, the amount of credit card tips are automatically deducted from the amount due rhe restaraunt. In essence, you immediately get the tips, and the tips are then later applued to make up the difference. So in my situation, the restaraunt not only gets the total amount of the cash tickets, but since the credit card tips are not applied, the owner then gets the amount of the tips from credit cards. Is this legal? Keep in mind, the only income I get directly from this is my tips, since I'm not an actual employee, except if course, the assistance i receive.

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Mike in Melbourne, Florida

16 months ago

A restaurant may redistribute a percentage of tips to support staff such as bartenders, bussers and hosts. Any other tips being kept from the person that earned them is ILLEGAL and needs to be promptly reported.

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confused

16 months ago

Idk if you were talking to me... but no tips are ever redistributed. tips are 100% the employye's who served that table. we dont pool tips or anything. but since i volunteer-dont getpaid- they said i cant keep credit card tips only cash tips. so the owner basically gets them in the end.

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Ripped off and pissed off in Santa Monica, California

15 months ago

I've been working at a moderate to high volume restaurant resently as a server. I called a meeting with one of the owners r.e. the 10% taken from my cash/credit card tips. He justified this by stating that a part of a juicer was lost by a kitchen employee and had to be sent express mail, plate breakage, compt'ed appetizers if the kitchen was backed up...and my favorite...to pay for employee meals for ALL staff. I discovered that the kitchen staff do not receive tips since they were on a higher hourly pay scale than servers. (According to the owner). I after only a couple of days had to raise an eyebrow when the tips I was receiving daily were consistently averaging $35. I thought that odd since some days we would get slammed and regardless...not much of a difference in tips received.
Any input would be greatly appreciated.

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Mary inTampa in Tampa, Florida

15 months ago

Any input? QUIT IMMEDIATELY. I would attempt to file a claim for unemployment. At least that way you can file an official complaint with the Dept. of Labor.

I would also call the IRS and talk to someone there. He is stealing your earnings. He is using your earnings to pay for things for his business, and he is also claiming his expenses (which he didn't pay for - you did) on his income tax - so his taxes are less (because his expenses are deductible).

What's worse. The earnings he is stealing from you, you are paying taxes on at the end of the year. You may not realize it yet, but you will.

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Mary inTampa in Tampa, Florida

15 months ago

I am sitting here. Wow. Depending on how big that restaurant is, how many servers there are, he could be raking in $200,000 a year - tax free - tips he took from the servers and he isn't declaring that as earned wages.

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Mishiru in Santa Barbara, California

15 months ago

Hi! I have a question. I started working at a Japanese restaurant which pools their tips around 3 months ago. Everyone who is new at this restaurant goes through a period of training where we start off not receiving any tips. The owner then gradually starts raising the percentage of the tip we get depending on how well he thinks we are doing, from 1% to 8%. After that, you become a full tip worker. (ie, let's say the restaurant made a total of $100 in tips that night. If I make 5% (which is what I make after working there for 3 months) I would get $5. Then, the kitchen would get 40% and the rest of the workers would divide the rest of the tip evenly between them. This usually results in full tip workers getting around $50 while I get $20. I do everything a full tip worker does, but get way less tips. Is this legal?

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Helen in Miami, Florida

14 months ago

I am working at Spa in Miami as massage therapist and I am getting only 17% from 20% that my customers thinking gives to me.Is it a legal for management to keep 3% of my tips?

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brfifield@hotmail.com in Spokane, Washington

12 months ago

I work for a Quiznos subshop in wash. state. there are only 4 workers along with myself. we handle the customers from start to finish, meaning there are no "back of the store workers" we do it all. For as long as Ive been there the owner has been making us turn in our tips and every pay day he divides them between us workers. he is constantly coming up with excuses to keep them, he usually claims the register is short and then keeps whatever the amount he claims its short. It never adds up. recently he kept all our tips for 6 weeks straight, thats 3 pay periods and didnt even offer an explaination. He did mention something about us recording them wrong from the credit card sales, BS!!!! we do it exactly how we were taught, the mistake isnt something we are doing. the last pay period I droped over 100 dollars personally and I only work a couple of hours a night so I know at very least there was 3 times that. 5 of us works recieved 75 dollars to split up, so he pocketed at least 225 dollars, just in the last two weeks. last summer he got a fine from the health dept. he used our tip money to pay it and said it was our fault. I wasnt even working that day. last month one worker was fired because he was on video taking cash from the register, well they caught him and he paid the money back in order to keep from being arrested, but we had to cover those shortages with our tips and he, the owner, said we would get the money back we he got it but it hasnt happened yet. every new employee has a 35 dollar deduction from there first check for a shirt and hat the owner provides, but its almost impossible to get that back from him when you quit. Ive been watching him avoid paying people back for all the time Ive been there. the last person who confronted him was fired on the spot. I dont want to lose my job but Im so fed up,, we make minimum wage and its a struggle to survive, those tips would come in real handy if we got to keep them but we dont HE DOES!!!!!

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anonymous1 in Santa Maria, California

10 months ago

I work at a small, local restaurant that has great food and everyone is nice, but here is my problem: The owner/my boss set up this new system to determine how many tips we get. I read that interference with tips is illegal and with the little hours I get, I could really use the tips. I'm scared to bring it up though because they're all nice people and I don't want to cause any issues or conflict especially if it will have any negative effect on other employees. I've only worked here for a few months, anyway. The positions at this place are cashier, grill cook and back cooks. The cashier takes the orders and brings out food, etc. Pretty much all tasks of a busser/cashier/hostess/server.

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AngelaL in Newark, California

10 months ago

BartenderBeingRobbed in Los Angeles, California said: I work at a bar where the general manager takes our tips during our shift and brings them into the back office. He then counts the money, paperclips it into bundles of $25 and brings the tip jar back out to the bar. Last night we had a really busy night, but the money we made was not that good. I'm afraid if I say something that I will lose my job. I have thought about saying something anonymously, but I still run the risk of being discovered and fired. I would love any advice about this. Please help.

www.dir.ca.gov/dlse/FAQ_tipsandgratuities.htm These are your rights. Look it over and contact a labor / employment attorney in your area.

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AngelaL in Newark, California

10 months ago

These are your rights. www.dir.ca.gov/dlse/FAQ_tipsandgratuities.htm Look them over and contact a labor & employment attorney in your area.

benjamingrelle@yahoo.com in Burbank, California said: It is ILLEGAL for an owner or manager to recieve tips. It is Stealing! Here in California owners do it, knowing they may get sued for "back tips". However, most employees don't pursue it, and the owner gets away with it. It is illegal! AND MORALLY WRONG!

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AngelaL in Newark, California

10 months ago

Cool Girl. This practice violates California Labor Law. Check this out www.dir.ca.gov/dlse/FAQ_tipsandgratuities.htm and contact the DLSE in California, or call a labor & employment attorney in your area. Good luck. I'm a professional in the labor law field and this kind of abuse really ticks me off.

coolgirl in El Monte, California said: so i just found out that i only get tip from cash and the tip from credit cards is not included. the owner didn't let us know about this at all at the beginning, and i found out that by the end of the night all the credit card tips go to him to pay for "fees and housing " is this illegal?

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AngelaL in Newark, California

10 months ago

Nice Server in Jacksonville, Florida said: I'm curious about the laws concerning "tipping out." At our restaurant, the owners take a nice size of our tips and tell us that it goes to the hostess salary, valet services, and employee party at the end of the year. Is this legal ?

Probably not. Check out the department of labor website in Florida, my guess is that they have a fairly comprenhensive list of dos and dont's, as well as a way to seek redress in the system.

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Hostess in Bronx, New York

7 months ago

I work as a hostess in a really nice place and my question is it legal for the managers to get the tips from customers to get a good table? I've worked at other restaurants before as a hostess and the managers would never take tips from customers. But in this place they get a lot tips from customers and only one manager gives us the tips while the other manager and general manager take the tips. Is this right?

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Moe in Toledo, Ohio

2 months ago

Nice Server in Jacksonville, Florida said: I'm curious about the laws concerning "tipping out." At our restaurant, the owners take a nice size of our tips and tell us that it goes to the hostess salary, valet services, and employee party at the end of the year. Is this legal ?

I am in the same spot an not only do they keep all my tips but they only pay 6 dollars an hour can i sue at first no one told me what I was going to be paid till it came to paying me an then I found out but I was really in need of the money so I kept working there because it was something

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EndlessJoy in Atlanta, Georgia

2 months ago

Moe in Toledo, Ohio said: I am in the same spot an not only do they keep all my tips but they only pay 6 dollars an hour can i sue at first no one told me what I was going to be paid till it came to paying me an then I found out but I was really in need of the money so I kept working there because it was something

First, you need to get a hold of the company's WRITTEN policy on tips. If there is no written policy then you're looking at a huge red flag. Even if you went to an attorney s/he would be asking about the company's policy on tipping. Without knowing the company's policy there's not much more to add.

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