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Texas Laws For Tipping. Texas

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  • Texas Laws For Tipping. Texas

    I was recently hired at a small business in texas. I love my job, and really dont want to lose it by talking to my manager or owners about the issue I have. We have a tip jar at the fromt of our registeres, but it is not labeled "Tips". Daily, a single employee will recieve about 30$ in tips for a 5 hour shift (I counted everytime someone tipped me and how much). I found out after hiring, that every dollar of our tips goes directly to hte owners pockets. I didnt think that was fair considering they dont work. I would probably complain less if the money was going to a charity or something, but straight to the owners pockets? I do get paid minimum wage, not 2.13 an hour. IS there anything I can do?
    1
    Yes, you earned them- they should be yours.
    100.00%
    1
    No, the jar is not labeled "tips".
    0.00%
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    No. You make more than 2.13 an hour, you're be selfish.
    0.00%
    0
    IDK.
    0.00%
    0

  • #2
    Post-writing this, it seems Im not the only person with an issue similar to mine. I have to believe there is something we can do. Im in my 20's, married, and in college- and that is the same situation with 90% of the people I work with and some have children. Its not worth quitting my job over- or getting fired over. My manager also disagrees with the policy, but can not do anything for fear of losing her job, too.

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    • #3
      As long as you are making minimum wage, that is all that is required.
      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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      • #4
        No Texas laws--

        The only Texas labor law related to tipping is the definition of a "tipped employee"--that's someone who receives $20 per month or more in tips. That's not you.

        BTW, poll results here are worth less than the time it takes to compose the poll questions. As ElleMD points out, if you are paid minimum wage or more for all hours worked, the law is satisfied. Fairness is another matter.

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        • #5
          Take a hard look at the following factsheet on federal tip rules. Federal rules are valid in all 50 states. Individual states can have additional rules more favorable to employees then the federal law, but states cannot make federal law go away. So the attached rules are basically the "floor".
          http://www.dol.gov/whd/regs/compliance/whdfs15.htm

          Under federal, the owners/managers cannot take the tips, but they can use tip credits and they can have tip pools. So take a hard look at the factsheet and match up your situation to the actual rules. You might claim that the employer is paying you MW unrelated to a tip credit but it is a near certainty if the government gets involved the employer will claim that the MW payment is funded in part via a tip credit. The employer might also claim that a tip pool is involved. I am NOT saying that your employer is legally clean, but unless you have a good feel for the federal rules, maybe the situation is not a clear cut as you suggest.
          "Reality is that which, when you stop believing in it, doesn't go away".
          Philip K. **** (1928-1982)

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