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Credit card and tip jar tips don't go to employees Texas

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  • Credit card and tip jar tips don't go to employees Texas

    I work at a family owned restaurant and have noticed that the credit card tips do not go to the employees. We also have a tip jar that is protected by a lock that requires a key to open, and those tips also do not go to employees. I don't know where the tips go, my guess is the owner just keeps the money and uses it for payroll maybe. But recently we were tipped $600 among a group of us that went on a catering, and it hurt knowing I was not going to see any of that money, as a broke part-time worker who goes to college full-time I need every dollar I can get. Is this legal for them to keep All forms of tips from employees who all nearly work minimum wage?

    Any help would be great.


    Thanks in advance

  • #2
    No. You can file a complaint with the TWC. See Retention of Tips here:
    http://www.dol.gov/whd/regs/compliance/whdfs15.htm

    Do you make the FULL minimum wage of $7.25/hr?
    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
      You need to read the following factsheet in it's entirity. I will cite the key section, but if you do not read the entire factsheet, you can be drawing bad conclusions.

      http://www.dol.gov/whd/regs/compliance/whdfs15.htm

      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. Where an employer does not strictly observe the tip credit provisions of the Act, no tip credit may be claimed and the employees are entitled to receive the full cash minimum wage, in addition to retaining tips they may\should have received.

      Service Charges: A compulsory charge for service, for example, 15 percent of the bill, is not a tip. Such charges are part of the employer's gross receipts. Where service charges are imposed and the employee receives no tips, the employer must pay the entire minimum wage and overtime required by the Act.
      "Reality is that which, when you stop believing in it, doesn't go away".
      Philip K. **** (1928-1982)

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      • #4
        Yes, $7.25 an hour

        Comment

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