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rights concerning tips Oregon

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  • rights concerning tips Oregon

    can owners force tipped employees to tip management

  • #2
    This is definitely a new one. Can you provide an example?

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

    I am aware that tip "pooling" is a legal practice. But "pooling" tips does not specifically include management. Please see below for the DOL definition on tip "pooling":

    Tip Pooling: The requirement that an employee must retain all tips does not preclude tip splitting or pooling arrangements 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.

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    • #3
      owner has recently compelled the wait staff to create tip pool,and set % for bus,bar,kitchen,door. We submitted a plan,which he modified to include a manager who handles wine, and is tipped whether working or not.Is this legal.

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      • #4
        Based on your description, there is the potential that the new practice is legal.

        Is this manager also "pooling" tips when they are earned? If yes, it's possible that the "pooling" arrangement would meet DOL guidelines.

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        • #5
          this manager does not pool tips.

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          • #6
            I bartended and waited tables to pay for college, and there was always a tip out to the bus folks, hostesses and anyone else that worked to better my tips but wouldn't receive any of their own.

            I always thought it was an industry standard practice as it was present in all of the places I worked.
            Not everything that makes you mad, sad or uncomfortable is legally actionable.

            I am not now nor ever was an attorney.

            Any statements I make are based purely upon my personal experiences and research which may or may not be accurate in a court of law.

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            • #7
              Since the manager is not "pooling" tips, I'd agree that he shouldn't participate in the process. You may want to contact DOL to discuss.

              US DOL may be contacted at 1-866-4USWAGE during normal business hours.

              OR

              Oregon Bureau of Labor and Industry
              800 NE Oregon St., Suite 1045
              Portland 97232
              Phone: 971-673-0761
              Fax: 971-673-0762
              TTY: 971-673-0766

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              • #8
                thank you robb.

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                • #9
                  My understanding is that management employees may not be included in tip pools.
                  I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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                  • #10
                    that has always been my understanding.
                    I have always believed tips the sole property of the tipped employee,who then tips out untipped employees as is customary and fair.
                    what has happened at my job is the owner in effect giving a manager a raise using the waitstaffs tip pool.

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                    • #11
                      You can call the federal Dept. of Labor to get their take on it. I don't think management can share in a tip pool.
                      I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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                      • #12
                        I'm in agreement. Please write back and let us know what they tell you.

                        Comment

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