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Can Employer not give his or her employee there tips if they…

Customer Question
Can Employer not give...

Can Employer not give his or her employee there tips if they make $10.00 per hour because of lost of business. Due to employee negligence

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

I live in the state of Virginia.

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

At will

Submitted: 7 months ago.Category: Employment Law
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Answered in 7 minutes by:
9/29/2017
Employment Lawyer: Marsha411JD, Lawyer replied 7 months ago
Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20,823
Experience: Licensed Attorney with 29 yrs. exp in Employment Law
Verified

Hello,

Thank you for the information and your question. No, an employer may not withhold an employee's tips. That is solely the property of the employee, it doesn't matter what the reason is. Also, under Virginia law, employers may not make wage deductions at all for shortages, errors, damages, etc., even if they had the employee's permission. You can see more about deductions from wages in Virginia by going to the following link: http://www.doli.virginia.gov/laborlaw/laborlaw.html

Please feel free to ask for clarification if needed. If none is needed, then if you could take a moment to leave a positive rating in the ratings box on this page for my efforts to provide you with the information that you asked for, then the Site will give me credit for assisting you today. Thank you

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Customer reply replied 7 months ago
What if this is tips from credit cards.
Employment Lawyer: Marsha411JD, Lawyer replied 7 months ago

It makes no difference what the source of the tip is. The law is the same. The employer can take taxes out of the tip, but that is completely different from the question you asked. In addition, under Federal law, the employer can take a tip credit under some circumstances and with notice at hiring, but only exactly as laid out at the following link: https://www.dol.gov/whd/regs/compliance/whdfs15a.pdf

If you are an employer and still have questions, I highly recommend that you consult with a local employment law firm that handles employer FLSA and State wage issues so that they can walk you through how to set this up. I cannot do so since I am not, and cannot be, your attorney, as provided for in the Site's TOS and my Bar ethics rules.

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Employment Lawyer: Marsha411JD, Lawyer replied 7 months ago

Hello again,

I wanted to touch base with you and make sure that you did not have any further follow up questions for me from the answers I provided to you on the 30th. For some reason, the Experts are not always getting replies, or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit (paid by the Site) for our work, that the customer thinks have gone through. In your case I have not received your rating.

Please keep in mind that I cannot control the law or your circumstances, and am ethically bound to provide you with accurate information based on the facts you give me, even if the news is not good. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator.Please note that Site use works best while using a computer and using either Google Chrome or Firefox.

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. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/

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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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