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I work at a bar and we get tips. My employer is making us…

I work at a...

I work at a bar and we get tips. My employer is making us write down all of our cash and credit cards tips every night and that At the end of the week he take 10% to give to our cleaning man. I guy that come to sweep mop and clean bathrooms..on top of his pay. Is this legal

Lawyer's Assistant: Have you discussed this with a manager or HR? Or with a lawyer?

My manager disagrees with this but the owner has a "my way or no way" attitude about it.

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

Nope. No union

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

We didn't agree to thing being taken out of our checks. Nog we Not written consent

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Answered in 7 minutes by:
3/20/2018
Law Educator, Esq.
Category: Employment Law
Satisfied Customers: 125,784
Experience: 20+ Years of Employment Law Experience
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Legally, a tip is sole property of the employee. If you are not pooling tips, then the employer has no say on dividing tips with non-tipped employees. You need to file a complaint with the state department of labor regarding him mistreating tips and they will come in and not only sanction the employer but will make them repay the employees up to triple the amount they took from the employees.

So, you need to file your complaint with the Department of Labor Wage and Hour division and if the employer retaliates, then you have grounds to sue the employer for that retaliation.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

Law Educator, Esq.
Category: Employment Law
Satisfied Customers: 125,784
Experience: 20+ Years of Employment Law Experience
Verified
Law Educator, Esq. and 87 other Employment Law Specialists are ready to help you
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Customer reply replied 3 months ago
Thanks so much. I knew if was wrong and we will get a lawyer.

Thank 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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