keeping tips

[rubyrhea]

I work as a beverage cart driver at a golf course. At the end of our day we are expected to turn in all of our money, including tips, to the proshop for calculating. Days later, when we finally receive our tips, we realize that it is less than what we thought. When questioned about this, the golf pro stated that in order to keep us "honest" we only receive 25% of our tips and the rest goes into our sales. First of all, we are usually tipped at least 50% and Second, is this even legal for him to do? There is no signage posted that states that tips are property of the employer. What can I do about this? Anything?

[mlane58]

Under Colorado wage act 22: Colorado Wage Law allows for an employer to assert claim to, right of ownership in, or control over tips only if: the employer posts a printed card at least 12 inches by 15 inches in size with
letters one-half inch high in a conspicuous location at the place of business. The card must contain a notice to the general public that all tips or gratuities given by the patron are not the property of the employee, but instead belong to the employer. If you do not see a sign posted, ask and if there isn't one, file a complaint with the Colorado Department of Labor.

[rubyrhea]

Thanks so much. I will do that.

[mommyof4]

Originally Posted by mlane58

Under Colorado wage act 22: Colorado Wage Law allows for an employer to assert claim to, right of ownership in, or control over tips only if: the employer posts a printed card at least 12 inches by 15 inches in size with
letters one-half inch high in a conspicuous location at the place of business. The card must contain a notice to the general public that all tips or gratuities given by the patron are not the property of the employee, but instead belong to the employer. If you do not see a sign posted, ask and if there isn't one, file a complaint with the Colorado Department of Labor.

How do the us dol regulations figure into that? According to th us dol, a tip given to a person providing the service is the propety of that person. It cannot be taken, used, confiscated, etc. by a manager or owner, except in the case of an accepatable tip pooling policy. If it is classified as a 'service charge", then it is different than a tip.

[Pattymd]

My assumption is that is because, with such a posted statement, the customer is expected to know that such tips are NOT going to be given in total to the employee. In other words, such tips are like a variable service charge, the amount left to the discretion of the customer.

However, I'm sure the OP could call the federal DOL and find out if the Colorado law is superceded by federal. I'm thinking, however, that this would have been litigated by now, had the laws been in conflict.

mlane, thoughts?

[mommyof4]

Originally Posted by Pattymd

My assumption is that is because, with such a posted statement, the customer is expected to know that such tips are NOT going to be given in total to the employee. In other words, such tips are like a variable service charge, the amount left to the discretion of the customer.

However, I'm sure the OP could call the federal DOL and find out if the Colorado law is superceded by federal. I'm thinking, however, that this would have been litigated by now, had the laws been in conflict.

mlane, thoughts?

Thank you. The way you put it, that explanation makes sense. Still doesn't seem fair (after all, the golf pro wasn't driving backwards around the course all day delivering beer! (Can you tell that I have experience? It's how I met my husband.)) but, then again, nobody said life was fair!

[mlane58]

Originally Posted by Pattymd

My assumption is that is because, with such a posted statement, the customer is expected to know that such tips are NOT going to be given in total to the employee. In other words, such tips are like a variable service charge, the amount left to the discretion of the customer.

However, I'm sure the OP could call the federal DOL and find out if the Colorado law is superceded by federal. I'm thinking, however, that this would have been litigated by now, had the laws been in conflict.

mlane, thoughts?

Patty--I really think there is more to the OP's story then we know.
Is there tip pooling going on?

Where the OP states "we only receive 25% of our tips and the rest goes into our sales" I would like more clarification as to what she exactly is talking about. It might give us a clearer picture. If you are clear on what the OP is saying then you are having a better Monday than I

[Pattymd]

Nope, mlane, and not a better Tuesday, either.

[mommyof4]

I did have one other thougt, and maybe the original poster can clarify this for me. (Sorry to keep bugging you about this.)

How are tips added converted into sales? Surely there is a procedure for inventory tracking. So, when the inventory list adds up to substantially less than the money recieved for sales, where does the surplus money go? I know that when I was doing this, I was responsible for keeping track of how many of each item I loaded onto the cart. At the end of the day, I was responsible for unloading the leftover items (if any) and noting the amounts on the log. Once a month, I was responsible for taking a total inventory of all products and logging them into an on going inventory list in order to keep track of monthly and yearly sales.

What this sounds like to me is that the pro is skimming 75% of the tips and pocketing them. Even if she were involved in legitimate tip pooling:

1. 75% "donated" to a tip pool is outrageous by any standards.

2. Beverage cart drivers usually are not compelled to participate in tip pooling, as they do ALL of the work for the beverage cart duties alone. (That's why I agreed to work the beverage cart instead of inside dining and banquets. I made a lot more money, not to mention not having to deal with the manager with Napoleon Complex! )

3. If the course she works at serves any kind of food (even if it is just sandwiches and hot dogs at a turn shack) there is normally a food and beverage department, so why is the golf pro handling the sales from the beverage cart to begin with, unless he is also the f & b manager, too.

[rubyrhea]

We are given a log at the beginning of our shift. We count out what we put into the cart and at the end of the day, we count what we've brought back. We have the bartender check our counting both times to ensure everything is accounted for. Then, we turn our money into the pro shop. We don't have to pool our tips with anyone. The pro is supposed to total what we've brought back and that money goes into product and the rest is supposed to be our tip. The pro is the manager of the whole course, proshop, food and beverage, maitinece, etc. The only thing I can come up with as to why he is doing this is to make his product numbers look better. Thanks for all your advice, I hope this clears up some things.

[mommyof4]

Originally Posted by rubyrhea

We are given a log at the beginning of our shift. We count out what we put into the cart and at the end of the day, we count what we've brought back. We have the bartender check our counting both times to ensure everything is accounted for. Then, we turn our money into the pro shop. We don't have to pool our tips with anyone. The pro is supposed to total what we've brought back and that money goes into product and the rest is supposed to be our tip. The pro is the manager of the whole course, proshop, food and beverage, maitinece, etc. The only thing I can come up with as to why he is doing this is to make his product numbers look better. Thanks for all your advice, I hope this clears up some things.

Umm, I would contact the state dol and the us dol. I don't think he can do that.

[rubyrhea]

So, I contacted the DOL, as everyone suggusted. They came out to the course and interviewed everyone and even called the employees who weren't there to interview them and then began to initate an audit. Yet, the only thing they could do was make suggustions on how to change the policy. They said leagally they couldn't do anything because the employees are considered "seasonal" even though some of us work there during the winter months. I just wanted to give you all an update and to thank you so much for your advice. At least everyone knows now that they have been breaking the law in keeping our tips.
Thanks again,
Erin