Servers and Bartenders: Know Your Rights!

Herrmann Law, PLLC

Tip Pool and Tip Sharing Violations:

  • Sharing tips with managers or employers
  • Sharing tips with cooks
  • Sharing tips with dishwashers
  • Sharing tips with expos
  • Deductions for cash register shortages
  • Deductions for walk-outs/walked tabs
  • Deductions for glass breakage/breakage fee
  • Deductions for uniform

FLSA Section 203(m)(2)(B) – employer may not keep tips received by its employees for any purposes, including allowing mangers or supervisors or keep a portion of employees’ tips, regardless of whether the employer takes a tip credit.

DOL Fact Sheet #15 – A valid tip pool may not include employees who do not customarily and regularly received tips, such as dishwashers, cooks, chefs, and janitors.

What am I entitled to? And, What if I cannot afford a lawyer?

You may be entitled to, the difference between minimum wage and the tip credit applied to your hourly rate x 2, plus, your misappropriated tips, and attorney’s fees.

I want two things: a shift drink and your email address!

Someday, if I ever get my act together, I might send out a weekly newsletter about the wonderful goings on of the restaurant industry. Or maybe I won't.