Employment Law

Employment Law Questions? Ask an Employment Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Employment Law

I own a coffee shop and my manager is working with customers

Customer Question
HI I own a coffee...
HI I own a coffee shop and my manager is working with customers all day long, he makes coffee, serves tables, and also perform a little managerial work.
Can he participate on tips?
Submitted: 2 years ago.Category: Employment Law
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 21 minutes by:
5/12/2015
Employment Lawyer: Allen M., Esq., Employment Lawyer replied 2 years ago
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 19,450
Experience: Employment/Labor Law Litigation
Verified
Hello, my name is ***** ***** I look forward to assisting you today. I bring nearly 20 years of experience in various legal disciplines.
A manager, to maintain a salaried exempt status, must be in a managerial position. That doesn't mean that all or even most of their work must be solely as a manager.
If that employee is the "boss" while they are on shift, there to deal with issues of supervision and decision making, they are the manager even when doing other activities that would be considered hourly in nature.
The employee must have active and meaningful input into decisions of hiring/firing and other personnel decisions.
If that manager is engaged in those activities, they can meet the salaried exempt requirements.
Ask Your Own Employment Law Question
Customer reply replied 2 years ago
My Manager do not has the authority to hire or terminate employees. Can he receive tips?
Employment Lawyer: Allen M., Esq., Employment Lawyer replied 2 years ago
Ok, that's your question then.
It is concerning tips.
First, I'd have to say that I hope that your manager is paid hourly. Based on your statement, he can't be appropriately classified as salaried.
Second, on the issue of tipping, it is only illegal for management to receive tips as part of a tip pooling system which takes tips away from hourly employees and then divides them up. Tip pooling isn't itself illegal, but if the tip pooling system starts giving managers a division of that tip pool, that is not legal.
A manager earning his/her own individual tips for his/her own work which normally would receive a tip, that is not illegal.
Ask Your Own Employment Law Question
Ask Allen M., Esq. Your Own Question
Allen M., Esq.
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 19,450
19,450 Satisfied Customers
Experience: Employment/Labor Law Litigation

Allen M., Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,184 satisfied customers

JD, BBA, recognized by ABA for excellence.

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

19,450 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,316 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,054 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

3,912 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

< Previous | Next >

Related Employment Law Questions
My employer is trying to change me to salary without pay
My employer is trying to change me to salary without pay increase etc I am health care professional and work bent hrs on and off Rhett clock … read more
John
John
Employment Lawyer
Doctoral Degree
3,912 satisfied customers
I have worked for a company for five years as a salaried
I have worked for a company for five years as a salaried manager, they now what to make me hourly, can they … read more
Thelawman2
Thelawman2
Doctoral Degree
1,299 satisfied customers
I have worked for a company for five years as a salaried
I have worked for a company for five years as a salaried manager, they now what to make me hourly, can they … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I have a salaried employee who was hurt on the job and was
i have a salaried employee who was hurt on the job and was off for 11 weeks on workers comp. Am I required to make up the difference in her pay between what workers comp was paying and her salaried pa… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I was previously employed as an Account Manager, salary was
I was previously employed as an Account Manager, salary was $28,000 / yr, I crushed my quota for the year, coming in well over 100% for the year. In April of 2017, my wages were reduced from $28,000, … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,440 satisfied customers
An employee was hired for a healthcare salaried position for
An employee was hired for a healthcare salaried position for $60,000 per yr. Salaried position stated employee is expected to work 50 hour work week. Employee took off one day and was paid for 72 hour… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,440 satisfied customers
I am on a guaranteed salary to take care of delivering to
I am on a guaranteed salary to take care of delivering to two customers our company has in the Kansas City area. I am designated as dedicated to these two customers. the number of loads per week vary.… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I have been working for a company as a salaried employee for
I have been working for a company as a salaried employee for over a year. The project I was working on has ended. The company wants me to do another position but hasn't really explained what they want… read more
John
John
Employment Lawyer
Doctoral Degree
3,912 satisfied customers
Are Salaried employees entitled to any compensation for
Are Salaried employees entitled to any compensation for overtime work … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
A salary exempt employee works a 40 hour work week. If that
A salary exempt employee works a 40 hour work week. If that employee typically works 5 - 8 hour days however on occasion the schedule requires night meetings resulting in 10 hour days or even 12 hour … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
What are the salary requirements for a Exempt employee in
What are the salary requirements for a Exempt employee in the state of Texas for 2017? … read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,334 satisfied customers
Can a Salaried Employee get paid on a per day basis or do
Can a Salaried Employee get paid on a per day basis or do they have to be paid only on a weekly basis? If it posted anywhere please let me know. Thank you.State: NY City: NYC… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
Can a salaried employee (assistant store manager) be
can a salaried employee (assistant store manager) be required to work more than 40 hours a week, six days in a row without overtime pay … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I am a Salaried exempt employee in Tennessee. If I am sick
I am a Salaried exempt employee in Tennessee. If I am sick or out for any reason I am required to use a vacation day. Even though I may still take work phone calls and work out issues from home. This … read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
19,450 satisfied customers
I was a salary employe but i did not supervise any
I was a salary employe but i did not supervise any employees. So am I entitled to all of the overtime i did ????… read more
socrateaser
socrateaser
1,031 satisfied customers
I believe I am miss catagorized as a salaried exempt
I believe I am miss catagorized as a salaried exempt employee and have been denied overtime even though a co-worker with the same title and responsibilities was paid overtime. How do I know if I am be… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
Can employers force a certain group of salaried exempt
Can employers force a certain group of salaried exempt employees to sign one year contacts? We all have been working for many years without contracts. The worry is that the employers can simply not re… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I live in the state of IL, am a salary, exempt employee and
I live in the state of IL, am a salary, exempt employee and get paid on the 15th of each month. I gave my notice that my last day would be Monday March 20th however; due to a conflict with my manager,… read more
Ray
Ray
Lawyer
Doctoral Degree
30,914 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x