Servers and Bartenders: Know Your Rights!
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.