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I am an employer who pays my employees above the minimum…

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I am an employer who...
I am an employer who pays my employees above the minimum hourly wage in my state. We also allow employees to accept tips, and distribute them to all eligible employees based on total number of hours worked.Employees in food service sometimes don't give 2 weeks notice. They just stop showing up. We do our best to avoid this, but it happens. What I want to know is: Can I have a policy that if you leave your job without a certain notice period, that you will forfeit your tips in your last pay check.Please note, my employees are not "tipped" employees, as in they already make an hourly wage that is above the minimum (we pay $12/hour).Also, can I retroactively reduce wages to the minimum ($11) if an employee leaves with no notice, as long as they know that is the deal when we hire them?I am looking for some leverage to encourage employees to give notice when leaving.
Submitted: 4 months ago.Category: Employment Law
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12/2/2017
Employment Lawyer: Infolawyer, Lawyer replied 4 months ago
Infolawyer
Infolawyer, Lawyer
Category: Employment Law
Satisfied Customers: 60,908
Experience: Licensed attorney helping employers and employees.
Verified
You cannot have such a policy. The employee needs to be paid in full through days worked all wages and tips. Otherwise you risk being sued and reported to the labor department for violation of state law and the federal fair labor standards act.
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Employment Lawyer: Infolawyer, Lawyer replied 4 months ago
Tried to expedite.Please let me know if the reply is acceptable by responding “yes” or “acceptable”
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Employment Lawyer: Infolawyer, Lawyer replied 4 months ago
Awaiting your reply, thank you!
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Employment Lawyer: Infolawyer, Lawyer replied 4 months ago
Please select the 5 star (*****) rating on your page for the answer. Happy Holidays!
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Employment Lawyer: Infolawyer, Lawyer replied 4 months ago
if I can elaborate on anything, just ask me.
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Infolawyer
Infolawyer
Infolawyer, Lawyer
Category: Employment Law
Satisfied Customers: 60,908
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