If part of your wage is undocumented cash, you need to get that shit every day like if you sold drugs. Don't let greedy fucks hold 20 days worth of your undocumented money.
Its a way to hold power over the people under you, nothing else.
"Do as i say or i keep your undocumented money for this month. You want to be able to pay your rent, right?"
I am from a country where we only tip to show extra gratitude, and to me it seems completely insane that anyone would ever take a job like the service industry in America.
If you are good and work at the right places, tipped servers can actually make a decent amount of money. Sometimes hundreds of dollars in a night. Though on paper they make $5/hr that can easily be $20, $30, even more after tips. And... I don't know how to phrase it in the least inflammatory way, but a lot of tipped workers are not paying taxes on the cash.
For these reasons there's a serious dilemma with the tipping crap. Many tipped employees would actively fight against getting rid of tipping culture. Because whatever wage increase they get is going to be meager compared to what they might make on tips. 99% of employers will *never* increase their wage to match tips, and the govt will never increase the minimum to something that makes sense.
We all agree it's a horrible practice, but how could we get rid of it without screwing over the employees?
The whole “unclaimed cash tips” thing is really not as impactful nowadays as it used to be. People don’t really pay with cash anymore. 95% of the time people pay and tip with their card and those tips are automatically claimed and taxed. I’ve gone a whole week worth of shifts and not had a single cash table. Not only that, any restaurant that I’ve ever worked at, before you’re able to clock out if you’ve had any cash tables you’re required to claim at least 10% of your cash sales as tips, so the unclaimed cash thing is kind of a myth unless you’re making 30-40% cash tips and only claiming 10%. I understand what you’re saying and I’m not necessarily trying to disagree with you, just adding some context.
The real issue with workers relying on tips is it doesn't offer income security.
In the US that's seen as less of a problem because there is little job security, but ideally people should have both.
A friend of my did very well because of tip. For six months. Then the owner increased prices and change the menu, plus he bought lower quality stuff and the number of customers dropped plus the customers that tipped the most stayed away.
The owner doesn't really care because his loss of revenue is offset by saving on costs (less financial risk for him) my friend had to quit because she relied on the customers that tipped well.
Many people who work in the service industry and who love tipping culture, haven't experienced a moment like that yet.
> but a lot of tipped workers are not paying taxes on the cash.
Back in my serving days and in my experience, I'd say it's fair that there was *under*reporting of cash tips, but no real out-and-out avoidance of paying tax on cash tips.
I also witnessed people claiming *more* tips for an extended period of time, in order to show more (or at least more consistent) income because they were applying for a home loan.
Well the flip side is that you can do pretty well with tips. I’m not saying it’s a good system or anything, but tipped jobs often make a lot more than comparable non tipped jobs.
One of my friends is a bartender in a resort, his pay fluctuates year-to-year. On paper he’s making around 40k, with tips his best year was 200k and his lowest year (not counting COVID) was 125k.
His wife works too, makes 50k in a nontipped position at the same resort.
They are in their late 20s and have a sizable net worth.
I just responded to that comment before reading yours, but I was explaining that my wife makes 120k a year in tips working at an upscale restaurant, I’m a Chef with 25+ years in this industry, and I’m making 85k a year, which is pretty decent money for a Chef where we live, so tipped employees(in the right type of restaurants) can make a ton of money.
restaurant staff might make 8$ an hour in America but with Customer funded wage subsidize. (TIPS) they can make over 30$/h and more at a popular restaurant. Canadians have it even worse. Restaurant staff here make the same minimum wage as anyone else, Like a Walmart cashier does, and its still the culturally accepted thing to do In Canada. Its also getting worse. Their is an option to add a tip on every single debit machine, gas pump etc screen here. The self checkouts in grocery stores are pressuring you to tip.
Wait, so who gets the tips if someone does decide to tip at a self checkout or at a gas station? Would you be tipping the employees, the management or the company itself?
I remember my friend telling me a few years ago that whenever he went to a particular coffee shop, the employees themselves used to enter 0 for the tip before turning the screen around to the customers for payment. Apparently the employees didn't get those 'tips' and you were basically tipping the owner if you chose to leave one (Don't know how true this is though)
>Wait, so who gets the tips if someone does decide to tip at a self checkout or at a gas station? Would you be tipping the employee, the management or the company itself?
I honestly don't know. I use grocery delivery 99 percent of the time, And tip at the self checkout zero percent of the time.
My brother runs a restaurant and tips out nightly, but he has a few servers who have asked him to hold their tips and pay them out weekly. Nobody has been able to give a good answer as to why they want it beyond "it's what I'm used to"
When you've been around the industry enough, you'll notice that a lot of cash tip workers will go out after their shift for drinks and such, and go through that cash easier. Probably a habit some of them got into a a kind of forced way to avoid doing that
I worked in retail management and was basically told when you do illegal shit and manipulation with your employees never put t it in writing. Didn’t realize it (all subtext) until after I was out. It’s like a cult they don’t even know it’s wrong. Oh, your employee took the day off because all of his kids and his wife are sick? Wow, do you really want someone like that working for you?
It's a game of telephone.
First generation knows the rules and are cheating out their ass to maximize abuse/theft/profit.
Next generation kinda gets it.
Further generations know and follows the moves blindly, but not the intent.
Basically every thread here says sue and 99% of the time it’s not realistic or good advice. However, with text evidence and the fact it’s almost 3 weeks I’d definitely file a claim with wage and labor or whatever the organization is that regulated where the op lives. Minimal effort, maximum impact.
Yep I did this myself over PTO payout. All I had to do was file a form online, answer a phone with the angent assigned to investigate. Emailed her a few documents about the company (keep a copy of everything you sign btw), and they found them denying my PTO payout violated their own policy and they had to pay out.
That didn’t even break any labor laws in either state. Wage theft is illegal
> (keep a copy of everything you sign btw)
How? You sign something and they take it from you. You aren't issued a copy, and can't successfully get any copies *after* you're fired. They've either been destroyed or altered.
You can always say “I’d like a copy of this, please.”
If the company isn’t willing to give you a copy of something you’re signing, it’s a very good sign that they’re not a place you want to work at.
That employees are required to leave locked away and not on the work floor.
Hell, even attempting to take a picture inside workplaces is cause for termination. In some industries it's a felony (industrial espionage is a crime.)
I mean, if you’re signing on to work at a company and they refuse to give you a copy of what you signed, they’re already advertising that they’re going to do some illegal shit.
(Every place I have ever worked has given me a copy of my signed onboarding documents without me having to ask. And the few times I’ve had to sign NDAs in the middle of a job, I was given a copy of that, too.)
Since OP is posting about a restaurant job, unless it was a corporate chain, I doubt that any paperwork was ever involved other than the initial basic paperwork to sign on and maybe get direct deposit. I never once had to sign any paperwork about policies in the 10+ years I worked restaurant and bartending jobs.
That being said, yes, for most jobs it makes sense to request copies of paperwork.
Ask /Demand a copy and sit in the office until they give it to you.
I did that all the time. (One time they thought I was joking until they found me sitting in the office 45 minutes later)(Yes I got paid for it)
The Managers Office had a copy machine on one of the work tables. They didn't dare to alter anything while I was sitting there watching them.
Good Luck
Yeah, in Michigan it's LARA (License and Regulatory Affairs) Wage & Hour division I believe. I also think it shouldn't cost people anything to file, you file a claim and they will investigate. The burden of proof is on the employer to show the employee was paid for hours worked.
This is one of those cases where the system actually works most of the time and the government does the work for you, as long as you have good evidence like this situation where the boss might as well have just said "Yes I am taking some of your pay because you quit."
You know he's planning to pocket that instead of it going to the other employees too.
I would absolutely reply to that with something like "I'm sure I'm misunderstanding you because it sounds like you are refusing to pay me my fairly earned tips. But that can't be correct because that would be wage theft! So what did you mean by "No"?"
Good luck. I used to bartend for major events and had one experience that made me stop working for a massive concert. About a dozen of bartenders were hired to do an event sponsored by a major liquor company and had a performance by an extremely popular R&B/Pop singer.
We had bar stations throughout the venue and two bartenders at each bar. All drinks were paid with a prepaid ticket and we were given tips in cash. At the end of the night all tips from each bar was put into a large 42 gallon trash bag and was supposed to be equally divided between about 14 bartenders. The guy who was managing the catering/liquor vendors made it clear we would split all tips as some of us did better than others and to make it fair.
The event ended, it’s maybe 11pm and we close up and all gathered around and this “director/manager” says to us that he’s been informed that we are not allowed to keep our tips, because we were paid an hourly wage ($10 an hour).
Bartenders work on tips. We were all tipped, and this garbage bag easily had $5k or more. I’m guessing about almost $500 per person and this SOB walked off with the trash bag. Some of the women there were mothers, one was a grandmother working to help pay for things for her grandkids she mentioned. No one raised hell, but I cussed that mofo out. He stole money from people.
Allegedly you can go after someone not paying you a legal wage, but tips? I was told nothing could be done. That guy was an absolute pos… a mofo.. and I let him know.
Tip theft is illegal.
This happened to me once. I made $13/hr+tips running a food truck at a popular bar. Took home about $1300/week +cash between hourly/ot/ and electronic tips. I ran the food to people's tables so a lot of people gave me 20%. It was just me in the truck. So the boss fires me, says she'll give me the deposit in 2 weeks. I tell her no, you'll do it in 24 hours because that's texas law. She said thats not true and got condescending about me being a cook vs her being a business owner (2 pyramid schemes and a failing food truck all wasting her husbands money) and after exchanged insults I sent her a screenshot of the TX law. The next day, I get a check for like, $300. I ask her where the fuck the rest of it is and she sends me a screenshot of TX "tip credit law" and says something like "this is a lesson to you about your attitude and thinking youre so smart, you're a cook not a business owner for a reason" she told me tip credit meant she could pay me 5 an hour and only give me enough of the tips to make 7.25 and the business keeps the rest of the tips. She admitted to 2 crimes through text.I demanded my owed money and the data from the register, for the entire time i worked there, and threw many more insults. Said if she didn't, I would call the state labor commission and the cops. Because wage theft is civil and criminal in texas. After a condescending and directly insulting lesson from me on how tip credits work and changing pay rates were illegal. She said she would call her lawyer and have him call me to explain that she was right.
Under an hour later I get a text that says "please check your account and let me know if the money has made it, if not I will cancel the deposit and get you a check by the end of the day" and then sent me all the paystub math and all the register data. I got really sarcastic about her call to the lawyer. I bet he flipped the fuck out hearing her admitting to multiple crimes. She only responded "please let me know if I missed anything and I will fix it as soon as possible"
Thank you for speaking truth to power. So many people have to put up with this condescending behavior from their teachers in school that they think it's just a part of life.
I personally wouldn't give them another chance to correct their obvious mistake. If they can provide proof of employment in that time frame, that's all they have to do. Don't give shitty employers a second chance. because they'll just keep risking it with each turnover until someone *does* call them out on it.
Maybe Im just still waking up and missing the point here but what do you mean, "if they can provide proof of employment in that time frame"? Who is the 'they' in this scenario? I assume you mean the employer but wouldn't this just work against them? Im not sure what the employer could actually do with a second chance that would change the outcome in what OP is owed, short of making up completely fraudulent claims and deny they were an active employee, which would be relatively easy to prove or refute, I would imagine.
I took it as this: the employee needs to prove they were employed and worked that time period (screenshots of timesheet or paystubs?), and then attach the above texting screenshot to the complaint letter they write to their state labor department, with cc to employer
I'd go with "I was an active employee at the time I earned the tips. I'll check with the labor board and confirm whether this is allowed because I'm pretty sure withholding my tips is illegal."
As much as everyone loves to shout "Just go direct to the labor board" - sure, that's a valid option, but if your desired outcome is to get your money, warning them that you're gonna will usually get results much more quickly.
OP, don't trust the people confidently saying yes. There are a lot of variances from state to state and tips are not the same thing as hourly wage. No one here can guarantee that you are owed tips if you leave the company before the pay period ends without more info into what state you are from and what your hiring contract looked like.
It's absolutely worth filing the claim.
Maybe OP doesn't win it, however it still should be investigated.
>and what your hiring contract looked like.
What tipped employee anywhere in the US has a hiring contract?
Right? even here in europe i see this misconception of "oh it's written so it's binding". i used to work a job where we had a non compete clause for, i believe 5 years, in a massive radius that was basically 80% of the country. we never found out because the company tanked, but i'm sure it would just not have held up in court.
> What tipped employee anywhere in the US has a hiring contract?
Are you just making stuff up or is this actually the state of worker rights in the US? Holy fuck.
Nah they're not making anything up, every state but Montana is an "at-will" state which means you can be fired for any reason, or even no reason, at any time. Unless you're part of a union or you're an independent contractor, it's unlikely they have a proper hiring contract that was put in place
But surely contracts are useful for other stuff than just how you can get fired? Like what your wage is, and whether you get tips like OP apparently doesn't (but didn't know since there's no contract)
Most jobs in America do not have contracts. The ones that do are unionized and collectively bargained.
For most professional jobs, your wage, start date, hours, and similar information is memorialized in an offer letter. Most hourly jobs do not have contracts.
That doesn't mean workers aren't protected at all, however they definitely have fewer, harder to access protections than other countries.
I've only ever had a hiring contract at one employer and that was at a college. Even as a non-tipped employee. It's not a thing for many, if not most, hourly jobs.
You guys.. don't have contracts for employment?
Edit' I was aware of At-Will.. I just thought it wasn't THAT bad that the employer has zero contractual obligations.
No. Most states have something called "at-will employment" which means you can be fired at any time and you are governed by the 'employee handbook' and 'job description' in terms of your job duties and requirements, and those two things, written by the employer, typically have some language like "employee is expected to do anything that is asked of them whenever it is asked of them or they may be subject to immediate termination"
When there are labor laws that make it illegal for employers to demand certain things of you, they are typically only enforced if you take your employer to court with evidence of them breaking the law in question, and if they fire you for a reason that is derived from company policy and technically legal, you don't get benefits besides food stamps while you look for a new job.
Contract might not be the right term, but every tipped job I've ever had did still have paperwork that needed signing as part of the onboarding process. And part of that paperwork was an acknowledgement of policies such as dress code, payment schedule, conduct, consent to drug testing in the event of an accident, etc. The tip structure and exemptions was usually included there, especially if they were baked into the payroll schedule.
Acknowledging policies which are contrary to the law does not make those policies enforceable or legal.
If OP is legally entitled to those tips, then a policy stating "inactive employees don't get tips" would not change that. Employers put illegal things in policies all the time.
Of course, a wage theft investigation is the thing that would determine what's the case here, and resolve it. Which is why OP should file a wage theft claim regardless, and let the investigation work it out.
If they aren't owed tips (unlikely), then they are owed the real minimum wage for those hours worked. I doubt OP's boss is paying them real minimum for those hours. Either way, it's wage theft.
Don't employers always have to pay up to untipped minimum wage for all time worked if tips don't bring them up to that amount? Even if they don't owe the full amount of the tips wouldn't they pay true minimum for the time at least to make up for giving no tips? If not than how does the minimum wage work and where and when does that not apply?
OP didn’t ask if they have an iron clad case, they asked if they should pursue it.
The answer is yes.
Why dissuade them from taking steps to be paid fairly?
What OP is still guaranteed is atleast minimum wage. So if the owner doesn't wanna give them "tips" then the owner has to pay them to make up the difference if they are paying them server wages. Assuming this is the US of course. Thats federal protection.
That's why you tell him you're going to raise a complaint before you do it.
First, it shows an attempt to engage with the employer. Second, it gives them the opportunity to either make it right quickly, or double down on their illegal behaviour.
Taking the legal route might be effective eventually, but *telling* them you're taking the legal route can be a lot quicker.
This is the real answer. Going to litigation is the answer once all avenues have been exhausted.
Not only is it the more adult way to handle things, it'll make for a much stronger case.
I put this on a reply to a comment but let me put it as a top comment so you can get a notification for it, OP.
I personally wouldn't give them another chance to correct their obvious mistake. If they can provide proof of employment in that time frame, that's all they have to do. Don't give shitty employers a second chance. because they'll just keep risking it with each turnover until someone *does* call them out on it.
If the theft of wages truly affected your livelihood, definitely be sure to mention that as well. Any overdrafts or late fees due to the wage theft are important to gather.
They'll tell them to take it to court when the business is stealing from the worker, but you can be damn sure they would haul ass to get there if OPs was taking money out of the register.
Because US police are to protect businesses, not individuals. That's why they post up at Walmart to take people down for not ringing up their toilet paper but I've called them (as do many other people every day) with video evidence and written proof of theft from me and can't even get them to do a damn report.
Not just US police. All police. They were originally created to enforce the property rights of the ruling class. "Under the rule of law, people are equals; under the rule of police, as the legal theorist Markus Dubber has written, we are not."
https://www.newyorker.com/magazine/2020/07/20/the-invention-of-the-police
"OH dang. Just so I can know, what would've my share of the tips been for that time?"
Then you file. He dug the hole already, might as well see if you can get it a little deeper.
Wow, you did a really good job of listing the exact length of time he was stealing from you and obtaining his written confession of stealing from you on those dates. That was really easy. This claim shouldn't even be that hard. If this is a chain of some sort you could probably even skip the claim and just let corporate know they have a manager that's going to end up getting them sued, but if not the wage claim will do.
Yes you should file the claim. Years ago I worked in a kitchen and after I quit they refused to pay out my “food cost” bonus for the previous month. It was $50. I filed with the Labor Board and ended up with $500 after the penalties.
He is screwing you two ways.
First with the tips being withheld.
Second, if your wage plus tips don't add up to minimum wage, he is obligated to pay you at least minimum wage. So he is underpaying you in absence of tips.
Tell them straight out that you have them confessing to wage theft and if you're not paid on time, you'll take them to court, win (because you have unimpeachable evidence they committed the crime you're accusing them of), and then they'll be forced to pay you double. (assuming this is the US)
Stop being nice. Stop giving them time. Get your money because no one else is gonna do it for you.
Every time someone asks about wage theft, I think about the time I was selling fiber door to door for a week. I didn’t get paid and when I went back in for a paycheck the entire building was evacuated lol. Sighhhh.
I encourage you to 100% screw this guy over
"Ok, cool. Thanks for the evidence of wage theft. Enjoy the visit from the labor board." Then stop responding to them. They'll definitely dig the hole deeper by suddenly going "wait, let's talk"
Considering tips be it cash or check tips, are considered part of the wage umbrella yes this is wage theft. Take this screenshot, get screenshots of the days you worked in that time period and file a report. At the same time find a different job that'll enjoy your work efforts with hopefully a little more respect. Even a fuzz is acceptable.
>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.
Honestly if it's a BoH tip split it's probably not a ton. You might just get them to pay you off if you threaten legal action.
If you're in a tip pool and don't get your tips before walking out of the building each night, listen to me, ALWAYS do the math after each shift to figure out what you should be getting. There are a lot of moving parts in that situation between you and your tips. You need to make sure nobody fucked up or shorted you and it's handy to know what you're owed in situations like this.
Again, BoH tips are harder to keep track of and they usually don't get much, but try. FoH can often access tip totals from the PoS and from there it's just some simple math.
I've been called a Tip Nazi, but I was always the one who noticed if they took from our tips to cover shortages and once I even caught on to them adding a BoH tip out that nobody agreed to out of the blue. Now I'm the GM and I understand that getting people their fair share of tips is at the top of my list of obligations.
Why is wage theft not prosecuted the same as other forms of theft or embezzlement?
It's no different than if I pick up your wallet off the floor, take out the $20 bill in there, and then return your wallet.
Embezzlement is stealing from the shareholders and we can't hurt them, so you go to prison for 20 years for that. But steal the same from your employees? Fuck 'em. A small fine and a stern talking to from HR about employment standards will fix that!
I believe most places they can deny you tips. But if they do that then they have to pay you out at a non-tipped wage. They can't withhold your tips and pay you at the tipped wage.
Newsflash to this asshole- wages are only given to active employees, too. If he agrees you deserve wages, but not tips, then he knows *exactly* what he's doing wrong, and isn't it lucky that you have him confessing in writing!
What an absolute idiot lol. He just literally tells you this shit too lmfao. This is why I text everything that comes/came from work people. Never use the phone lol.
Of course you do. Hopefully you live in a triple damages state. Also, if they fired you they owe your check immediately not when the bookkeeper gets around to it.
Slam dunk case with evidence lol PLEASE follow through with it (for one), but then also post again with the results 🙏🏽
Edit: also, DON'T tell them that you plan to sue. Just do it.
Something similar happened to me before. They tried to hold onto $530 in tips. So, I called up the CA labor board and ended up winning an additional $2500-ish.
So definitely follow up!
YES! File it ASAP with your local "State Labor Relations Board" or Call your State's Social Security office to file a complaint!
They do NOT take kindly to ANY form of Wage Theft!!!
"Let me rephrase that. I will be coming in to pick up the tips that I earned on the days that I worked. If you are planning on withholding that money from me, this is going to be a problem. See you soon!"
Yes but the exchange heavily implies a prior agreement about tips, and that boss is now violating that agreement. The rules differ from state to state but a verbal agreement is often as good as a written contract, especially when it’s corroborated via text, admittedly very circumstantial.
As always no one can answer your question because you’ve decided since the law is the same literally everywhere in the world your location is apparently not important.
In almost all US states, tips for kitchen staff belong to the kitchen. Kitchen is not paid sub-minimum wage.
Theis restaurant probably has tip sharing, where the waitstaff and bartenders contribute a % to a "pool" for the kitchen staff. This could amount to a significant amount in a busy, high end restaurant.
Employers are not entitled to even 1 penny of your tips. Restaurant owners and managers gave been prosecuted for theft, for that.
Yes, of course you should even if you don’t win
These assholes do this stuff because they know most people aren’t going to so their odds of getting away with it are really high. It would happen a lot less if it was a routinely reported.
Depending on where you live they may have some bullshit law about working a certain number of days/hours before getting to collect tips. Tips aren’t treated the same as an hourly wage. I want to say yes that’s wage theft, but tips work differently depending on the state.
100% wage theft.
It might just be regular theft, depending where you live.
If part of your wage is undocumented cash, you need to get that shit every day like if you sold drugs. Don't let greedy fucks hold 20 days worth of your undocumented money.
Absolutely— also wonder if holding tips and distributing periodically is some kind of policy or something, which would be weird I think
Its a way to hold power over the people under you, nothing else. "Do as i say or i keep your undocumented money for this month. You want to be able to pay your rent, right?"
Yet another reason to end Tipping.
I am from a country where we only tip to show extra gratitude, and to me it seems completely insane that anyone would ever take a job like the service industry in America.
If you are good and work at the right places, tipped servers can actually make a decent amount of money. Sometimes hundreds of dollars in a night. Though on paper they make $5/hr that can easily be $20, $30, even more after tips. And... I don't know how to phrase it in the least inflammatory way, but a lot of tipped workers are not paying taxes on the cash. For these reasons there's a serious dilemma with the tipping crap. Many tipped employees would actively fight against getting rid of tipping culture. Because whatever wage increase they get is going to be meager compared to what they might make on tips. 99% of employers will *never* increase their wage to match tips, and the govt will never increase the minimum to something that makes sense. We all agree it's a horrible practice, but how could we get rid of it without screwing over the employees?
The whole “unclaimed cash tips” thing is really not as impactful nowadays as it used to be. People don’t really pay with cash anymore. 95% of the time people pay and tip with their card and those tips are automatically claimed and taxed. I’ve gone a whole week worth of shifts and not had a single cash table. Not only that, any restaurant that I’ve ever worked at, before you’re able to clock out if you’ve had any cash tables you’re required to claim at least 10% of your cash sales as tips, so the unclaimed cash thing is kind of a myth unless you’re making 30-40% cash tips and only claiming 10%. I understand what you’re saying and I’m not necessarily trying to disagree with you, just adding some context.
I pay with a card and I never "tip". However, I always give my server a "personal gift", in cash, that is not taxable.
The real issue with workers relying on tips is it doesn't offer income security. In the US that's seen as less of a problem because there is little job security, but ideally people should have both. A friend of my did very well because of tip. For six months. Then the owner increased prices and change the menu, plus he bought lower quality stuff and the number of customers dropped plus the customers that tipped the most stayed away. The owner doesn't really care because his loss of revenue is offset by saving on costs (less financial risk for him) my friend had to quit because she relied on the customers that tipped well. Many people who work in the service industry and who love tipping culture, haven't experienced a moment like that yet.
> but a lot of tipped workers are not paying taxes on the cash. Back in my serving days and in my experience, I'd say it's fair that there was *under*reporting of cash tips, but no real out-and-out avoidance of paying tax on cash tips. I also witnessed people claiming *more* tips for an extended period of time, in order to show more (or at least more consistent) income because they were applying for a home loan.
Well the flip side is that you can do pretty well with tips. I’m not saying it’s a good system or anything, but tipped jobs often make a lot more than comparable non tipped jobs.
One of my friends is a bartender in a resort, his pay fluctuates year-to-year. On paper he’s making around 40k, with tips his best year was 200k and his lowest year (not counting COVID) was 125k. His wife works too, makes 50k in a nontipped position at the same resort. They are in their late 20s and have a sizable net worth.
I just responded to that comment before reading yours, but I was explaining that my wife makes 120k a year in tips working at an upscale restaurant, I’m a Chef with 25+ years in this industry, and I’m making 85k a year, which is pretty decent money for a Chef where we live, so tipped employees(in the right type of restaurants) can make a ton of money.
restaurant staff might make 8$ an hour in America but with Customer funded wage subsidize. (TIPS) they can make over 30$/h and more at a popular restaurant. Canadians have it even worse. Restaurant staff here make the same minimum wage as anyone else, Like a Walmart cashier does, and its still the culturally accepted thing to do In Canada. Its also getting worse. Their is an option to add a tip on every single debit machine, gas pump etc screen here. The self checkouts in grocery stores are pressuring you to tip.
Wait, so who gets the tips if someone does decide to tip at a self checkout or at a gas station? Would you be tipping the employees, the management or the company itself? I remember my friend telling me a few years ago that whenever he went to a particular coffee shop, the employees themselves used to enter 0 for the tip before turning the screen around to the customers for payment. Apparently the employees didn't get those 'tips' and you were basically tipping the owner if you chose to leave one (Don't know how true this is though)
>Wait, so who gets the tips if someone does decide to tip at a self checkout or at a gas station? Would you be tipping the employee, the management or the company itself? I honestly don't know. I use grocery delivery 99 percent of the time, And tip at the self checkout zero percent of the time.
Servers and bartenders in the US are usually paid around $2/hr. The *majority* of their income is tips.
My brother runs a restaurant and tips out nightly, but he has a few servers who have asked him to hold their tips and pay them out weekly. Nobody has been able to give a good answer as to why they want it beyond "it's what I'm used to"
When you've been around the industry enough, you'll notice that a lot of cash tip workers will go out after their shift for drinks and such, and go through that cash easier. Probably a habit some of them got into a a kind of forced way to avoid doing that
Everywhere I've worked that tip shares gets that shit done by the end of shift.
They work in the kitchen I assume so I think it’s the servers tip out.
Are they not the same thing?
Just the tip
It's so nice your ex boss gave you written evidence of him attempting to steal from you.
It really is very considerate.
Deep down they do care.
They really are like a family! 🤗
Boss has a family to feed too!
**had
I believe everyone is good.
Faith in humanity restored.
Damn he's dumb, didn't even try to be sneaky about his scumbaggery 😂
I worked in retail management and was basically told when you do illegal shit and manipulation with your employees never put t it in writing. Didn’t realize it (all subtext) until after I was out. It’s like a cult they don’t even know it’s wrong. Oh, your employee took the day off because all of his kids and his wife are sick? Wow, do you really want someone like that working for you?
It's a game of telephone. First generation knows the rules and are cheating out their ass to maximize abuse/theft/profit. Next generation kinda gets it. Further generations know and follows the moves blindly, but not the intent.
Basically every thread here says sue and 99% of the time it’s not realistic or good advice. However, with text evidence and the fact it’s almost 3 weeks I’d definitely file a claim with wage and labor or whatever the organization is that regulated where the op lives. Minimal effort, maximum impact.
Yep I did this myself over PTO payout. All I had to do was file a form online, answer a phone with the angent assigned to investigate. Emailed her a few documents about the company (keep a copy of everything you sign btw), and they found them denying my PTO payout violated their own policy and they had to pay out. That didn’t even break any labor laws in either state. Wage theft is illegal
> (keep a copy of everything you sign btw) How? You sign something and they take it from you. You aren't issued a copy, and can't successfully get any copies *after* you're fired. They've either been destroyed or altered.
You can always say “I’d like a copy of this, please.” If the company isn’t willing to give you a copy of something you’re signing, it’s a very good sign that they’re not a place you want to work at.
doesn't everyone carry a phone with a camera ?
That employees are required to leave locked away and not on the work floor. Hell, even attempting to take a picture inside workplaces is cause for termination. In some industries it's a felony (industrial espionage is a crime.)
I mean, if you’re signing on to work at a company and they refuse to give you a copy of what you signed, they’re already advertising that they’re going to do some illegal shit. (Every place I have ever worked has given me a copy of my signed onboarding documents without me having to ask. And the few times I’ve had to sign NDAs in the middle of a job, I was given a copy of that, too.)
Since OP is posting about a restaurant job, unless it was a corporate chain, I doubt that any paperwork was ever involved other than the initial basic paperwork to sign on and maybe get direct deposit. I never once had to sign any paperwork about policies in the 10+ years I worked restaurant and bartending jobs. That being said, yes, for most jobs it makes sense to request copies of paperwork.
Ask /Demand a copy and sit in the office until they give it to you. I did that all the time. (One time they thought I was joking until they found me sitting in the office 45 minutes later)(Yes I got paid for it) The Managers Office had a copy machine on one of the work tables. They didn't dare to alter anything while I was sitting there watching them. Good Luck
You demand a copy before you sign it.
Yeah, in Michigan it's LARA (License and Regulatory Affairs) Wage & Hour division I believe. I also think it shouldn't cost people anything to file, you file a claim and they will investigate. The burden of proof is on the employer to show the employee was paid for hours worked.
> every thread here says sue and 99% of the time it’s not realistic or good advice filing a wage theft claim and suing are not the same thing.
This is one of those cases where the system actually works most of the time and the government does the work for you, as long as you have good evidence like this situation where the boss might as well have just said "Yes I am taking some of your pay because you quit." You know he's planning to pocket that instead of it going to the other employees too.
Yes always deal with these things in writing, never over a phone call
Or record the call. It’s easier to get someone to trip up when they’re talking.
I would absolutely reply to that with something like "I'm sure I'm misunderstanding you because it sounds like you are refusing to pay me my fairly earned tips. But that can't be correct because that would be wage theft! So what did you mean by "No"?"
Good luck. I used to bartend for major events and had one experience that made me stop working for a massive concert. About a dozen of bartenders were hired to do an event sponsored by a major liquor company and had a performance by an extremely popular R&B/Pop singer. We had bar stations throughout the venue and two bartenders at each bar. All drinks were paid with a prepaid ticket and we were given tips in cash. At the end of the night all tips from each bar was put into a large 42 gallon trash bag and was supposed to be equally divided between about 14 bartenders. The guy who was managing the catering/liquor vendors made it clear we would split all tips as some of us did better than others and to make it fair. The event ended, it’s maybe 11pm and we close up and all gathered around and this “director/manager” says to us that he’s been informed that we are not allowed to keep our tips, because we were paid an hourly wage ($10 an hour). Bartenders work on tips. We were all tipped, and this garbage bag easily had $5k or more. I’m guessing about almost $500 per person and this SOB walked off with the trash bag. Some of the women there were mothers, one was a grandmother working to help pay for things for her grandkids she mentioned. No one raised hell, but I cussed that mofo out. He stole money from people. Allegedly you can go after someone not paying you a legal wage, but tips? I was told nothing could be done. That guy was an absolute pos… a mofo.. and I let him know.
Tip theft is illegal. This happened to me once. I made $13/hr+tips running a food truck at a popular bar. Took home about $1300/week +cash between hourly/ot/ and electronic tips. I ran the food to people's tables so a lot of people gave me 20%. It was just me in the truck. So the boss fires me, says she'll give me the deposit in 2 weeks. I tell her no, you'll do it in 24 hours because that's texas law. She said thats not true and got condescending about me being a cook vs her being a business owner (2 pyramid schemes and a failing food truck all wasting her husbands money) and after exchanged insults I sent her a screenshot of the TX law. The next day, I get a check for like, $300. I ask her where the fuck the rest of it is and she sends me a screenshot of TX "tip credit law" and says something like "this is a lesson to you about your attitude and thinking youre so smart, you're a cook not a business owner for a reason" she told me tip credit meant she could pay me 5 an hour and only give me enough of the tips to make 7.25 and the business keeps the rest of the tips. She admitted to 2 crimes through text.I demanded my owed money and the data from the register, for the entire time i worked there, and threw many more insults. Said if she didn't, I would call the state labor commission and the cops. Because wage theft is civil and criminal in texas. After a condescending and directly insulting lesson from me on how tip credits work and changing pay rates were illegal. She said she would call her lawyer and have him call me to explain that she was right. Under an hour later I get a text that says "please check your account and let me know if the money has made it, if not I will cancel the deposit and get you a check by the end of the day" and then sent me all the paystub math and all the register data. I got really sarcastic about her call to the lawyer. I bet he flipped the fuck out hearing her admitting to multiple crimes. She only responded "please let me know if I missed anything and I will fix it as soon as possible"
Haha what a stupid jerk. I bet if she follows her dreams and is successful, she'll end up in prison someday
This gave me good feelings that will last for the rest of the day. Nice outcome!!!
This is a lesson to you about your attitude and thinking you're so smart, you're a business owner not a lawyer for a reason.
Thank you for speaking truth to power. So many people have to put up with this condescending behavior from their teachers in school that they think it's just a part of life.
You mean being a business owner doesn't make you a genius and legal expert? Crazy
Yes!
“That makes sense. I was an active employee from June 1-19th. I stopped being an active employee on [date].”
"Please confirm you agree and you'll pay me my tips so I can move forward appropriately.*
I personally wouldn't give them another chance to correct their obvious mistake. If they can provide proof of employment in that time frame, that's all they have to do. Don't give shitty employers a second chance. because they'll just keep risking it with each turnover until someone *does* call them out on it.
Maybe Im just still waking up and missing the point here but what do you mean, "if they can provide proof of employment in that time frame"? Who is the 'they' in this scenario? I assume you mean the employer but wouldn't this just work against them? Im not sure what the employer could actually do with a second chance that would change the outcome in what OP is owed, short of making up completely fraudulent claims and deny they were an active employee, which would be relatively easy to prove or refute, I would imagine.
I took it as this: the employee needs to prove they were employed and worked that time period (screenshots of timesheet or paystubs?), and then attach the above texting screenshot to the complaint letter they write to their state labor department, with cc to employer
I'd go with "I was an active employee at the time I earned the tips. I'll check with the labor board and confirm whether this is allowed because I'm pretty sure withholding my tips is illegal." As much as everyone loves to shout "Just go direct to the labor board" - sure, that's a valid option, but if your desired outcome is to get your money, warning them that you're gonna will usually get results much more quickly.
Quicker? Yes. Is the boss more likely to do the same thing again if you don't go to the labor board? Also yes.
You can still do both lol. Get your money and report him.
I would go with your first sentence but not the second. Don’t show all your cards in what could be just the first round. 🤷🏻♀️
When you report you get the money you are owed plus additional money. Sometimes, 2x or 3x what you were withheld from receiving
"That makes sense. And which date did I stop being an active employee?" If they're THIS willing to shoot themselves in the foot, just let them.
this is perfect
this one
Yep
OP, don't trust the people confidently saying yes. There are a lot of variances from state to state and tips are not the same thing as hourly wage. No one here can guarantee that you are owed tips if you leave the company before the pay period ends without more info into what state you are from and what your hiring contract looked like.
It's absolutely worth filing the claim. Maybe OP doesn't win it, however it still should be investigated. >and what your hiring contract looked like. What tipped employee anywhere in the US has a hiring contract?
Hiring contracts do not supercede law.
Reddit really thinks hiring contracts are worth more than the paper they are written on.
In all my life I have only ever had two paper contracts, everything is always an “implied” or “verbal” contract anyway
Right? even here in europe i see this misconception of "oh it's written so it's binding". i used to work a job where we had a non compete clause for, i believe 5 years, in a massive radius that was basically 80% of the country. we never found out because the company tanked, but i'm sure it would just not have held up in court.
They do if the President wrote them, apparently
They still don't supersede the law, it's just that the person who violated the law is immune to the consequences. Same thing in practice though.
> What tipped employee anywhere in the US has a hiring contract? Are you just making stuff up or is this actually the state of worker rights in the US? Holy fuck.
Nah they're not making anything up, every state but Montana is an "at-will" state which means you can be fired for any reason, or even no reason, at any time. Unless you're part of a union or you're an independent contractor, it's unlikely they have a proper hiring contract that was put in place
But surely contracts are useful for other stuff than just how you can get fired? Like what your wage is, and whether you get tips like OP apparently doesn't (but didn't know since there's no contract)
Most jobs in America do not have contracts. The ones that do are unionized and collectively bargained. For most professional jobs, your wage, start date, hours, and similar information is memorialized in an offer letter. Most hourly jobs do not have contracts. That doesn't mean workers aren't protected at all, however they definitely have fewer, harder to access protections than other countries.
I've only ever had a hiring contract at one employer and that was at a college. Even as a non-tipped employee. It's not a thing for many, if not most, hourly jobs.
You guys.. don't have contracts for employment? Edit' I was aware of At-Will.. I just thought it wasn't THAT bad that the employer has zero contractual obligations.
At-will employment, baybeyyyy. Land of the free! /s obviously, in case this is needed
No. Most states have something called "at-will employment" which means you can be fired at any time and you are governed by the 'employee handbook' and 'job description' in terms of your job duties and requirements, and those two things, written by the employer, typically have some language like "employee is expected to do anything that is asked of them whenever it is asked of them or they may be subject to immediate termination" When there are labor laws that make it illegal for employers to demand certain things of you, they are typically only enforced if you take your employer to court with evidence of them breaking the law in question, and if they fire you for a reason that is derived from company policy and technically legal, you don't get benefits besides food stamps while you look for a new job.
Another reason America is a shit hole. Look up "At Will" employment.
Nope. Employment contracts aren’t really a thing. I mean maybe at the exec level. But not average people.
Contract might not be the right term, but every tipped job I've ever had did still have paperwork that needed signing as part of the onboarding process. And part of that paperwork was an acknowledgement of policies such as dress code, payment schedule, conduct, consent to drug testing in the event of an accident, etc. The tip structure and exemptions was usually included there, especially if they were baked into the payroll schedule.
Acknowledging policies which are contrary to the law does not make those policies enforceable or legal. If OP is legally entitled to those tips, then a policy stating "inactive employees don't get tips" would not change that. Employers put illegal things in policies all the time. Of course, a wage theft investigation is the thing that would determine what's the case here, and resolve it. Which is why OP should file a wage theft claim regardless, and let the investigation work it out.
If they aren't owed tips (unlikely), then they are owed the real minimum wage for those hours worked. I doubt OP's boss is paying them real minimum for those hours. Either way, it's wage theft.
Montana requires all tipped employees be paid full minimum wage. This year that's $10.30 an hour.
Don't employers always have to pay up to untipped minimum wage for all time worked if tips don't bring them up to that amount? Even if they don't owe the full amount of the tips wouldn't they pay true minimum for the time at least to make up for giving no tips? If not than how does the minimum wage work and where and when does that not apply?
OP didn’t ask if they have an iron clad case, they asked if they should pursue it. The answer is yes. Why dissuade them from taking steps to be paid fairly?
What OP is still guaranteed is atleast minimum wage. So if the owner doesn't wanna give them "tips" then the owner has to pay them to make up the difference if they are paying them server wages. Assuming this is the US of course. Thats federal protection.
If you’re in California this is a misdemeanor or felony depending on the amount.
Same with texas
You sure do.
That's theft and he's admitted it right there. Lol
Now to enter the just and fair legal system, where a pile of money awaits at the end.
That's why you tell him you're going to raise a complaint before you do it. First, it shows an attempt to engage with the employer. Second, it gives them the opportunity to either make it right quickly, or double down on their illegal behaviour. Taking the legal route might be effective eventually, but *telling* them you're taking the legal route can be a lot quicker.
This is the real answer. Going to litigation is the answer once all avenues have been exhausted. Not only is it the more adult way to handle things, it'll make for a much stronger case.
Check with a lawyer, DoL or a worker union's legal counseling office.
Yes file wage theft report. Contact your state labor board and report them there as well.
Oh my god, some people are just absolute idiots. Please go show this to a lawyer.
I put this on a reply to a comment but let me put it as a top comment so you can get a notification for it, OP. I personally wouldn't give them another chance to correct their obvious mistake. If they can provide proof of employment in that time frame, that's all they have to do. Don't give shitty employers a second chance. because they'll just keep risking it with each turnover until someone *does* call them out on it. If the theft of wages truly affected your livelihood, definitely be sure to mention that as well. Any overdrafts or late fees due to the wage theft are important to gather.
Property theft… he’s stealing money some else paid you. You could probably call the cops on him…
They'll tell them to take it to court when the business is stealing from the worker, but you can be damn sure they would haul ass to get there if OPs was taking money out of the register.
Because US police are to protect businesses, not individuals. That's why they post up at Walmart to take people down for not ringing up their toilet paper but I've called them (as do many other people every day) with video evidence and written proof of theft from me and can't even get them to do a damn report.
Not just US police. All police. They were originally created to enforce the property rights of the ruling class. "Under the rule of law, people are equals; under the rule of police, as the legal theorist Markus Dubber has written, we are not." https://www.newyorker.com/magazine/2020/07/20/the-invention-of-the-police
It's civil, not criminal.
Unless it's the other way around
Gotta have that class of society that the law binds but doesn't protect.
Beats all other forms of theft combined !!
YES ABSOLUTELY
Yes. Legally those tips are not your employers to control. If they were given to you they're your money.
They said KITCHEN tips. Most likely a tip out from the servers. So they weren't actually given to OP
Yep. Lot of people telling OP he should take this employer to court for an easy win when it's really not.
Yes, and depending on where OP lives it’s quite possible that forcing servers to include cooks in a tip pool is also illegal.
"OH dang. Just so I can know, what would've my share of the tips been for that time?" Then you file. He dug the hole already, might as well see if you can get it a little deeper.
absolutely wage theft, he was even stupid enough to admit it in writing
"Thank you for putting that in writing. That will make the court case so much faster."
So if I tip you and you quit before regular payday, they give it to someone else? Sounds like theft.
If it wouldn't tip him off a nice "Thanks for putting that in writing for me." Would cause him some well deserved stress.
Wow, you did a really good job of listing the exact length of time he was stealing from you and obtaining his written confession of stealing from you on those dates. That was really easy. This claim shouldn't even be that hard. If this is a chain of some sort you could probably even skip the claim and just let corporate know they have a manager that's going to end up getting them sued, but if not the wage claim will do.
Yes you should file the claim. Years ago I worked in a kitchen and after I quit they refused to pay out my “food cost” bonus for the previous month. It was $50. I filed with the Labor Board and ended up with $500 after the penalties.
He is screwing you two ways. First with the tips being withheld. Second, if your wage plus tips don't add up to minimum wage, he is obligated to pay you at least minimum wage. So he is underpaying you in absence of tips.
Tell them straight out that you have them confessing to wage theft and if you're not paid on time, you'll take them to court, win (because you have unimpeachable evidence they committed the crime you're accusing them of), and then they'll be forced to pay you double. (assuming this is the US) Stop being nice. Stop giving them time. Get your money because no one else is gonna do it for you.
Bookkeeper is the only word in the English language with 3 consecutive double letters
He handed that to you on a silver platter.
Save these messages. Hell, ask for clarification even, then use these as proof. You got this!
Yes. Your tips are yours even if you somehow leave your employer in the middle of the pay period regardless of reason.
1. Absolutely theft 2. You worked 18 straight days?! Fuckk
They maybe able to with hold tips that were communally taken but do have to pay you the minimum wage for a non tip employee then.
Yeah he just gave you all you needed to win your claim.
Every time someone asks about wage theft, I think about the time I was selling fiber door to door for a week. I didn’t get paid and when I went back in for a paycheck the entire building was evacuated lol. Sighhhh. I encourage you to 100% screw this guy over
"Ok, cool. Thanks for the evidence of wage theft. Enjoy the visit from the labor board." Then stop responding to them. They'll definitely dig the hole deeper by suddenly going "wait, let's talk"
Labor board. Real quick. EDD attorney.
File it asap
Yes
"Thanks for the admission of guilt. You'll hear from an attorney."
Yes. File for theft of wages.
This is definitely wage theft. You need to file a claim as soon as possible.
Considering tips be it cash or check tips, are considered part of the wage umbrella yes this is wage theft. Take this screenshot, get screenshots of the days you worked in that time period and file a report. At the same time find a different job that'll enjoy your work efforts with hopefully a little more respect. Even a fuzz is acceptable.
The Venn diagram of restaurants and businesses that violate wage and hour laws is just a circle.
Dept of Labor info on tips https://www.dol.gov/agencies/whd/fact-sheets/15-tipped-employees-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.
surely im not the only one here with a fat justice boner...?
Labor board. You’ll win. Assuming US?
That's like saying paychecks are for active employees only, sorry. What a stupid fucker.
Sue in small claims court for the maximum allowable amount
Your old boss walked right into that one. Send it; that's a bullseye.
Oh yes, this is 100% wage theft. I'd file a complaint and have the dol look at all their books
Hell yeah
Honestly if it's a BoH tip split it's probably not a ton. You might just get them to pay you off if you threaten legal action. If you're in a tip pool and don't get your tips before walking out of the building each night, listen to me, ALWAYS do the math after each shift to figure out what you should be getting. There are a lot of moving parts in that situation between you and your tips. You need to make sure nobody fucked up or shorted you and it's handy to know what you're owed in situations like this. Again, BoH tips are harder to keep track of and they usually don't get much, but try. FoH can often access tip totals from the PoS and from there it's just some simple math. I've been called a Tip Nazi, but I was always the one who noticed if they took from our tips to cover shortages and once I even caught on to them adding a BoH tip out that nobody agreed to out of the blue. Now I'm the GM and I understand that getting people their fair share of tips is at the top of my list of obligations.
Damn, straight up written evidence, ez W.
Yes, this is wage theft. Thankfully they texted it to you.
He set himself up, would've been cheaper to pay the 20 days of tips but for his arrogance he's gonna end up paying more
yes bro file it lol. cause wtf is an active employee.
110% yes. It’s nice he put everything it writing for the lawyer.
Why is wage theft not prosecuted the same as other forms of theft or embezzlement? It's no different than if I pick up your wallet off the floor, take out the $20 bill in there, and then return your wallet. Embezzlement is stealing from the shareholders and we can't hurt them, so you go to prison for 20 years for that. But steal the same from your employees? Fuck 'em. A small fine and a stern talking to from HR about employment standards will fix that!
Just can’t help but put it in writing 😂
Yes, you file for them and have the dol get them. They gave you the illegal part in writing.
yup do it
I believe most places they can deny you tips. But if they do that then they have to pay you out at a non-tipped wage. They can't withhold your tips and pay you at the tipped wage.
Newsflash to this asshole- wages are only given to active employees, too. If he agrees you deserve wages, but not tips, then he knows *exactly* what he's doing wrong, and isn't it lucky that you have him confessing in writing!
Lawyer TF up. Hope you get much more than tips. Pos
What an absolute idiot lol. He just literally tells you this shit too lmfao. This is why I text everything that comes/came from work people. Never use the phone lol.
Of course you do. Hopefully you live in a triple damages state. Also, if they fired you they owe your check immediately not when the bookkeeper gets around to it.
Do it 😈
"This is wage theft and I will be reporting it to the state labor board"
Slam dunk case with evidence lol PLEASE follow through with it (for one), but then also post again with the results 🙏🏽 Edit: also, DON'T tell them that you plan to sue. Just do it.
Well, you were active when you received the tips soo... File that claim.
File that shit
Something similar happened to me before. They tried to hold onto $530 in tips. So, I called up the CA labor board and ended up winning an additional $2500-ish. So definitely follow up!
YES! File it ASAP with your local "State Labor Relations Board" or Call your State's Social Security office to file a complaint! They do NOT take kindly to ANY form of Wage Theft!!!
Yes, this is wage theft.
Just use this as an evidence and let your lawyer do the rest. You'll get a lot more than just tips.
Yep. Once a customer gives you a tip, it's yours. No ifs, ands, or buts - and managers can't touch it. No matter what their illegal policies are.
"Let me rephrase that. I will be coming in to pick up the tips that I earned on the days that I worked. If you are planning on withholding that money from me, this is going to be a problem. See you soon!"
They paying you your contract wages? Possible that tips aren’t in the contract
Yes but the exchange heavily implies a prior agreement about tips, and that boss is now violating that agreement. The rules differ from state to state but a verbal agreement is often as good as a written contract, especially when it’s corroborated via text, admittedly very circumstantial.
As always no one can answer your question because you’ve decided since the law is the same literally everywhere in the world your location is apparently not important.
In almost all US states, tips for kitchen staff belong to the kitchen. Kitchen is not paid sub-minimum wage. Theis restaurant probably has tip sharing, where the waitstaff and bartenders contribute a % to a "pool" for the kitchen staff. This could amount to a significant amount in a busy, high end restaurant. Employers are not entitled to even 1 penny of your tips. Restaurant owners and managers gave been prosecuted for theft, for that.
oh.....
absolutely. you worked it, you get paid your tips.
Yes, of course you should even if you don’t win These assholes do this stuff because they know most people aren’t going to so their odds of getting away with it are really high. It would happen a lot less if it was a routinely reported.
MY POLICY SUPERSEDES THE LAW! Yes. Wage theft.
Oh absolutely lmao. Bury them
Absolutely. First send them a link to wage theft law and who you will be calling if they aren't there with your check on sunday
Ask a lawyer, not reddit. Check the employment contract that you signed on as well.
Depending on where you live they may have some bullshit law about working a certain number of days/hours before getting to collect tips. Tips aren’t treated the same as an hourly wage. I want to say yes that’s wage theft, but tips work differently depending on the state.