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Hotel manager hasnt resolved problems, what next? Texas

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  • Hotel manager hasnt resolved problems, what next? Texas

    hello all, and thank you all for helping so many people!

    i have a girlfriend who works housekeeping in a very expensive and famous hotel in texas.
    theres two major problems going on, and we are wondering what to do, since several complaints to higher management have not helped.

    #1.
    the housekeeping manager has been keeping her tips. the manager literally runs into the rooms to grab the tips before the housekeepers can get there. nobody has seen a tip in 4 months.
    there have been complaints about this by at least 2 housekeepers to the hotel manager (above the manager whos taking the tips), and nothing has been done. still no tips.

    #2.
    the housekeeping is supposed to be paid $3 for every extra room they clean. the average amount of extra rooms for any 2 week pay period is approx. 20-40, depending on tourism. the problem is that she is denied a copy of her payroll (detailed list of the rooms she cleans), and only gets a pay stub. the pay stub says that she cleaned 3 rooms each pay period.

    her pay is being kept 2 different ways, and its maddening. tips and extra rooms total up to alot of money that shes not getting.

    my question is what do we do next? ive read in this forum that another hotel worker did a 'sting' operation and got fired. so we know not to do that.
    should we get a lawyer?
    should we call the media to do one of their exposes?
    should we call tx DOL?

    i thought it would be better to ask you guys here before we do anything rash.
    thanks.

  • #2
    First question, how much is she paid per hour?
    I find that the harder I work, the more luck I seem to have.
    Thomas Jefferson

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    • #3
      she gets about 7$ an hour.

      Comment


      • #4
        Federal minimum wage is $7.25/hr. It is not legally possible for the employer to pay less then that in wages and tips.

        I am going to include a pointer to the federal tip rules and suggest that your read the entire fact sheet. There are federal rules that say that tips belong to employees, but there are also some exceptions to those rules. If you read the entire fact sheet, you should have a good feel for exactly what the federal rules do and do not say.
        http://www.dol.gov/esa/whd/regs/compliance/whdfs15.htm

        As long as minimum wage and overtime rules are fully complied with, the feds likely are not interested in any additional unpaid earnings such as the $3 room rate you mention. States can and sometimes do take an interest in such things.

        ------

        Your state is not my state. I have no idea what TX rules are. Perhaps another responder wants to address those.

        I have no expertise in media related issues, and am also going to pass on the part of the question.
        "Reality is that which, when you stop believing in it, doesn't go away".
        Philip K. **** (1928-1982)

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        • #5
          ok thank you so much. i will read and study the fact sheet.

          i know that if she gets paid above minimum wage they might not be required to give them tips. but what if its just one manager whos doing it? the policy of the hotel is that they get their tips.

          another thing, what do we do about the extra rooms?

          thanks again for the help!

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          • #6
            Just to be clear, the feds mostly do not care about the two issues you just raised. The one possible area they might care about is someone other then the employee ending up with the tips. Read the fact sheet. While the employee has a right to the tips under federal law (FLSA), this right is not total, there are some exceptions. The employer is responsible for the manager taking the tips, although the employer could maybe claim that they no knowledge of this, the employee is lying, wood-elfs must be stealing the tips, .... This goes to court or administrative action, both sides gets to tell their stories and sometimes the stories are creative.

            The rest of your questions are TX law specific, meaning someone who is not me will have to address those questions.
            "Reality is that which, when you stop believing in it, doesn't go away".
            Philip K. **** (1928-1982)

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