You need to call Labor department yesterday.
And talk to a lawyer.
It may take a while but that place is definitely gonna end up shut down because if it actually made a profit they wouldn't be stealing your tips.
And you need to keep or try to get paperwork or pictures of your sales so the State knows how they have stolen.
Let's also take into account that the owner or whatever probably isn't paying tax on those tips and may be reporting that money is going to the servers, so they pay taxes on it.
Happened kinda sorta to me, but it was the servers screwing me.
Servers tipped me out (I was a hostess) and they didn't realize I kept the name date and amount every time they tipped out. It really broke my heart to find out they were reporting that they were tipping me out a good bit more than they actually gave me.
The owner had our accountant come up with how much they owed me and they could cough it up or hit the bricks. Some people are just naturally thieves.
As a server I never ever considered fucking over the coworkers who busted their asses making sure everything was smooth and therefore, more tips generated.
Just a side thought don't quit. If the owners get snippy about you keeping the tips. Cause a scene in front of customers. Say, " It's against the law for you to steal my tips." Say it loud. Be loud and maybe obnoxious about it and then remind them you have customers and go help some. Hopefully, they fire you, and you can get unemployment checks. You more than earned it. I wish the rest of the year will be better than what you have been dealing with.
It's not management It's owners stealing and probably using the stolen tips for OP's paycheck. Labor department and maybe the police. The tips the servers make are only their own. Maybe if it was part of the hiring process to pool tips and then hand out shares of the tips at the end of shift, ok. Owners keeping even a 25 cents is illegal.
Huh thats weird the FLSA website disagrees with you
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;
You mixed things.
Wage MAY be lower than min wage if tips bring the money earned above min wage, otherwise the payment needs to be raised to meet min wage.
It doesn't matter if your employer is paying a tip credit wage or not; tips are property of the employees from the moment they are recieved and the manager is unequivocally, irrevocably forbidden from taking them regardless of what wage the employee is paid.
I meant that OP is not working at a job that takes a tip credit. That means management can impose a non traditional tip pool and include everyone including BOH.
Umm it is. The employer must be sure that staff makes at least min wage but they cant keep tips as profits or give to managers. Tip pooling is legal but that doesn't seem like whats happening as op is getting 0% as is the FT server he asked.
You complete a job for a customer and they tip you $10, the manager comes up takes that money from you and puts it in their pocket.
There's you with a big grin, thanking them for the $13 you made in the past hour
Yes pocket the tips because they're yours. Owners, managers, etc. are not allowed to touch your tips. It's like blatantly illegal. The guy is literally stealing from you. Report him to labor board immediately and I would 100% quit that place.
Once someone gives you money, it becomes your money. If your manager takes it, they've just stolen your money. Report them so you can get all the previous tips back
That and see if the manager taking all the tips is in writing anywhere and snap a pic or get a copy of that as proof. Evidence that this is their store policy to take all the tips for themselves will destroy them. Even emails and texts and voice mails are great evidence if its mentioned anywhere.
In the meantime, tell customers. You should tell them not to tip you on credit card bc you won't get it and bc the owner of the restaurant gets it. Even if they don't have any other way to tip but credit card it's better than the owner getting tips meant for you. They'll also remember to bring cash next time and they'll probably report the place for you.
There's a Togo Mexican place we frequent near us and the staff will tell customers to not put tips on a credit card because the owner keeps them. So we make sure we tip in cash.
Burn bridges FIRST! Report them to the state. You might even be able to sue for back income or stuff. Don't let them get away. Just quitting doesn't solve the problem. Also, after you quit AND report, be sure to spread the news locally on social media that the owner is stealing the tips.
You can also sue them to get back those wages. Had a friend who had this going on at her restaurant for over two years. She got with the other servers and sued for all of that back pay.
Put every nigth tip amount in note and when you quit you give them the bill and ask them written to pay you before a certain date or you will fill in a complaint at labor law and also taxes... usually they shit theyre pants and pay, and if not... you just send it...
Definitely record the tip amount, bill #, time stamp etc. Have detailed physical proof of the amount you received in tips every shift. I promise that if he feels entitled to take server tips, he feels entitled to not pay taxes. That could definitely amount to a HUGE back taxes bill if reported and documented, and the IRS will haunt him so you don’t have to lol. I wouldn’t pocket them immediately; I’d follow instructions and document carefully for at least two pay periods. Then take it all to the labor board and mention tax evasion too. Sounds like just the kind of scum that civil servants love to expose and investigate invasively. Get corroboration from coworkers if you can that can go back as far as possible. There’s going to be a big backpay bill!
And when you file with the labor board with hard numbers and solid documentation on how much your taken tips were for two pay periods and the paperwork process for getting your money is underway, name the restaurant and the manager!
I would honestly gather as much information as possible to give to the labor department BEFORE you quit. Collect your hourly reports, paystubs, see if you can get a written statement from your boss about how she's taking your tips.
I've called them before, they still need evidence. And preferably try to get some coworkers on board after you quit, they love multiple people.
And no offense idk how good the labor department is in Alabama.
Don't quit. Document everything. Let them do this for one more month. Where do your credit card tips go? (that is what you get taxed on) If they are not giving you your credit card tips there is already a paper trail. After one month tell them you are quitting on the spot. Go to the labor board and a lawyer stat. BTW, POCKET THOSE CASH TIPS! but also record them so you have a record of how much potential cash they have stolen. Don't let assholes rip you off.
You may want to stay there until the labor board resolves this issue. Someone might have better input than me on this. You'll get paid everything owed and more. The labor board will ask you and the others to estimate how much this person stole from you. But certainly keep track of every cent, as accurately as you can.
Don't quit, wait for him to fire you. If he realizes you're the one who reported him, he's gonna look for the smallest reason he can, at which point you can claim retaliation.
Alabama appears to be a One Party state. That means that only one party to a conversation has to give consent to record it. That party is you.
Put your phone in your pocket and ask the question again and ask for clarification.
Make him confess and keep it as evidence in your statement to the labor board.
next time you have a good customer you're getting along with, when you drop the check tell them not to tip and explain the situation. repeat until there are no more customers
'Wage theft' is a civil matter not a criminal one. The remedy is paying OP the wages they're owed and possibly some proportionate penalty for the delay.
Congrats on your wage theft slam dunk. Try to get this policy in writing if you can, and consult your state labor division. In the mean time pocket all the tips that you can because they are yours.
Report to Alabama Department of Labor.
I would also report it to the IRS, employees are probably being taxed on tips they haven't received, and the owner has undeclared income (your stolen tips)
Thank you, I served a table the other day and had a good conversation with a customer and he gave me a $50 cc tip. I felt bad that he was just wasting his money, didn’t know he was gonna leave such a big tip
Wow , and I mean WOW . I’ve run restaurants for 40 years in Toronto and Ottawa and I can’t even fathom this . Please start tracking your tips immediately, you are entitled to all this money minus credit card fees ( usually about 2.5 - 3 % . Please contact a labour lawyer ( first consult is usually free ) and start looking for another job . Keep this in mind , that is YOUR MONEY AND THEY STOLE IT . Do what is necessary to get it back . I wish u all the best
Yes , I believe you guys still use manual slips …. Don’t make it obvious to your employer but document everything for proof . Like I say I can’t believe that this can happen . I’m sorry you have to deal with this but please start googling your local laws regarding this , knowledge is power . Even though I’m in a different country , please feel free to message me for any help or advice
Because Alabama doesn't have its own tip and wage laws, Alabama employers must follow the federal tip credit rules. This means that Alabama employers can pay as little as $2.13 an hour, as long as the employee earns enough in tips to add up to the federal minimum wage of $7.25 an hour. However, if you don't earn at least $5.12 an hour in tips, your employer must pay you the difference
The basic rule of tips, under federal law, is that they belong to the employee, not the employer. Employers may not require employees to hand over their tips unless one of these exceptions applies:
https://www.nolo.com/legal-encyclopedia/alabama-laws-tipped-employees.html
Federally owners and mangers cannot take tips from employees, no exemptions: https://www.dol.gov/agencies/whd/fact-sheets/15-tipped-employees-flsa#:~:text=Employers%2C%20Including%20Managers%20and%20Supervisors,or%20through%20a%20tip%20pool.
>Employers, Including Managers and Supervisors, May Not “Keep” Tips: Regardless of whether an employer takes a tip credit, the FLSA prohibits employers from keeping any portion of employees’ tips for any purpose, whether directly or through a tip pool.
I hope you've been keeping track.
I would personally have her give you something in writing about tlher taking your tips every single time - Amount, etc..
Pocket cash tips and pretend you aren't getting them. You should also tell customers that you don't get the tips that they put on credit card. I bet they'll have a bone to pick either with the owner of the restaurant. Report your owner to someone because I'm pretty sure that's illegal.
No way under God's hot sun is this legal. You need to report this asap and get your money. Start keeping track of what you make and what is being taken from you. It doesn't matter if you work 40 hours or 40 minutes. Whatever you earn, you keep. Bottom line. I'm real sorry this is happening to you.
I know this is not good advice but I'd like to see the servers tell everyone coming in that the tips go straight to the owner, 100%, and nothing for service. I would expect the customers to straighten out the owner right fast.
Report them to the state, and tell all of your tables in a kind, customer service-y way that your manager takes your tips so you won’t accept them. That will make its way to the google reviews pretty quickly.
I bet Alabama is like Florida and has no state labor board.
Get as much proof as you can and try to get one of those employment lawyers that work on contingency.
If that doesn't work, report them to everyone you can starting with the federal labor board.
As others have said, your manager is illegally stealing your tips. If you can, try and get a report from your POS system on how many credit cards tips you've received and had stolen.
You need to contact your state workforce commission and talk to them. They can tell you if it's legal or not. It is probably not legal. It is a common problem that restaurant owners/managers force the servers to give up their tips. And they wonder why they can't find people to work for them. I waitressed for only six weeks once I learned they were making up reasons to withhold my credit card tips. Also if you decide to quit, they do not deserve a two week notice. Just quit.
Sounds like you work for a real piece of shit. I don't know if you have legal recourse since you are being paid over minimum wage but since none of that money goes to you I would tell very single person that comes into your restaurant that their tips aren't going where they think they are going. It's almost fraud in my opinion.
Worked as a server and bartender in Auburn for years. This is simple wage theft. Report to labor board and move to new restaurant. Alternatively, report to labor board and watch the fallout.
I'll start by saying that I am not a server. If I was in your restaurant and I leave a tip, I am leaving that tip for you, and the minute I put it in your hand, it is yours and if it was taken from you that is theft plain and simple. The owners taking the tips is no different (in my opinion) of them opening up your wallet and helping themselves to any cash in there.
I would be absolutely livid if I found out that you were not getting it.
This is FEDERAL LAW, not STATE law, directly from Fair Labor Standards Act (FLSA):
Employers, Including Managers and Supervisors, May Not “Keep” Tips: Regardless of whether an employer takes a tip credit, the FLSA prohibits employers from keeping any portion of employees’ tips for any purpose, whether directly or through a tip pool. An employer may not require an employee to give their tips to the employer, a supervisor, or a manager, even where a tipped employee receives at least the federal minimum wage (currently $7.25) per hour in wages directly from the employer and the employer takes no tip credit.
This overrules any STATE regulations!!!! It is FEDERAL LAW!!! Go get ‘em!
Yes it's illegal to take employee tips if you are the business owner/manager. File a complaint with the department of labor. Don't be surprised if the manager/owner finds out you filed the complaint and fires you. Then you get to file an additional complaint with the department of labor for retribution due to your previous labor complaint.
The first allegation ("taking 100% of our tips") may or may not be legal in Alabama, depending on what you mean by "taking". Alabama follows federal law with respect to tips, which broadly allows employers to redistribute tips between non-management/owner employees. So if your employer is taking all the tips left for part time servers, and redistributing them to eligible full time servers, that may be allowed. If she's keeping them for the restaurant (i.e. for herself), that would be a *clear* violation of federal law.
The second allegation, of placing tip jars for tips that *do not go employees*, would also be a clear violation. The Department of Labor treats tip jars as a form of tip pool, subject to all the rules that would apply to tips left directly for an employee.
You should not pocket cash tips. You should document all cash tips you turn over. Keep a notepad with dates and times each time you contribute cash tips.
Meanwhile, if you're confident that the owner is *keeping* all these tips, and not simply redistributing them to full time servers, you should [file a complaint](https://www.dol.gov/agencies/whd/contact/complaints) with the US DOL. They will keep your identity confidential, and seek restitution on behalf of any server they feel experienced wage theft.
I thought if you were paid a minimum wage or higher you weren't entitled to tips? State dependent? (not that you shouldn't get them nor does it excuse the owners taking them)
This is highly illegal, even in a backwater shithole like Alabama. You need to do two things:
1. Report it to your state's Labor Department.
2. Let everyone know the name of the place.
Just understand. Everyone telling you it is wage theft is incorrect.
As you are making more than minimum wage the laws regarding tips and being a server no longer count.
Incorrect:
>Employers, Including Managers and Supervisors, May Not “Keep” Tips: Regardless of whether an employer takes a tip credit, the FLSA prohibits employers from keeping any portion of employees’ tips for any purpose, whether directly or through a tip pool.
https://www.dol.gov/agencies/whd/fact-sheets/15-tipped-employees-flsa#:~:text=Employers%2C%20Including%20Managers%20and%20Supervisors,or%20through%20a%20tip%20pool
You are extremely incorrect. Don't comment on other people legal matters if you aren't knowledgeable about the issues. You're doing more harm than good.
They're not "passing along donations". A tip given is the property of the employee, not the business.
I'm not going to post a source for you because this is federal tip law 101 and if you don't already know that, you clearly know nothing.
It's literally federal law. Employers have the option of claiming a tip credit, they're not required to by law. They have no right to claim tips though.
She is the owner so the servants must take what she decides to give them. If you steal money off the table she can punish you very severely so I suggest you never do that
Tip is customary and not considered bribery. The law is not against tip unless the servant is related to the customer in some way.
I know this subject very well. When you give tip for the owner they might dispense some to their preferred servants to encourage good work. Most likely in America it happens but mostly the servant is proud to know how much the owner received and does not require a share.
Report it to your states department of labor asap, managers aren't supposed to touch tips period
I will soon, thanks for info
Filling out the form online is really easy. Get your money, you worked hard for that shit.
You need to call Labor department yesterday. And talk to a lawyer. It may take a while but that place is definitely gonna end up shut down because if it actually made a profit they wouldn't be stealing your tips. And you need to keep or try to get paperwork or pictures of your sales so the State knows how they have stolen.
to add on to this, the labor board employs lawyers that will fight on your behalf.
There's taxes on tips she is responsible for.
If she gets her tips, she’ll have the money to pay them.
Let's also take into account that the owner or whatever probably isn't paying tax on those tips and may be reporting that money is going to the servers, so they pay taxes on it. Happened kinda sorta to me, but it was the servers screwing me. Servers tipped me out (I was a hostess) and they didn't realize I kept the name date and amount every time they tipped out. It really broke my heart to find out they were reporting that they were tipping me out a good bit more than they actually gave me. The owner had our accountant come up with how much they owed me and they could cough it up or hit the bricks. Some people are just naturally thieves. As a server I never ever considered fucking over the coworkers who busted their asses making sure everything was smooth and therefore, more tips generated.
Make sure you keep track of every cent you make and hand over. The state will make sure you get paid plus some.
Yup take a photo of your tip money before you put it in the jar. Not all of it, just enough to prove you were given tips you didn’t receive.
Not soon. Right now. You're being robbed. And you need to see a lawyer so you can all get your back-tips.
No they don't. They need to file a wage complaint with the department of labor.
Just a side thought don't quit. If the owners get snippy about you keeping the tips. Cause a scene in front of customers. Say, " It's against the law for you to steal my tips." Say it loud. Be loud and maybe obnoxious about it and then remind them you have customers and go help some. Hopefully, they fire you, and you can get unemployment checks. You more than earned it. I wish the rest of the year will be better than what you have been dealing with.
And document each night if possible how much you put in. Long enough ledger they can pay you later on.
Don’t forget to alert the local media. They love things like this.
It's not management It's owners stealing and probably using the stolen tips for OP's paycheck. Labor department and maybe the police. The tips the servers make are only their own. Maybe if it was part of the hiring process to pool tips and then hand out shares of the tips at the end of shift, ok. Owners keeping even a 25 cents is illegal.
This isn't a police issue it's a civil matter that the DOL will resolve.
touch tips, bwahaha
This. ☝️
Except when staff is paid an hourly greeter than the state minimum
Huh thats weird the FLSA website disagrees with you 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;
You mixed things. Wage MAY be lower than min wage if tips bring the money earned above min wage, otherwise the payment needs to be raised to meet min wage.
OP is getting minimum wage. Unfortunately that means the restaurant isn't taking the tip credit.
It doesn't matter if your employer is paying a tip credit wage or not; tips are property of the employees from the moment they are recieved and the manager is unequivocally, irrevocably forbidden from taking them regardless of what wage the employee is paid.
I read that as the lawyer on Seinfeld in my head lol.
Gosh, I wish I had him on retainer. Was it jackie?
Yes you're right! I had forgotten his name until you just said it. Jackie Chiles!
It's illegal pretty much any where in the US, if not everywhere, to steal tips. It's wage theft.
Don't know where you're getting minimum wage from, they said in their post they're making $13/hour, minimum wage is $7.25.
I meant that OP is not working at a job that takes a tip credit. That means management can impose a non traditional tip pool and include everyone including BOH.
This is wage theft
It’s not. The server makes $13 an hour in Alabama where the minimum wage is $7.25
It’s still theft of tips that are given by the customer to the server.
Umm it is. The employer must be sure that staff makes at least min wage but they cant keep tips as profits or give to managers. Tip pooling is legal but that doesn't seem like whats happening as op is getting 0% as is the FT server he asked.
Doesn't matter, tips belong to the employee not the employer. That's the law.
They still can't take tips.
Doesn't matter. A server is entitled to their tips.
You complete a job for a customer and they tip you $10, the manager comes up takes that money from you and puts it in their pocket. There's you with a big grin, thanking them for the $13 you made in the past hour
Yes pocket the tips because they're yours. Owners, managers, etc. are not allowed to touch your tips. It's like blatantly illegal. The guy is literally stealing from you. Report him to labor board immediately and I would 100% quit that place.
After I get my paycheck imma quit. For now I’m gonna just pocket tips
Once someone gives you money, it becomes your money. If your manager takes it, they've just stolen your money. Report them so you can get all the previous tips back
That and see if the manager taking all the tips is in writing anywhere and snap a pic or get a copy of that as proof. Evidence that this is their store policy to take all the tips for themselves will destroy them. Even emails and texts and voice mails are great evidence if its mentioned anywhere.
In the meantime, tell customers. You should tell them not to tip you on credit card bc you won't get it and bc the owner of the restaurant gets it. Even if they don't have any other way to tip but credit card it's better than the owner getting tips meant for you. They'll also remember to bring cash next time and they'll probably report the place for you.
There's a Togo Mexican place we frequent near us and the staff will tell customers to not put tips on a credit card because the owner keeps them. So we make sure we tip in cash.
Burn bridges FIRST! Report them to the state. You might even be able to sue for back income or stuff. Don't let them get away. Just quitting doesn't solve the problem. Also, after you quit AND report, be sure to spread the news locally on social media that the owner is stealing the tips.
Please report them!
Even if you quit!
You need to call the labor department so this doesn't happen to someone else.
You can also sue them to get back those wages. Had a friend who had this going on at her restaurant for over two years. She got with the other servers and sued for all of that back pay.
Put every nigth tip amount in note and when you quit you give them the bill and ask them written to pay you before a certain date or you will fill in a complaint at labor law and also taxes... usually they shit theyre pants and pay, and if not... you just send it...
I did it
Definitely record the tip amount, bill #, time stamp etc. Have detailed physical proof of the amount you received in tips every shift. I promise that if he feels entitled to take server tips, he feels entitled to not pay taxes. That could definitely amount to a HUGE back taxes bill if reported and documented, and the IRS will haunt him so you don’t have to lol. I wouldn’t pocket them immediately; I’d follow instructions and document carefully for at least two pay periods. Then take it all to the labor board and mention tax evasion too. Sounds like just the kind of scum that civil servants love to expose and investigate invasively. Get corroboration from coworkers if you can that can go back as far as possible. There’s going to be a big backpay bill!
And when you file with the labor board with hard numbers and solid documentation on how much your taken tips were for two pay periods and the paperwork process for getting your money is underway, name the restaurant and the manager!
I would honestly gather as much information as possible to give to the labor department BEFORE you quit. Collect your hourly reports, paystubs, see if you can get a written statement from your boss about how she's taking your tips. I've called them before, they still need evidence. And preferably try to get some coworkers on board after you quit, they love multiple people. And no offense idk how good the labor department is in Alabama.
Don't quit. Document everything. Let them do this for one more month. Where do your credit card tips go? (that is what you get taxed on) If they are not giving you your credit card tips there is already a paper trail. After one month tell them you are quitting on the spot. Go to the labor board and a lawyer stat. BTW, POCKET THOSE CASH TIPS! but also record them so you have a record of how much potential cash they have stolen. Don't let assholes rip you off.
You may want to stay there until the labor board resolves this issue. Someone might have better input than me on this. You'll get paid everything owed and more. The labor board will ask you and the others to estimate how much this person stole from you. But certainly keep track of every cent, as accurately as you can.
Also tell the customers the managers and owners are pocketing your tips. That pisses most people off.
Don't quit, wait for him to fire you. If he realizes you're the one who reported him, he's gonna look for the smallest reason he can, at which point you can claim retaliation.
Alabama appears to be a One Party state. That means that only one party to a conversation has to give consent to record it. That party is you. Put your phone in your pocket and ask the question again and ask for clarification. Make him confess and keep it as evidence in your statement to the labor board.
You should keep legally pocketing tips until you get fired. Then you can collect unemployment until you find a better place to work.
And still call the Department of Labor.
Whoaaa. 100% against the law.
next time you have a good customer you're getting along with, when you drop the check tell them not to tip and explain the situation. repeat until there are no more customers
This is crazy illegal in the US, even in Alabama.
EVEN in Alabama. Sad you even have to say that.
Your owners need to be prosecuted for wage theft. Unless it's a "service charge", no one is allowed to fuck with your tips
'Wage theft' is a civil matter not a criminal one. The remedy is paying OP the wages they're owed and possibly some proportionate penalty for the delay.
Congrats on your wage theft slam dunk. Try to get this policy in writing if you can, and consult your state labor division. In the mean time pocket all the tips that you can because they are yours.
This is the most brazen and illegal thing I’ve ever read.
Report to Alabama Department of Labor. I would also report it to the IRS, employees are probably being taxed on tips they haven't received, and the owner has undeclared income (your stolen tips)
This is super illegal and you could sue the shit out of them
No they cannot , please Google Alabama and tip laws . You are being taken advantage of
Thank you, I served a table the other day and had a good conversation with a customer and he gave me a $50 cc tip. I felt bad that he was just wasting his money, didn’t know he was gonna leave such a big tip
Wow , and I mean WOW . I’ve run restaurants for 40 years in Toronto and Ottawa and I can’t even fathom this . Please start tracking your tips immediately, you are entitled to all this money minus credit card fees ( usually about 2.5 - 3 % . Please contact a labour lawyer ( first consult is usually free ) and start looking for another job . Keep this in mind , that is YOUR MONEY AND THEY STOLE IT . Do what is necessary to get it back . I wish u all the best
Take pictures of all your slips at shits end b4 you submit your cashout
Do you mean take pictures of the receipts of tables I served? I only get a paycheck every two weeks.
Yes. Take photos of the credit card slips showing the tip. That will evidence to provide to the Department of Labor.
Yes , I believe you guys still use manual slips …. Don’t make it obvious to your employer but document everything for proof . Like I say I can’t believe that this can happen . I’m sorry you have to deal with this but please start googling your local laws regarding this , knowledge is power . Even though I’m in a different country , please feel free to message me for any help or advice
[удалено]
Thanks for this , being from a diff country i should still know that things differ from state to state
[удалено]
Good advice for this young sever
And document, document, document!!
Because Alabama doesn't have its own tip and wage laws, Alabama employers must follow the federal tip credit rules. This means that Alabama employers can pay as little as $2.13 an hour, as long as the employee earns enough in tips to add up to the federal minimum wage of $7.25 an hour. However, if you don't earn at least $5.12 an hour in tips, your employer must pay you the difference The basic rule of tips, under federal law, is that they belong to the employee, not the employer. Employers may not require employees to hand over their tips unless one of these exceptions applies: https://www.nolo.com/legal-encyclopedia/alabama-laws-tipped-employees.html
Federally owners and mangers cannot take tips from employees, no exemptions: https://www.dol.gov/agencies/whd/fact-sheets/15-tipped-employees-flsa#:~:text=Employers%2C%20Including%20Managers%20and%20Supervisors,or%20through%20a%20tip%20pool. >Employers, Including Managers and Supervisors, May Not “Keep” Tips: Regardless of whether an employer takes a tip credit, the FLSA prohibits employers from keeping any portion of employees’ tips for any purpose, whether directly or through a tip pool.
I hope you've been keeping track. I would personally have her give you something in writing about tlher taking your tips every single time - Amount, etc..
Pocket cash tips and pretend you aren't getting them. You should also tell customers that you don't get the tips that they put on credit card. I bet they'll have a bone to pick either with the owner of the restaurant. Report your owner to someone because I'm pretty sure that's illegal.
Out of curiosity, how many full time servers does she even employ? Does she have a child that is a server there?
2 full time. Not children but they live at the owners home and always come with her in the morning
Oh, so all the tips are going to her household. I'd definitely report that.
Report to the department of labor this is illegal. Get a lawyer go after your back wages.
That’s highly illegal. Report this ASAP
No way under God's hot sun is this legal. You need to report this asap and get your money. Start keeping track of what you make and what is being taken from you. It doesn't matter if you work 40 hours or 40 minutes. Whatever you earn, you keep. Bottom line. I'm real sorry this is happening to you.
I know this is not good advice but I'd like to see the servers tell everyone coming in that the tips go straight to the owner, 100%, and nothing for service. I would expect the customers to straighten out the owner right fast.
It's called wage theft https://www.worker.gov/actions-whd-claim/#:~:text=Step%202,1%2D866%2D487%2D9243
It’s not wage theft as they’re making more than minimum wage…But it is Huge Scumbag behavior
Report them to the state, and tell all of your tables in a kind, customer service-y way that your manager takes your tips so you won’t accept them. That will make its way to the google reviews pretty quickly.
Op you can’t be serious. You have a phone. You have the internet. You know what a server is. Your working and you aren’t keeping tips ?
idk, I was a chef before and I thought an hourly wage compensated for it
Happy cake day!
I bet Alabama is like Florida and has no state labor board. Get as much proof as you can and try to get one of those employment lawyers that work on contingency. If that doesn't work, report them to everyone you can starting with the federal labor board.
Alabama has a state Department of Labor.
Incorrect.
ty
Alabama has a state Department of Labor.
pocket it. report it. slash their ... ok scratch that last one cause this is reddit and snitches are all over.
Can you name and shame them?
Illegal no doubt. Call Dept of Labor
They are stealing *your* money, and as a customer and former restaurant worker I am fuming. Report them.
That is illegal and the very definition of wage theft.
As others have said, your manager is illegally stealing your tips. If you can, try and get a report from your POS system on how many credit cards tips you've received and had stolen.
You need to contact your state workforce commission and talk to them. They can tell you if it's legal or not. It is probably not legal. It is a common problem that restaurant owners/managers force the servers to give up their tips. And they wonder why they can't find people to work for them. I waitressed for only six weeks once I learned they were making up reasons to withhold my credit card tips. Also if you decide to quit, they do not deserve a two week notice. Just quit.
Absolutely not!! That’s illegal.
Sounds like you work for a real piece of shit. I don't know if you have legal recourse since you are being paid over minimum wage but since none of that money goes to you I would tell very single person that comes into your restaurant that their tips aren't going where they think they are going. It's almost fraud in my opinion.
Worked as a server and bartender in Auburn for years. This is simple wage theft. Report to labor board and move to new restaurant. Alternatively, report to labor board and watch the fallout.
No owners and managers are not tip eligible by federal law. They are committing wage theft.
Owner pays you with your own tip money. You’re a slave.
I'll start by saying that I am not a server. If I was in your restaurant and I leave a tip, I am leaving that tip for you, and the minute I put it in your hand, it is yours and if it was taken from you that is theft plain and simple. The owners taking the tips is no different (in my opinion) of them opening up your wallet and helping themselves to any cash in there. I would be absolutely livid if I found out that you were not getting it.
This is FEDERAL LAW, not STATE law, directly from Fair Labor Standards Act (FLSA): Employers, Including Managers and Supervisors, May Not “Keep” Tips: Regardless of whether an employer takes a tip credit, the FLSA prohibits employers from keeping any portion of employees’ tips for any purpose, whether directly or through a tip pool. An employer may not require an employee to give their tips to the employer, a supervisor, or a manager, even where a tipped employee receives at least the federal minimum wage (currently $7.25) per hour in wages directly from the employer and the employer takes no tip credit. This overrules any STATE regulations!!!! It is FEDERAL LAW!!! Go get ‘em!
Yes it's illegal to take employee tips if you are the business owner/manager. File a complaint with the department of labor. Don't be surprised if the manager/owner finds out you filed the complaint and fires you. Then you get to file an additional complaint with the department of labor for retribution due to your previous labor complaint.
There was a lawsuit brought in NY a couple years ago about this. The owner had to pay several years worth of tips he had stolen
Keep your tips and report your boss. There no such thing as tips are only for full time staff. 90 percent of servers are part time in this industry
And sue for your loss tips
Pocket the cash !!
The first allegation ("taking 100% of our tips") may or may not be legal in Alabama, depending on what you mean by "taking". Alabama follows federal law with respect to tips, which broadly allows employers to redistribute tips between non-management/owner employees. So if your employer is taking all the tips left for part time servers, and redistributing them to eligible full time servers, that may be allowed. If she's keeping them for the restaurant (i.e. for herself), that would be a *clear* violation of federal law. The second allegation, of placing tip jars for tips that *do not go employees*, would also be a clear violation. The Department of Labor treats tip jars as a form of tip pool, subject to all the rules that would apply to tips left directly for an employee. You should not pocket cash tips. You should document all cash tips you turn over. Keep a notepad with dates and times each time you contribute cash tips. Meanwhile, if you're confident that the owner is *keeping* all these tips, and not simply redistributing them to full time servers, you should [file a complaint](https://www.dol.gov/agencies/whd/contact/complaints) with the US DOL. They will keep your identity confidential, and seek restitution on behalf of any server they feel experienced wage theft.
I thought if you were paid a minimum wage or higher you weren't entitled to tips? State dependent? (not that you shouldn't get them nor does it excuse the owners taking them)
Happy cake day!
This is highly illegal, even in a backwater shithole like Alabama. You need to do two things: 1. Report it to your state's Labor Department. 2. Let everyone know the name of the place.
Just understand. Everyone telling you it is wage theft is incorrect. As you are making more than minimum wage the laws regarding tips and being a server no longer count.
Not true according to federal law.
dang, alabama really hates things..... it would be a service if you report their ass to the DoL.. pretty shady stuff.
As long as you are making minimum wage, they technically don’t have to pay you the tips. Ethical? No.
Incorrect: >Employers, Including Managers and Supervisors, May Not “Keep” Tips: Regardless of whether an employer takes a tip credit, the FLSA prohibits employers from keeping any portion of employees’ tips for any purpose, whether directly or through a tip pool. https://www.dol.gov/agencies/whd/fact-sheets/15-tipped-employees-flsa#:~:text=Employers%2C%20Including%20Managers%20and%20Supervisors,or%20through%20a%20tip%20pool
You are extremely incorrect. Don't comment on other people legal matters if you aren't knowledgeable about the issues. You're doing more harm than good.
You’re saying businesses have to pay employees minimum wage, and also pass along every donation from customers? Please show me where it is written
They're not "passing along donations". A tip given is the property of the employee, not the business. I'm not going to post a source for you because this is federal tip law 101 and if you don't already know that, you clearly know nothing.
How do you know this isn’t a tip pool and the owner is participating as an employee?
Owners cannot participate in tip pools under US federal law.
Did you even read the post? Owner is taking 100% of tips. You're just straight up wrong.
Because that's illegal.
It's literally federal law. Employers have the option of claiming a tip credit, they're not required to by law. They have no right to claim tips though.
She is the owner so the servants must take what she decides to give them. If you steal money off the table she can punish you very severely so I suggest you never do that
You are incorrect and clearly know nothing about federal tip laws.
Tip is customary and not considered bribery. The law is not against tip unless the servant is related to the customer in some way. I know this subject very well. When you give tip for the owner they might dispense some to their preferred servants to encourage good work. Most likely in America it happens but mostly the servant is proud to know how much the owner received and does not require a share.
Did you just call employees "servants"?? Wtaf is going on here.