I have been working at a restaurant for 2 years as an event planner. My pay was originally set up as salary plus commission. The commission was set to be 3% of the total sales in my department.

Recently, the event sales have dropped slightly since last year. Now my employer is telling me that he is going to pay me 2% commission on the sales and hold the other 1% until the end of each quarter. If I surpass my sales from last year, I will receive that 1% back. If I do not exceed last year's sales, I won't receive the commission that is being held. Please note that the customers are charged a 20% service charge to their bill under the assumption that I get 3% and the wait staff gets 17%.

Questions: First, is my boss allowed to just change my commission amount whenever he wants and without putting anything in writing? Second, is he allowed to keep these tips if I do not make the sales numbers he wants?

Employers can change comp plans at will but may not retroact policies that affect wages already earned. As for taking tips, there are laws in regard to tip pooling and it is best to consult a labor attorney. Also, as an event planner, you may NOT be exempt and could be entitled to overtime and meals and breaks. You should also talk to a lawyer in regard to this.

Having said this, however, you are neither a directly tipped employee, nor are service charges "tips" by definition. So that is a non-issue.

perhaps you mean commission? override? bonus?