Is Your Employer Stealing Your Tips?

If you are employed in the restaurant industry and work as a server, then you well understand how important it is to be tipped. Because of the $2.13 that you may make hourly, your tips make up the majority of money that you use to pay rent or mortgage, to eat, and to survive. Therefore, when you are not adequately compensated for the service that you have provided due to your employer’s unethical use of tip sharing or tip stealing, your frustration may be at an all-time high. If you or a loved one is concerned about your employer stealing tips from you, contact an experienced NYC wage and hour attorney to determine whether you have a case.

What is Tip Stealing and Tip Sharing?

Those who are restaurant workers, particularly, servers and other wait staff, often receive tips as a majority of their income. According to the Department of Labor, a tip is the sole property of the tipped employee and the federal law prohibits arrangements that entitle any part of the tip to become the property of the employer. Tipped employees are those who customarily and regularly receive more than $30 per month in tips. In the state of New York, employers are allowed to require tip pooling. If a tip pool contribution exists, meaning all employees chip in a portion of their tips to be divided amongst those who help the wait staff, it is required that the employer inform the employee of this.

Though most restaurants will abide by the law when it pertains to employee tips and tip sharing, there are some that conduct illegal practices. When it comes to the top violations of restaurant employers, the number one violation is employers stealing tips. Employers who violate the federal law and state law take a portion of employee’s tips for themselves when the tip is added to credit card payments, to pay kitchen staff, making tipped employees do a substantial amount of work that does not produce tips, having tipped employees work off of the clock, as well as to pay for other parts of the business such as catering staff. All of the above are considered violations on behalf of the employer and contacting an attorney could be extremely beneficial to you and to others.

Need Legal Advice As A Tipped Employee?

You work hard for your money and expect to be compensated for the tips and wages you have earned. You do not deserve to have your employer steal your tips or share them with individuals who are not entitled to them. You do not have to continue to adhere to these unethical and illegal tactics. If you or a loved one is concerned that your employer has been stealing your tips, contact an experienced New York tip stealing attorney at The Law Offices of Joseph & Norinsberg LLC at (212) JUSTICE or info@employeejustice.com so that we can strategize about the best possible outcomes for your case. Contact our office today!

2020-11-10T23:28:43+00:00January 6th, 2016|Wage & Hour Violations|

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I am very amazed and pleased for the wonderful work Diego Barros did for me and our co-workers, speechless to see how wonderful and constructive everything work. First time with Diego Barros and i am totally impressed to have seen how great you have worked for all of us, i will totally recommend you to anybody who is in need of help without at doubt at all in all senses.

Mr. Diego helped me WIN and reach a great settlement. Wages recovered from lack of pay and serious misconducts from employer. He was very informative and easy to talk to every step of the way. Very happy with the settlement I received. He will go for the win and get you what you deserve! If you having problems with employment I give Mr. Diego my full recommendation to get your issues resolved.

Jon and his team are amazing. They fought every step of the way for me and my family. My case was handled with such care and concern and Jon’s honesty gave me great confidence in his ability to win my case.

To have Bennitta Joseph who wins high profile cases against companies like Delta is a win for any company. The fact that they equip entrepreneurs like me with tools to compete with fortune 500 is a competitive advantage. If you are a company that deals with people and wants to succeed, hiring her is a must!

This was the first and hopefully my last lawsuit and the process wasn’t what I thought. The patience shown to me (even when I became frustrated) was great. Everyone showed respect, sensitivity, and I’d recommend the firm to everyone. Losing my job set me behind on several bills, but I can now pay them. The situation I went through will help me going forward.

This was the first and hopefully my last lawsuit and the process wasn’t what I thought. The patience shown to me (even when I became frustrated) was great. Everyone showed respect, sensitivity, and I’d recommend the firm to everyone. Losing my job set me behind on several bills, but I can now pay them. The situation I went through will help me going forward.

Bennitta Joseph is committed to Justice. After be wronged at work in 2015, and discriminated against I felt very hopeless and wronged. I felt as though I had no hope standing up to a corporate giant, and no chance of winning. After explaining my case and sharing the facts Bennitta felt differently. She did warn me it would be a long and tough road and that I had to have thick skin. In my experience if you take Bennitta’s lead and trust her legal experience no case it too big, or too small for her…

Me trataron muy bien y estoy satisfecho con el servicio. Inicialmente llamé para unirme a un caso anterior, pero cuando ya era demasiado tarde para unirme a ese caso, estaban felices de luchar por un segundo caso. No pensé que podrían hacer que otro caso funcionara, pero lo hicieron. Aprendí cuáles son mis derechos en cuanto a salario mínimo y tiempo extra y puedo usar esta información en el futuro. Recomiendo mucho la oficina.

TESTIMONIALS

I am very amazed and pleased for the wonderful work Diego Barros did for me and our co-workers, speechless to see how wonderful and constructive everything work. First time with Diego Barros and i am totally impressed to have seen how great you have worked for all of us, i will totally recommend you to anybody who is in need of help without at doubt at all in all senses.
Ysaac G
Mr. Diego helped me WIN and reach a great settlement. Wages recovered from lack of pay and serious misconducts from employer. He was very informative and easy to talk to every step of the way. Very happy with the settlement I received. He will go for the win and get you what you deserve! If you having problems with employment I give Mr. Diego my full recommendation to get your issues resolved. 
D.F.
To have Bennitta Joseph who wins high profile cases against companies like Delta is a win for any company. The fact that they equip entrepreneurs like me with tools to compete with fortune 500 is a competitive advantage. If you are a company that deals with people and wants to succeed, hiring her is a must!
Karleen L.
This was the first and hopefully my last lawsuit and the process wasn’t what I thought.  The patience shown to me (even when I became frustrated) was great.  Everyone showed respect, sensitivity, and I’d recommend the firm to everyone.  Losing my job set me behind on several bills, but I can now pay them.  The situation I went through will help me going forward. 
Isaiah B.
I had an excellent experience with the firm and with Bennitta Joseph as my attorney. Everyone I dealt with was extremely courteous, friendly and very helpful. The settlement will help me financially as I look for a job.
Kate P.

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