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Tina, Lawyer
Category: Employment Law
Satisfied Customers: 8184
Experience:  JD, BBA, recognized by ABA for excellence.
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I am writing to you hoping to get some answers since my managers

Customer Question

I am writing to you hoping to get some answers since my managers and regional managers can’t seem give me and my coworkers a straight answer. As any other serving job we have tip outs, and just like any other job we tip out the bartender and busser, however they also require us to tip out our sushi chefs, who are paid ten to fifteen dollars and hour. They do not talk to our guest they do not serve our guests their food nor do they make any tips from customers, they simply make and plate our sushi and put it in the window for us to take out and serve. They require us to tip out sushi 5% of our total sushi sales weather we are properly tipped on it by our customers or not. They actually print out on our check out what we have to pay out bar, busser and sushi for the night, then make us sign a paper logging what we tipped out. They require us to tip out a specific percentage weather I made that money or not, the managers take it from us, and put it in an envelope for that employee. It was under my understanding that our tips were our property and although companies have a tip out policy, it is unlawful for the company to demand that money for the tipped out employee. Also at our establishment they require us to claim 100% of our credit card tips even if we are not walking out with that amount of money. There have been plenty occasions I have had to tip out 70 plus dollars to other employees, so i would subtract the amount I was not walking out with, come to find out our company goes back in changing what I had claimed for the night, then does not make sushi and bussers claim all of their tip outs. Why should I be getting taxed on money that another employee is making. Not to mention this same company screwed atleast 5 employees including myself at my location alone on their taxes. Withholding only 2% instead of the 5% their supposed to, thus causing us to owe money. Any time I try to ask anyone about any of these issues, I do not get an answer. I hope you can provide me with some answers or guide me on what steps I should be taking. I would really appreciate your input.
Submitted: 2 years ago.
Category: Employment Law
Expert:  Dimitry K., Esq. replied 2 years ago.
Thank you for your question. Please permit me to assist you this afternoon.
If I may ask, how many employees are at this location, approximately? Are there other restaurants as well and if so, how many employees do they have?