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iannel · Oct 24, 2007, 02:50 PM

I work both as a cashier and waitress at a small Café. At the end of the night, my employer will estimate the amount of tip I received and ask me to give that amount to them. For example, I sold $200 so I'm supposed to give the $200 in my register. But instead, my employee will ask me to give them $220 since they estimated $20 worth of tips. Is this legal?

charlotte234s · Oct 24, 2007, 02:56 PM

I don't know if it's legal or not, but is is obnoxious and uncalled for, as some people are jerks and don't leave tips at all, how does he know what you made?

What state/county do you live in?

Not to pry, I will try to just look up if there are laws about this.

shygrneyzs · Oct 24, 2007, 02:59 PM

Your employer asking for your tips? How rude! I can see him asking how much you made, since the employer does have to report a certain portion, but it would be a cold day before I would turn any of my tips over to someone else. Call your state Labor Commissioner and ask if this is legal.

charlotte234s · Oct 24, 2007, 03:01 PM

By the way, I suggest finding a new job since your employer is obviously a jerk.

shygrneyzs · Oct 24, 2007, 03:04 PM

Good idea, Charlotte - restaurant jobs are always available, especially for those with experience.

iannel · Oct 26, 2007, 03:42 PM

I'm in CA so employees have more rights :) I work for hospitality service and it's the Union who are wasting our dues to them! They are not doing anything to help on situations like this :(

excon · Oct 26, 2007, 08:23 PM

Hello I:

In my state, servers are paid below minimum wage and their tips make up the difference. If tips didn't make up the difference, the house would be obligated to make up the difference.

Your employer may have a policy of keeping the tips or distributing them evenly between the staff. I don't know and it isn't the restaurant business as usual. However, as long as you are paid at least minimum wage between whatever tips you have left after he takes his percentage, and your hourly wage, his taking of your tips is legal.

If it doesn't equal minimum wage you may sue him for the difference. Your union should be doing this for you, but evidently they're not.

excon