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Tips owed.

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  • Tips owed.

    Wondering what legal recourse I may have. I work in a restaurant. My employer will commonly not tip out the wait-staff. He just will tell us what we are owed. I am owed 275 dollars total from a combination of 4 days. The earliest day being May. The most recent date being a month ago. Is there anyway for me to force the subject so I get my money, or do I just have to wait till I get it. In the past I always have gotten it but having to wait three months for tip money is not acceptable in my mind.

  • #2
    hmm

    Originally posted by Server148
    Wondering what legal recourse I may have. I work in a restaurant. My employer will commonly not tip out the wait-staff. He just will tell us what we are owed. I am owed 275 dollars total from a combination of 4 days. The earliest day being May. The most recent date being a month ago. Is there anyway for me to force the subject so I get my money, or do I just have to wait till I get it. In the past I always have gotten it but having to wait three months for tip money is not acceptable in my mind.
    I would think that tip money should be paid the night you earned it,but if your boss pays you your percentage,and even tells you how much you have coming to you,he should include it in your next check. How does he decide who gets what? Is this a catering service,or do you just wait/waitress,and hand your tips to him? Sorry just trying to see how this works,I have only bartended,****tailed,and hostess and waitressed,and with all of these I always had full control of my tips and my boss never touched it lol! Thanks for the answers. If he is obligated to pay you your tips as part of your wages,I would contact your states Department of Labor,and ask them,what the proper steps are for you to get these tips. Good luck to you!!

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    • #3
      I also am confused. Are you talking about cash tips that you have to turn over to the employer, which is illegal? Or are you talking about credit card tips?
      I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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      • #4
        The tips are credit charge tips. Some nights there is not enough money in the register to tip out the floor staff their credit tips so we are told to wait.

        Not catering hall, fine dining restaurant.

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        • #5
          The employer cannot "hold" such tips. Legally, the tips must be paid to you no later than the time your regular paycheck is issued, since tips are part of your wages. I have to wonder though, why such a "fine dining establishment" wouldn't know that this is a problem and have sufficient cash on hand on a daily basis. It sounds like they're counting on cash customers to cover the credit card tips, and in such a restaurant, I doubt cash customers are very common. It's called a bank, employer.

          You can contact the state Dept. of Labor to file a claim for failure to pay wages.
          I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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          • #6
            Originally posted by Pattymd
            The employer cannot "hold" such tips. Legally, the tips must be paid to you no later than the time your regular paycheck is issued, since tips are part of your wages. I have to wonder though, why such a "fine dining establishment" wouldn't know that this is a problem and have sufficient cash on hand on a daily basis. It sounds like they're counting on cash customers to cover the credit card tips, and in such a restaurant, I doubt cash customers are very common. It's called a bank, employer.

            You can contact the state Dept. of Labor to file a claim for failure to pay wages.

            My employer does have a bank. But he will never use the bank to tip out. Cash in has to be greater then tips.

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            • #7
              lol

              Originally posted by Server148
              My employer does have a bank. But he will never use the bank to tip out. Cash in has to be greater then tips.
              I think she was being sarcastic honey!

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              • #8
                Yep. That's what the little "rolling eyes" gremlin means in internet speak. With no sarcasm, what I was saying is that, since this seems to be a common practice, the management should make sure there is enough cash on hand to pay out the credit card tips. He goes to the bank and withdraws cash to do so.
                I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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