Announcement

Collapse
No announcement yet.

Manager - tipped and punching a time clock

Collapse
This topic is closed.
X
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Manager - tipped and punching a time clock

    We have a new Banquet Service Manager, that is her title. She clocks in and out getting paid $15 hr. She works along side our banquet crew and is also entitled to every tip we receive. Now we get $2.63 hr plus 17 % off the party and that is spit between the crew that is working.

    First of all it is not legal for a manager to receive a tip, but is the company getting around that issue by letting her clock in and out. I was told by the food and beverage manager, her title means nothing she is just one step about us, overseeing the dept. Dosen't that mean manager??

    Our last manager was paid this way, and she insisted she was not management, but went to all the management functions and received all the benefits of a manager.

    So instead of the company taking responsibility for paying the manager salary, our dept. seems to be picking up the slack for what a manager should be paid. Now that cannot be legal can it?

  • #2
    Read the law I linked to here:
    http://www.laborlawtalk.com/showthread.php?t=82423
    Last edited by Pattymd; 01-10-2006, 03:38 AM.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

    Comment


    • #3
      "Wait staff employees" under the new Tip Statute (c.149, sec. 152A) do not include anyone with "managerial responsibility".
      This post is by Philip Gordon, a Massachusetts employment attorney (www.gordonllp.com).

      This post is NOT legal advice. It is for general/educational information purposes only. You should not rely on this post if you are making decisions, and it does not create an attorney-client relationship. This post may be considered "advertising" under the MA professional rules for attorneys.

      Comment


      • #4
        reply to Attny Gordan

        My boss is definately receiving hourly wage and tip. She is a banquet manager and does have managerial responsibilites. What would be my next step in pursuing this. My previous boss has done the same. Since the law was changed in 2004, do we have the right to be compensated for lost wages.

        Thank you. Lisa

        Comment


        • #5
          Complaints under the "tip statute" are first made to the attorney general and then through the courts. They must be made within 3 years of the violation. A employee who prevails is entitled to recover their costs of litigation plus attorney's fees, and the employee might also get 3x their damages, too.

          Phil
          This post is by Philip Gordon, a Massachusetts employment attorney (www.gordonllp.com).

          This post is NOT legal advice. It is for general/educational information purposes only. You should not rely on this post if you are making decisions, and it does not create an attorney-client relationship. This post may be considered "advertising" under the MA professional rules for attorneys.

          Comment


          • #6
            Filing with the labor board

            OK, so do I call the labor board directly to have my company investigated first? I am wondering if I should do that before I contact a lawyer? What step should I do next?

            Thanks Lisa

            Comment


            • #7
              How you wish to proceeed is really something for you to decide.

              The attorney general can be reached at 617-727-2200.

              Depending upon the facts of your case, a private lawyer should be able to take it on a contingency fee basis - where you wouldn't owe any legal fees unless they recover money for you. Just make sure you get someone who truly understands the law in this particular area, so you don't miss out on any recovery.

              Of course, you're welcome to call us, but you can also call any of the local bar associations for a referral. There are some very good lawyers in this city.

              Phil
              This post is by Philip Gordon, a Massachusetts employment attorney (www.gordonllp.com).

              This post is NOT legal advice. It is for general/educational information purposes only. You should not rely on this post if you are making decisions, and it does not create an attorney-client relationship. This post may be considered "advertising" under the MA professional rules for attorneys.

              Comment


              • #8
                reply to Attny Gordan

                Hi I just spoke with the Attorney General's office. I was put through to the labor law dept. I was told that my banquet manager is entitled to her share of the tip, because she is working as well as managing. I thought the law state's that if you have any type of managerial responsibilities your not entitled to the tip? I almost feel like I should be calling them back and questioning it again. That does not seem right, when you read the law?

                Comment


                • #9
                  local AG office in Springfield

                  I got onto the web site for the AG, and found a number for the local office right in Springfield. Now the gentleman I spoke with told me just the opposite. He said the law does state she cannot have these responsibilites and collect tip. He wants me to come down and make a formal complaint, and a case worker would be assigned. They would require an audit. I will now talk to my co workers and see if they want to do this as a joint complaint or I will go it alone. I feel if we do it as a group it will make statement to our company. I also asked about if I would be fired, and he said if they do, I need to file another complaint as that is illegal as well.

                  So I guess if know one else is with me on this, I will probably go it alone, as I feel very strongly about this issue.

                  Once again, thank you for your help. Lisa

                  Comment


                  • #10
                    Good luck.

                    Phil
                    This post is by Philip Gordon, a Massachusetts employment attorney (www.gordonllp.com).

                    This post is NOT legal advice. It is for general/educational information purposes only. You should not rely on this post if you are making decisions, and it does not create an attorney-client relationship. This post may be considered "advertising" under the MA professional rules for attorneys.

                    Comment

                    Working...
                    X