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    ronb1308's Avatar
    ronb1308 Posts: 3, Reputation: 1
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    #1

    Jun 3, 2012, 04:36 PM
    Can employer keep part of my tips?
    Employer keeps part of my tips and gives to kitchen staff, sales staff, and office staff. Is this legal?
    Wondergirl's Avatar
    Wondergirl Posts: 39,354, Reputation: 5431
    Jobs & Parenting Expert
     
    #2

    Jun 3, 2012, 04:38 PM
    Did you sign a contract or agreement that the tips would be split up and shared in some way?

    Has this been happening since your first day there? How long have you been there?
    ronb1308's Avatar
    ronb1308 Posts: 3, Reputation: 1
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    #3

    Jun 3, 2012, 04:41 PM
    Quote Originally Posted by Wondergirl View Post
    Did you sign a contract or agreement that the tips would be split up and shared in some way?

    Has this been happening since your first day there? How long have you been there?
    Not all of the time, only when restaurant has a large party. No one agreed to any sort of tip pooling.
    Wondergirl's Avatar
    Wondergirl Posts: 39,354, Reputation: 5431
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    #4

    Jun 3, 2012, 04:47 PM
    Have you talked with your employer about it as to the rationale?

    Oh, what is your job? Waitperson?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #5

    Jun 3, 2012, 04:50 PM
    As far as I know its not uncommon for a restaurant to pool tips when it hosts a large party. As long as the employer is consistent with his application of this policy, I would suspect it would pass legal muster.
    ronb1308's Avatar
    ronb1308 Posts: 3, Reputation: 1
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    #6

    Jun 3, 2012, 04:54 PM
    Quote Originally Posted by ScottGem View Post
    As far as I know its not uncommon for a restaurant to pool tips when it hosts a large party. As long as the employer is consistent with his application of this policy, I would suspect it would pass legal muster.
    The management is keeping part of the tip for themselves and giving part to nontipped employees
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #7

    Jun 3, 2012, 05:08 PM
    If you don't like the practice consult a labor law attorney. But be prepared to lose your job.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #8

    Jun 3, 2012, 07:07 PM
    Is this a "tip" that is added to the bill, or a actual tip left on the table, ( or both)

    Most of the larger parties I have done to, the tip is a fee added to my bill ( something I hate and often fight if I have poor service)

    But for those in the business tell me that that tip is often split among various workers.

    It should not be keep by business but given to the workers.

    The issue is, you may fight it, but expect to be unemployed.

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