Employment Law

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How much does this...

How much does this service cost?

Lawyer's Assistant: It can cost anywhere from $10 to $100, depending on the type of issue and how much of the Employment Lawyer's time your question is expected to take (how complex and lengthy an answer you require).

I'm inquiring about the legalities of an employer who is claiming my tips for me instead of allowing me to do it accurately.

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Colorado

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

Full time

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I'm a manager/server which is how I was able to obtain this information.

Submitted: 10 months ago.Category: Employment Law
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Answered in 9 minutes by:
9/20/2017
Employment Lawyer: socrateaser, Lawyer replied 10 months ago
socrateaser
socrateaser, Lawyer
Category: Employment Law
Satisfied Customers: 40,149
Experience: Retired
Verified

Hello,

Colorado wage law allows for an employer to assert claim to, right of ownership in, or control over tips only if: the employer posts a printed card at least 12 inches by 15 inches in size with letters one-half inch high in a conspicuous location at the place of business. The card must contain a notice to the general public that all tips or gratuities given by the patron are not the property of the employee, but instead belong to the employer.

If the employer does not post a printed card detailing tip ownership as described above, the employer may not exert any control over cash tips designated for an employee. In which case, you would have a claim against the employer for underpaying you by miscalculating your tips.

Assuming the employer follows the law, then the tips are the employer's not yours, so the employer's inaccuracies become irrelevant. However, under such circumstances, the employer is required to pay you at least $9.30 per hour, plus 1 1/2 times that amount for overtime hours in excess of 40 per seven day workweek. Otherwise, you would have a claim against the employer for failure to pay minimum wage and overtime.

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Employment Lawyer: socrateaser, Lawyer replied 10 months ago

Hello again,

I see that you have reviewed my answer, but that you have not provided a rating. Do you need any further clarification concerning my answer, or is everything satisfactory?

If you need further clarification, concerning this matter, please feel free to ask. If not, I would greatly appreciate a positive feedback rating for my answer (click 3, 4 or 5 stars) – otherwise, Justanswer retains your entire payment, and I receive nothing for my efforts in your behalf. Note: If you cannot find the rating button on your webpage, please just type in your rating in a response to this note, and customer service will apply the rating for you.

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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).

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