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Timely gratuity payment

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  • Timely gratuity payment

    I work for a place that puts our gratuities on our paycheck. Recently, a gratuity was not included on our check and management said that we had to wait for the next paycheck to recieve this particular gratuity. Is this legal? Can they be coerced into cutting a check as soon as their mistake is found?
    I'm in Wisconsin. thanx, Ardubya

  • #2
    I couldn't find anything at WI's DOL web site regarding tip income.

    I can tell you that WI's wage and hour laws regarding pay frequency only require employees to be paid monthly. I'm going to guess you're paid more frequently than that so if the gratuity issue is straightened out within the month, then I expect your employer is in compliance with State law. FYI - if your employer had paid everyone an incorrect amount for the gratuity (i.e. overpaid), they could have lawfully withheld the difference on the next paycheck and then I expect everyone would really have been howling. Frankly, your employer is better off waiting to make payment until they know for certain they're paying everyone the correct amount.

    If you want a more specific answer, you can give the Department of Workforce Development a call.


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