i work in a pretty popular japanese restaurant and ive only been working there about a week but i was curious because i thought that if waitress earned less than minimum wage then they got to keep all their tips. however my employer deducts 30% from everyone's tips. is this legal???
2007-05-14 02:54:50 · 5 answers · asked by Anonymous in Business & Finance ➔ Careers & Employment ➔ Food Service
It depends on what they are taking the money out for. They maybe deducting it for bar and busing staff tips if that is being done then you have to remember not to tip the bussers or bartender. If its for taxes then I find that a little odd. I always declared 10% of my sales, and checked my pay check to be certain that the right amount of taxes was being taken out. You need to ask why they are taking the money, it may not be illegal but seems excessive.
2007-05-14 03:10:56 · answer #1 · answered by Derek 3 · 0⤊ 0⤋
There might be some kind of tip sharing arrangement where that amount gets distributed to non-tipped employees like kitchen staff and busboys. That's fairly common in restaurants. Or is the deduction showing up as income tax withholding?
The law says that if the employee’s tips (that they can keep) combined with the employer’s direct wages of at least $2.13 per hour do not equal the federal minimum hourly wage, the employer must make up the difference. Many states, however, require higher direct wage amounts for tipped employees. So if your total pay (including the tips you end up with but not those the employer deducts) is less than minimum wage, that's illegal.
2007-05-14 10:32:48 · answer #2 · answered by Judy 7 · 0⤊ 0⤋
Well don't worry about that 30% they take for taxes. You will get most of it back at the end of the year. Most waiters/waitresses don't say the actual amount they made that night. They take out some money before they show the mangers. Wink Wink.
2007-05-14 10:00:24 · answer #3 · answered by dalanna218 3 · 0⤊ 1⤋
As long as your hourly rate and tips you gather is more than minimum wage, they can take as much of your tips as they want. Generally, they won't go overboard thoughas this would drive away all the best servers.
2007-05-14 10:31:46 · answer #4 · answered by Blicka 4 · 0⤊ 0⤋
30% sounds like a lot, but usually they deduct for tipsahre with bussers, cooks, bartenders and (depending on where you work) tipshare with the other waiters
2007-05-14 13:21:27 · answer #5 · answered by Anonymous · 0⤊ 0⤋