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Can owners take tips? South Carolina

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  • Can owners take tips? South Carolina

    I work at an ice cream store that has a tip jar. At the end of our shifts, we split the tip. Lately, our boss has been taking all the silver change. I'm sure it goes without saying but that's the part that adds up. The other day, he became furious at a girl because he had stepped out of the store and she did not leave him the change. He called her to lecture her about how that belonged to him and how we treat him like chopped liver. He also stated that he wouldn't be able to go to the movies now because she didn't leave him "his change". I think it's unreal. He makes all the profits from owning the business. Is there any law that could be printed up to stop him from taking the tip? Also, is there any rule as to how many days a boss has to give you your check? Pay periods end on the 1 and 15 and we're lucky if we're paid by the 10 and 25. Thank you so much for your help.

  • #2
    http://www.dol.gov/esa/whd/regs/compliance/whdfs15.htm

    Tip Pooling: The requirement that an employee must retain all tips does not preclude a valid tip pooling or sharing arrangement among employees who customarily and regularly receive tips, such as waiters, waitresses, bellhops, counter personnel (who serve customers), busboys/girls and service bartenders. Tipped employees may not be required to share their tips with employees who have not customarily and regularly participated in tip pooling arrangements, such as dishwashers, cooks, chefs, and janitors. Only those tips that are in excess of tips used for the tip credit may be taken for a pool. Tipped employees cannot be required to contribute a greater percentage of their tips than is customary and reasonable.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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    • #3
      Maybe I'm just not smart but I have no idea what that means.

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      • #4
        Tipped employees may not be required to share their tips with employees who have not customarily and regularly participated in tip pooling
        This part means no, they may not. So does this part, which is in the same Fact Sheet DAW provided you with earlier.
        Retention of Tips: The law forbids any arrangement between the employer and the tipped employee whereby any part of the tip received becomes the property of the employer. A tip is the sole property of the tipped employee.
        You should read that fact sheet in its entirety.
        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
          Regarding receiving pay checks late.

          So. Carolina
          SECTION 41-10-20. - Applicability of chapter.
          This chapter applies to all employers in South Carolina except that Section 41-10-30 does not apply to:

          (1) employers of domestic labor in private homes.

          (2) employers employing fewer than five employees at all times during the preceding twelve months.

          SECTION 41-10-30. (A) Every employer shall notify each employee in writing at the time of hiring of the normal hours and wages agreed upon, the time and place of payment, and the deductions which will be made from the wages, including payments to insurance programs. The employer has the option of giving written notification by posting the terms conspicuously at or near the place of work. Any changes in these terms must be made in writing at least seven calendar days before they become effective. This section does not apply to wage increases.

          SECTION 41-10-40. (D) Every employer in the State shall pay all wages due at the time and place designated as required by subsection (A) of Section 41-10-30.

          Complaints can be filed with the S.C. Dept. of Labor, Licensing, and Regulation.
          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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          • #6
            While what Betty3 said is all true (you can't argue with a cut-and-paste of the law), it is probably legal for pay periods that end on the 1st and 15th (it's probably more like the EOM and the 15th or the 1st and the 16th, but that's not terribly important) to be paid on the 10th and the 25th respectively.

            I'll confirm that with my resource tonight, it's at home and I'm at work.
            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 might be right. I misread post to think OP was saying that pay days were on the 1st & 15th (not pay periods ending then).
              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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