If you are a tipped worker, those tips that you earn are all yours. Your employer cannot take them from you. That would essentially be wage theft. If you suspect that your boss is taking advantage of you and taking your tips, then you need to report them. A Los Angeles wage & hour claims lawyer from our firm can help you.
Are Managers and Supervisors Allowed to Take Tips From Workers?
Your boss or employer cannot take your tips, and neither can supervisors or managers. Even if one of your superiors is working on the floor with you and interacting with customers, they cannot take your tips. They don’t get a cut of your earnings just because.
Now, supervisors and managers can accept tips provided that they are the ones actually doing something for a customer. The task that they are performing also has to be something that only they can do for the customer.
Is It Legal to Pool Tips?
Pooling tips is common at businesses like restaurants. Instead of a waiter just taking the gratuities from each of their tables that night, everyone has their funds put in the same pool and split up. Everyone gets their share, but managers and supervisors do not. They are still not allowed to take any tips even if they are in a shared pool.
The supervisors at a business like a restaurant are usually paid a more substantial hourly wage. A waiter could be making a cash wage of just $2.13 per hour. Their tips are supposed to make up for the shortfall between their actual wage and the federal minimum wage. A supervisor who takes an employee’s tip is stealing wages, plain and simple.
What Happens if an Employer Steals Tips?
Employers who steal from their employees should be held accountable. Filing a report with the Department of Labor can help. Regulators can punish a business for taking tips by fining them, and they can even do this if the wage theft was not willful or if the behavior was not repeated. So it is clear that the Department of Labor takes such complaints seriously.
When Should I Hire a Lawyer?
A seasoned employment lawyer can help you make your complaint to the Department of Labor. They can help you gather the evidence and information needed to make a compelling case. The more info you have for investigators, the easier it can be for them to figure out what happened and whether or not your employer should face penalties.
Contact Our Firm
If you suspect that your employer is taking advantage of you, contact RD Law Group. Our employment lawyers have plenty of experience helping tipped employees with issues of wage theft and bosses who violate labor laws. Contact us and schedule your consultation today.
