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Can salaried employees take tips? Pennsylvania

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  • Can salaried employees take tips? Pennsylvania

    Hi!
    I work in a private ly owned restaurant in PA. I was wondering if it was legal for my manager to take tips.
    While I am on my lunch break which is an hour and a half when I work 11 to 8, my manager takes over as a server and waits on tables. Is she legally allowed to keep tips?
    Also on certain nights she bartends in our bar, when our dining room is empty and she is in the bar and has tables is that legal as well? I usually end up standing around at this point while she gets tips and I make minumum wage.

    Thanks!

  • #2
    Completely legal.

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    • #3
      Maybe legal. Start with the DOL factsheet on tips. It is perfectly legal to prevent you from earning tips in the first place. It is however not legal for the manager to pocket tips you earned outside a valid "tip pool". Which is unlikely for a manager to legally participate in.

      http://www.dol.gov/whd/regs/compliance/whdfs15.pdf
      "Reality is that which, when you stop believing in it, doesn't go away".
      Philip K. **** (1928-1982)

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      • #4
        However, if these are her tables and her bar patrons, they are rightfully her tips.
        I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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