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Employeer determining tip pay out. Legal? Colorado

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  • Employeer determining tip pay out. Legal? Colorado

    I work in a bar (beer bar) where there is typically only 1-2 people working doing the same job. We both receive tips via cash & credit cards. No other employees to tip out, and we do not tip each other out.
    We receive our credit card tips via pay check, which is normal. But, we receive our cash tips weekly. We work in a bar, people lay down cash, no coins. But yet we get tipped out via the owner amounts with change, like $37.64 or $4.02. Doesn't make sense. And we do not receive our actual cash tips. I worked an opening shift and documented that I received at least $8 in cash tips (really slow time, and slow bar anyways). I received $4.24 for that time period. What happened? And how do i receive the tips that I earned without giving or taking from people on a shift that I am not working (like the closing shift)?
    Owner refuses to do a tip jar. When asked, he claims the drawer/till/register might be off/short, but when given a specific date, he says the drawer was good, maybe we lost $ from the till during the shift. But yet, why am I receiving paper bills from customers, but receiving paper & coins from the owner?
    When asked again he claims he has a formula that calculates our tips... so... we are not actually receiving the tips from the customers, but receiving tips from the owners formula. Is this legal?
    There are times when a friend comes in and tips $10-$20 cash, but yet when i receive my tip envelope on monday, that date & shift is a fraction above what my friend gave me. Even with many many other customers giving me cash tips (that has to go into the till and to the owner before he hands us our tips every Monday).
    How do we get the tips that we earned without the owner calculating the tips that he will give us?
    Is this legal?
    Last edited by BeerGuy; 08-11-2014, 02:43 PM.

  • #2
    I,m not following your post...may be me as I!me not up on tip pool issues.

    CO has its own version of tip pool law in wage claim rules. Try rule # 24 or # 30.

    Employer is entitled to take some credit for tips as part of your pay ..but bottom line must add up to at least the CO minimum wage.

    Baloney as to cash register issues.

    Owner cannot properly cut himself in on tips ....and for sure that happens some places.

    CO wage claim law has a quirky requirement that establishments must post a prominent sign if tips do NOT go directly to staff.

    it does not add up...but I,m not smart enough to sort out just where.

    Some big CO restaurants have been hit with tip pool infractions .

    Comment


    • #3
      If you are not receiving your tips, file a wage claim. 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.

      Comment


      • #4
        http://www.workplacefairness.org/wage-hour-claim-CO
        Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

        Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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        • #5
          http://www.irs.gov/publications/p531/ar02.html
          "Reality is that which, when you stop believing in it, doesn't go away".
          Philip K. **** (1928-1982)

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          • #6
            To clear some thing up...
            Example #1...
            I work a Friday afternoon, 11.30a-3p, just me, no one else working. I receive $8 in cash tips and $40 in credit card tips. All tips go into the register and get counted at the end of the night by owner on another day.
            Mondays we receive our cash tips (credit card tips are included in our pay check, which is normal and good with me, not an issue). For the shift mentioned above, I received $4.24. Not the $8 I counted. And no one uses coins in the bar, all cash tips are paper money/bills.


            Example #2...
            I work another Friday afternoon, 3-5p. Me and another bartender, no one else. We counted out cash tips to be $80 for the shift. All our cash tips go into drawer to be counted at end of night by owner on another day.
            Monday we receive our cash tips. For the shift mentioned above (#2) The other bar tender and I receive $27.63 each. That does not add up to $40 each or $80 total as we counted. And again... no one uses coins in the bar, all cash tips are paper money/bills.


            So... why am I not receiving my proper cash tips?
            Is this legal?
            Are we a tip pool? I do not tip anyone out. Bartenders working together share tips for that shift.




            Originally posted by Raster View Post
            I,m not following your post...may be me as I!me not up on tip pool issues.

            CO has its own version of tip pool law in wage claim rules. Try rule # 24 or # 30.

            Employer is entitled to take some credit for tips as part of your pay ..but bottom line must add up to at least the CO minimum wage.

            Baloney as to cash register issues.

            Owner cannot properly cut himself in on tips ....and for sure that happens some places.

            CO wage claim law has a quirky requirement that establishments must post a prominent sign if tips do NOT go directly to staff.

            it does not add up...but I,m not smart enough to sort out just where.

            Some big CO restaurants have been hit with tip pool infractions .

            Comment


            • #7
              You need to ask the owner why you are not receiving full tips. There is no way for us to know.

              Comment


              • #8
                Again, if you are not receiving your full wages, you need to file a claim with the DOL. Can't make it any clearer than that.
                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.

                Comment

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