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Legalease
Legalease, Lawyer
Category: Employment Law
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Experience:  13 years experience in employment law, unions, contracts, workers comp law
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Can employer withhold tips from an employee

Resolved Question:

Can employer withhold tips from an employee?
Submitted: 4 years ago.
Category: Employment Law
Expert:  Legalease replied 4 years ago.

Hello.

 

Can you tell me what the circumstances of this withholding are? What is the reason given to you for this withholding?

 

-

Customer: replied 4 years ago.
Employee was not on the clock, therefore was denied reciept of tips. Under the impression that tips could not be withheld for any reason? Because they are property of the employee, not employer.
Expert:  Legalease replied 4 years ago.

HEllo again. There are circumstances under Ohio law where an employer can withhold a portion of tip proceeds to split with other waiter/waitresses depending upon the set up of the restaurant. However, if you were working "off the clock" didn't the employer notice that and tell you to leave? And is the employer just going to pocket these tips as your punishment of some sort? THis is all pretty fishy to me.

 

First, you should be paid for the time that you worked "off the clock" no matter whose fault it was that it happened -- and that includes your tips. If the employer has a problem with the time you spent working off the clock, employer should not have permitted it to happen and his recourse against you is to give you a warning that you should not have done that (he could actually terminate you for it if the working off the clock was TRULY unauthorized and management did not know about it -- like you were doing a favor for a friend -- but I would think that within a half hour or so after your shift ended, someone would notice that you were still working and tell you to leave).

 

You should report these wage, hour and tip violations to the Ohio labor board -- they will investigate and you will receive the money for the time you worked and the tips that came with it -- and your employer will probably get fined for letting it happen. Here is an internet link to the complaint form for the Ohio labor department:

http://www.com.ohio.gov/laws/MWOTComplaint.aspx

 

GOOD LUCK

 

Please press the GREEN ACCEPT BUTTON so I will be paid for my time

 

THANK YOU

Customer: replied 4 years ago.

Employee works in a salon set inside a retail store. She was not working off the clock, just waiting to be checked to leave the establishment, when the GM stated she could not get tips untill the following day when she would be back on the clock.

Expert:  Legalease replied 4 years ago.

Were the tips that she earned the evening before then given to her the next morning?

If that is the case, then the employer has not committed any wage / tip violations here -- an employer has until the next regular payday to get the employee all pay and any tips owed to that employee -- if the employer so desired, employer could withhold all tips until regular check payday and then give those tips to the employee who earned those tips at the same time that employee received their paycheck. While it is nice to receive all tips on the day in which they are given, and many employers try to make sure that the tips are distributed that same day, the law does not require it.

 

Legalease, Lawyer
Category: Employment Law
Satisfied Customers: 14619
Experience: 13 years experience in employment law, unions, contracts, workers comp law
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