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Question on tip allocation to a cook Wisconsin

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  • Question on tip allocation to a cook Wisconsin

    I have a question about the legality of this situation.

    Dealing with a small bar/restaurant that normally has a single bartender on duty. The bartending shifts are from 6am to 1pm then 1 to 7 and then 7 to close. The bartender also cooks from opening until 11am. The general manager cooks from 11am to 3pm and another cook comes in from 3 til 9pm.

    The owner, who happens to be the general managers boyfriend, mandates that the bartender split all tips 50% 50% with the on duty cook even if the tip came from someone who didn't order any food. The cooks don't serve, ring up sales or bus tables in their normal duties.

    I would guess that 95% of sales are of non-food items. ie beer liquor....

    Another rule enforced is the bartender is responsible for shortages and overages of the til but are not able to see the Zout. Amazing but your take is more than the Zout computed by the owner, he will deduct it from pay.

    These 2 situations can't be legal and if so, what laws can I reference to rectify the problems.

    Thanks for any assistance.

    Rush
    Last edited by Rush007; 09-07-2014, 08:06 PM.

  • #2
    Tipping out to the cook is Not allowed under Federal law. See the attached guidelines for details. www.dol.gov/whd/regs/compliance/whdfs15.pdf

    If you can't resolve it internally, you can file a claim with the DOL. It is free to do so.
    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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