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Areola_Granola t1_j4n7i8r wrote

Reply to comment by Last-Calligrapher293 in Shyndigz on W Cary not paying out tips. by itzaxumzn

sigh... not if they are paid minimum wage or more

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ZephyrInfernum t1_j4nlv49 wrote

Wrong! A tip, no matter your base wage, is a transaction between the tipper and the individual receiving the tip.

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Last-Calligrapher293 t1_j4nqksz wrote

Agreed, managers are not allowed tips unless clocked in as bartender/server/etc and owners are never ever allowed tips. I have been in the industry for 10 years and seen restaurants go down for this

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halfghan24 t1_j4ocgl4 wrote

Wait for real? Cause I’ve worked at multiple places where managers were included in tip pool (not doubting you it’s just uhhhh fuckin wild)

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Last-Calligrapher293 t1_j4oh91t wrote

Yes, they legally cannot collect tips while being manager. If they are part time manager, part time bartender/whatever they can when clocked in as NOT manager

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LostDefectivePearl t1_j4oec52 wrote

And I’d bet the tips they stole from you that they know it’s illegal, too

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Areola_Granola t1_j4noxmh wrote

Source, please.

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kubigjay t1_j4nu0ja wrote

Section 1, first bullet: https://www.dol.gov/agencies/whd/flsa/tips

"an employer cannot keep employees’ tips under any circumstances; managers and supervisors also may not keep tips received by employees, including through tip pools"

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ZephyrInfernum t1_j4nv52z wrote

I think we commented back at the same time. Thank you though.

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kubigjay t1_j4nvnrr wrote

Yep.

I still don't understand why you are getting down voted. Must be all the managers seeing this thread.

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ZephyrInfernum t1_j4nuf3f wrote

https://www.dol.gov/agencies/whd/flsa/tips

>In 2020 and 2021, the Department completed a series of rulemakings to update its regulations to protect tipped workers. These rulemakings addressed 2018 legislative amendments to section 3(m) and other sections of the Fair Labor Standards Act (FLSA) to expressly prohibit employers, including managers and supervisors, from keeping employees’ tips.

There's that for starters. And this:

>an employer cannot keep employees’ tips under any circumstances; managers and supervisors also may not keep tips received by employees, including through tip pools;

Do you have a source you'd like to cite for your bullshit?

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Diet_Coke t1_j4njoku wrote

I'm not a lawyer but that seems less than clear to me. Employers are allowed to take a tip credit, where they pay employees non-tipped minimum wage and then take tips up to the point where they make up the tipped/non-tipped difference. Employers are also allowed to charge a service charge on the bill and don't have to give any of that to their employees. I know in other states, employers have been sued for letting managers take tips. If I were an employee there I'd at least do some Googling and do a free legal consultation

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Last-Calligrapher293 t1_j4oiyl0 wrote

Somewhat true. Say I had a really gnarly week serving to the point I made $5/hr. Legally, my job has to pay me minimum wage. So they bump it up, tax it. On the flip side, say I made $50/hr the next week but most of it was credit card tips. Those tips would be in my next check(at most, not all restaurants) and those tips would be taxed. That helps the IRS keep track of money industry people make, that way someone can't say "oh look, I only made x amount this year, I deserve extra tax refunds."

It is highly encouraged in most restaurants because of that to also report your cash tips and not get the IRS up your booty

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revel911 t1_j4r1fst wrote

The issue is here at shyndigz there are no waiting staff anymore so just counter people making a standard hourly wage.

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Last-Calligrapher293 t1_j4r9qdx wrote

Regardless, still very very very illegal for owners to keep tips. They could take the tip option away if they truly want to, but instead the owner is lining their pockets with money intended for staff.

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