can a employer with hold tips?

Question

my legal status

Answer 1

Legally they cannot. But if you are not a legal worker, you sort of have no choice, do you? If you squeal, you incriminate yourself as well.

Now, the law says that your tips must make up your hourly wage to at least minimum. This is why many places take the tips... any tips you receive over and above $5.15/hour are given to you. The difference between the $2.01/hr you are making as a tipped employee and the $5.15 the Feds guarantee you'll make are technically the establishments as they SHOULD be paying you $5.15/hr. If you don't make enough tips to reach $5.15/hr, the owner must supplement your pay to reach $5.15. Over and above that, it should come back to you, though.

If you are in a profession where tipping is "optional" (such as nail tech or hair salon), you should get your own tips. But if you are workign on a green card, adn the shop owner is yoru sponsor, and you would not be able to work otherwise, again, there's not a wohle lot you can do but find another salon to work in.

Answer 2

Well usually if you are a waiter or waitress then your regular salary is much lower than regular pay (2-3 dollars an hour or so) because you work off tips. Your employer does not have the right to take your tips unless it is stated in a work contract. Also if you get a night where nobody comes in to eat, and you dont meet your state minimum wage, your employer must pay you the difference by federal law. So if you're making 3 dollars an hour as a waiter, and you only get a dollar in tips that whole hour, and the minimum wage is 6.50, your employer would have to pay you 2.50 to make up for it.

Answer 3

in my opinion no he cannot withold your tips/gratuitiesif they are given to you alone, what some employers do where there are several staff is to collect them with the bill and then divide and issue them at a particular time ,eg at the end of the month.
in the uk all tips are counted as unearned income and therefore are elligible for tax. if you are a resident of the uk i suggest you contact the citizens advice, they have a solicitor which will give you your exact legal position free of charge. good luck LF

Answer 4

Legally they cannot! check your company regulations and complain to your manager's superiors with the assitance of all your colleagues together. It should be a joint effort, if you go on your own you are liable to lose your job

Answer 5

HY GAY PARTNERS DAVEEY AND STEEVIE WE WORK AS NUDE WAITERS GAY MENS BAR, ETC, AND, HAVE A PORTION OF THEM WITHELD, WE SPLIT THE DIFERENCES WITH THE BARTENDER ON DUTY AROUND 10 PERCENT ETC, THE EMPLOYER ISENT WITHOLDING THEM ITS JUST SPLIT UP BETWEN, SOME OF THE HELP, ETC,FOR INSTANCE IF YOU WORKED AS A BUS BOY IN A RESTAURANT THE SUPERVSING WAITRESS MUST SPLIT UP THE TIPS OWE AROUND 10 PERCENT ETC, IF THE SUPERVISING WAITRES ON THE FLLOR, CALS FOR IT UNUSALLY ABOUT A HALF HOUR INTO THE SHIFTS, IF SHE DONT IT GOES BACK TOO THE BUS BOY NOW IF THEY HAVE A JAM PACKED CROWD, LIKE ON A FRIDAY NIGHT THIS IS THE WAY IT GOES IF ITS POKEY AND DEAD THE WAITRESS BUS BOY DONT HALF TO ETC!!

Answer 6

no there is a big court case in ireland at the mo where a hotel chain withheld tips from staff, they are now facing a multi-million euro lawsuit cos it is classed as theft...

Answer 7

yes!