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Do I have the right to claim my own tips.

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  • Do I have the right to claim my own tips.

    My employer claims my tips for me using my percent averages from my credit card tips and applies that to my cash tables regardless of what I actually make off those tables. So if I have a running average of 22.4% from my credit card tips that is what they claim for my total sales for me. Not only do they do that they don't deduct my tip outs so all in all they are claiming more than I make every week. Do I have the right to request that I fill out a form every week claiming my own tips?

  • #2
    Not only do you have the right to, there's actually a form for that. The employer CANNOT record more tips than you actually get, net of what you contribute to the tip pool.
    http://www.irs.gov/businesses/small/...=98401,00.html

    I know what they're trying to do (avoid doing the allocation tip calculation at year end), but if they report more than you make, not only are they overstating your income (and thus overtaxing you), but they MAY be avoiding paying a tip credit shortage if your actual tips don't make up the difference in your base hourly rate and the minimum wage (assuming you aren't getting the full minimum wage to start with).
    Last edited by Pattymd; 04-16-2008, 12:07 PM.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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