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rights concerning tips Oregon

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  • robb71
    replied
    I'm in agreement. Please write back and let us know what they tell you.

    Leave a comment:


  • Pattymd
    replied
    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.

    Leave a comment:


  • waiterx
    replied
    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.

    Leave a comment:


  • Pattymd
    replied
    My understanding is that management employees may not be included in tip pools.

    Leave a comment:


  • waiterx
    replied
    thank you robb.

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  • robb71
    replied
    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

    Leave a comment:


  • cyjeff
    replied
    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.

    Leave a comment:


  • waiterx
    replied
    this manager does not pool tips.

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  • robb71
    replied
    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.

    Leave a comment:


  • waiterx
    replied
    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.

    Leave a comment:


  • robb71
    replied
    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.

    Leave a comment:


  • waiterx
    started a topic rights concerning tips Oregon

    rights concerning tips Oregon

    can owners force tipped employees to tip management
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