our branch manager get the highest percent of the tips in our restaurant, he said that is international law!?

Answer 1

I have worked in restaurants my whole life and I have never heard of a manager taking tips, let alone taking the highest percentage of tips. I would go over her head and make sure that she is supposed to be taking tips.

Answer 2

Well, you don't say where you are. However, in the US, IRS & minimum wage and Labor Dept. rules. I don't know any international law that pre-empts US law. (There used to be something called the Geneva Conventions, but the US recently decided not to abide by them.)

In restaurants, workers have to make at least minimum wage. A lot of restaurants pay an hourly rate of about $2 or $2.50, and expect the wait staff to make up the difference with tips. As long as you are making minimum, then the restaurant is living up to its responsibility.

If you are in a chain restaurant, especially a high-end one like Chris Ruth Steak House or The Outback, or something along those lines, there might be corporate policy that dictates a tip split.

However, the Manager is just that: a manager. He gets paid a salary and benefits because of his job. If he is taking tips, he is probably "supplementing" his income at the wait staff's expense.

This is a real good situation for an attorney. Not only do you have a case, but the whole wait staff has a case. That multiplies the damages. And the corporation may be liable in addition to the Manager. BTW, look for an attorney that specializes in wage cases. The law provides that successful cases are awarded attorney fees on top of the damages, so you can probably find an attorney to take your case on a contingency. And he may be able to settle it with a strongly worded letter to the Corp.

** Note: This is a general discussion of the subject matter of your question and not legal advice. Local laws or your particular situation may change the general rules. For a specific answer to your question you should consult legal counsel with whom you can discuss all the facts of your case. **

Answer 3

Your boss is wrong to say its international law , but it is whatever the policey of the resturant concerning tips. If your making your pay just on tips alone then he shouldnt take any amount of your tips. But if hes taking your tips and giving it the the bus boys or bar backs then hes totally in his right. Its a complicated issue with tips because there are soo many variables that go into waiting tables. Are you making drinks? do you clean your own table? prep food? take all that into account.

Answer 4

I hate to say it, but he is full of crap. There is no such law. Tips are normally distributed between wait staff and kitchen staff, and a manager would get a share if he/she was part of the wait staff as well as managing.

Answer 5

contact the district manager or main office. Even an anonymous question about this policy (mentioning which store you are working at) should end this practice quickly, and you might even find yourself with a new manager.

Answer 6

Your branch manager is full of it. There is no such law that is enforceable in most countries. There is no treaty that would make such a law enforceable in the USA.