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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 11290
Experience:  Significant experience in all areas of employment law.
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My boss had us sign a paper taking 5 percent of our total

Customer Question

My boss had us sign a paper taking 5 percent of our total Resturant sales we make every shift to pay his other employees higher hourly wage; cooks, dish boys, hosts ect. So if we make the Resturant 1000 in sales he takes 50 bucks from us. Is that right? My paychecks have decreased a lot.
Submitted: 11 months ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 11 months ago.

Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

Are you talking about tips when you say "restaurant sales"? If not, what kind of compensation is this exactly? I very much look forward to helping you on this matter.

Customer: replied 11 months ago.
I'm a server. No he says he doesn't touch our tips but he takes it out of our check, im guessing hourly money. He's japensee and doesn't speak good English he just said he's taking 5 percent out of our total sales each night. So if I make the Resturant 1000 dollars he said he takes out 50 bucks
Expert:  Patrick, Esq. replied 11 months ago.

Thank you. It's a bit confusing but it sounds like you are talking about tips. That being the case, what you are describing essentially amounts to a tip pooling arrangement in which tips are shared with employees not directly involved in the chain of service. Some states prohibit tip pools that include employees not directly in the chain of service (i.e. cooks and bussers), but according to a fairly recent federal court decision that affects Washington state employees, such tips pools have be deemed legal. I'm afraid this means that the arrangement you describe probably does not violate any law. It is highly unfortunate that it has resulted in such a decrease in your pay, but most liekly the only options are to attempt to reason with your employer or move on to another restaurant that does not distribute tips like this.

I hope that you find this information helpful and am genuinely sorry if it is not what you were hoping to hear. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.

Expert:  Patrick, Esq. replied 11 months ago.

Hello again,

I just wanted to followup with you to make sure that you did not have any further questions or concerns. For some unknown reason, the experts are not always getting replies or ratings (which is how we get credit for our work) that the customer thinks have gone through. In your case I have not yet received either. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the site administrator.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed.

Very best wishes.

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