I worked a minimum wage job, but we received tips every night. Our employer would pool the tips from the whole month and distribute them to the employees, using how many weekend days the employee worked, if you worked 10 weekend days (Fri, Sat, Sun) you received 100% of your tips. I was supposed to receive my share of the tips in the first week of November 2008, and it is now the day before December.

I put in my 2 weeks notice, two weeks before the tips were due. I have checked in multiple times, and have contacted my general manager several times asking her about them, she still has no answer for me except "we are looking for them"

is there any legal action I can partake in so ensure I get my tips?


I have also yet to receive my paycheck for my last 2 weeks (the last 2 weeks of October) also....

- Katie

For tips only, I am going to cite the relevant section, but suggest that you read the entire fact sheet. I do not know the TX rules on when paychecks are due, so I will let someone else answer that question.

http://www.dol.gov/esa/whd/regs/compliance/whdfs15.pdf

Retention of Tips: The law forbids any arrangement between the employer and the tipped employee whereby any part of the tip received becomes the property of the employer. A tip is the sole property of the tipped employee. Where an employer does not strictly observe the tip credit provisions of the Act, no tip credit may be claimed and the employees are entitled to receive the full cash minimum wage, in addition to retaining tips they may\should have received.

Sec. 61.014. PAYMENT AFTER TERMINATION OF EMPLOYMENT. (a) An employer shall pay in full an employee who is discharged from employment not later than the sixth day after the date the employee is discharged.
(b) An employer shall pay in full an employee who leaves employment other than by discharge not later than the next regularly scheduled payday.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

http://www.statutes.legis.state.tx.us/ViewChapter.aspx?key=la.61