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I am a "bar manager" of an event that runs for 6 weeks. I…

Customer Question
Good morning! Lawyer's Assistant:...

Good morning!

Lawyer's Assistant: Hi. How can I help?

I am a "bar manager" of an event that runs for 6 weeks. I get an hourly wage and a percentage of the net profits. If I work a shift behind the bar, can I collect tips as a "bar manager"?

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?

Well, it is only for the 6 weeks of the event, I am guessing that is "at will" or "part time"

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

No maam

Submitted: 7 months ago.Category: Employment Law
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Answered in 3 hours by:
11/22/2017
Employment Lawyer: Marsha411JD, Lawyer replied 7 months ago
Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20,878
Experience: Licensed Attorney with 29 yrs. exp in Employment Law
Verified

Hello,

Thank you for the information and your question. There is no law that says that you cannot, while performing a tipped job, retain the tips you have earned. However, under the Fair Labor Standards Act, if the majority of your job consists of being a non-tipped employee, then you cannot be part of any "tip pool" that might be mandated for your tipped employees. In other words, managers cannot be a part of a forced tip pool. But, as mentioned if, while working in a bartender position you earn your own tips, no law prohibits you from retaining them.

Please feel free to ask for clarification if needed. If none is needed, then if you could reply to this answer and let me know that I covered your question and also take a moment to leave a positive rating in the ratings box on this page for answering your question, then the Site will give me credit for assisting you today. Thank you

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Employment Lawyer: Marsha411JD, Lawyer replied 6 months ago

Hello again,

I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the 22nd. 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 received neither.

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/

Thank you.

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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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