employer taking tips

[kitty]

Can a Employer take and Keep for themselves hourly employees tips? I don't believe it is legal, but I can't find a specific law that states this. Can anyone point me in the right direction?

 

[army judge]

It seems to me, legal or not, it would be unethical.
I'd quit, and be seeking new employment.
That solution is easier than working for an unethical "toke" snatcher.

 

[ElleMD]

What industry how are they taking tips you earned, and for what purpose?

 

[kitty]

I am not asking for myself, I have been looking into it for a friend, but she works in the lounge of a restaurant, on the weekend has live music and is very busy.
I was very upset to learn that the owner has all the servers turn in there tips to her and she keeps them for herself.

 

[kitty]

that should have said: I am not asking for myself "oops sorry"

 

[kitty]

Employment is hard to find, and quitting is not an option for her. I thought as long as she declares and pays taxes on that income it should be as part of her wages.

 

[army judge]

Employment is hard to find, and quitting is not an option for her. I thought as long as she declares and pays taxes on that income it should be as part of her wages.

As far as I know, the law is usually silent on such practices.

Even if you find a state agency that is interested, more than likely most of those complaining will find themselves out of work.
The owner will likely replace them easily.

This is one that can't be won.

Many people would simply accept it, keep their mouth shut, and hustle whatever money they can scratch.

 

[ElleMD]

No, the manager may not claim the tips for herself. Tip pooling and service charges are different matters but your friend can not be required to turn over tips she earned to the manager. www.dol.gov/whd/regs/compliance/whdfs15.pdf