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My boss told me the tips get distributed, but they go all to her. Is this legal?

I'm almost 19, working at a minimum wage Wingstop which I enjoy but obviously the wage isn't sustainable. So I assumed I could depend on the tips because we get A LOT from how popular the foodplace is. 

My boss (the store owner's daughter) told me during my interview that the tips get distributed every month to every employee depending on how many hours they worked (higher hours = more tip money). 

A man had $13 in change yesterday and I asked if we were allowed to put it in the tip jar since it's such a large tip, and my co workers eyed me down saying to keep it for myself. My boss came over and said to put it in the tip jar. She walked off, and my co workers said she keeps ALL THE TIPS for herself and her family. I asked my manager (who is one less level under her) if this was true. He said he's not sure if she takes them for herself but he said it definitely does not go to the employees. 

She also told another co worker that the tips go to holiday celebrations where we can take home food and cakes,which she said has never happened in the 3 years she's worked there. Another co worker said she never asked about tips. Almost every employee says the tips go straight to her pocket. 

If she is taking all the tips,is this legal?

7 個解答

相關度
  • 3 月前

    In many US states an employer could be charged with "embezzling" if they kept a dime of any tips left for the employees. We can't guess what the law might be under your secret circumstances.

  • 3 月前

    where you are working makes a huge difference.  search the state employment commission's website for their rules and legal requirements.  ps -- i think you need to be finding another job -- this owner's daughter isn't someone you want to work for

  • 匿名
    3 月前

    I don’t know if the laws differ by state, but in NY, that’s totally illegal. Tips MUST go to employees. However they decide to split it up, it has to go to the workers. Management can’t keep it, and it can’t go to the business. I’m sure the customers would not leave tips if they knew it wasn’t for the employees. If it were me, I’d say something. It could result in you losing your job if they wanna be jerks about it. But it’s only a minimum wage job anyway. You can find another. Technically, whistleblower laws should protect you, but don’t count on the system to work in your favor. You should start by looking up the specific laws in your state regarding tips and their distribution. That way you know exactly what you are entitled to. 

    You could start by politely asking management where are your tips. After a month, say “I was told in the interview that I would get my share of tips every month. When and how will I get this money?” That will force them to tell you something. It might be the truth or it could be a lie. You could even record this conversation by keeping your phone in your pocket (make sure this is legal in your state first). Keep a log of each time you asked about tips, who you spoke to, what was said, and the date of the conversation. Save your pay stubs to prove that there were no tips on your check. 

    Since you work for a chain, you can call corporate. You could probably remain anonymous, or ask them to not reveal your name. Franchises must abide by corporate rules. I doubt corporate wants to be associated with a tip stealing scandal. They will likely want to resolve this before it goes further. 

    You could call the department of labor anonymously, and they might send a representative to speak to management and employees. If there’s a tip jar, technically that money should be taxed like the rest of your check. Your check should also have your tips on it. If they see a jar, and they speak to employees and are told that nobody has ever received tips, they will know something is up. You should also ask them what your rights are. 

  • 3 月前

    They better be paying minimum wage.  If they aren't report it.

    Legal is going to depend on the state.  Some states have pretty detailed tip rules, some don't.

  • 匿名
    3 月前

    In MY States tips can be divided as agreed upon among employees, BUT, no, one person cannot take another person's tips.

  • ?
    Lv 7
    3 月前

    Not legal.  Tips are part of your pay, and you are charged taxes based on how much the IRS thinks you should have received.  She is literally stealing money from you.

  • 匿名
    3 月前

    start documenting the tip jar ( pictures )  for the lawsuit and ask to be present when it is divided up . 

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