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 [email protected] so that we can strategize about the best possible outcomes for your case. Contact our office today!