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server's tips - can they make me claim Oregon

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  • server's tips - can they make me claim Oregon

    I have started working for a new restaurant and we are required to tip out to the bussers, bar and expo a total of 3% of our sales. At the end of the night when you clock out, the system will not let us clock out unless we claim 100% of our credit card tips. I understand that legally you must claim 100% of your tips, but in previous restaurants that has been the amount of tips that you walk with. If I have only credit card tips, which is usually the case, I claim more than I walk with. Plus, those that we are tipping out are supposed to be claiming tips as well.

    It is legal for the restaurant to make me claim more tips than what I am taking home?

    If you know where I can find the legal info on this, I would appreciate it as well.

  • #2
    You must claim all your tips NET of any required tip-out. Generally speaking, do you have enough cash tips that can cover the tip-out?

    You can't be required to overstate your income.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      Originally posted by Pattymd View Post
      You must claim all your tips NET of any required tip-out. Generally speaking, do you have enough cash tips that can cover the tip-out?

      You can't be required to overstate your income.

      No, I do not have enough tips to cover the tip out. That's the thing, even with all my cash tips (which are few to nonexistant) I am still having to claim more than what I am walking with. So, in fact I am overstating my income, which I know will mess up my income at the end of the year with taxes. I'm wondering how I can get them to stop making us claim like this.

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      • #4
        Try contacting the IRS to start with. And of course, keep a reconciliation of your own at home, not on employer time or with employer resources. That way, you'll be able to support your claim 7 months from now that your W-2 is wrong.

        Does Oregon allow tip credit or do you get cash wages of the full minimum wage? I don't remember off the top of my head.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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        • #5
          Originally posted by Pattymd View Post

          Does Oregon allow tip credit or do you get cash wages of the full minimum wage? I don't remember off the top of my head.
          I'm not sure what tip credit is, so I'm assuming no. Servers are paid full minimum wage plus tips.

          Thanks for your help!

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          • #6
            You assume correctly.
            I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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            • #7
              You may use this IRS form to claim your actual net tips... not a penny more


              http://www.irs.gov/pub/irs-pdf/p1244.pdf
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