Is It Legal for the Owner to Keep 10 Percent of My Tips?

I have a question. I work as a waitress and the owner is the cook. He takes 10 percent of each waitresses tips every night. Is that legal?

Christie

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March 12, 20080 found this helpful

Hi, I was a waitress for years and generally tips are pooled amongst the wait staff, bar backs, bus boys, and cooks. I generally gave 20-30 percent so in my opinion, 10% is more than generous. Hope this helps. -sydney

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March 12, 20080 found this helpful

When you were hired, did he tell you he was going to take 10 percent of your tips? I can't imagine why an OWNER would take tips away from his staff. Do you get free food, clothes, health insurance, etc. for your 10 percent? Frankly I don't know of any law that protects your tips.

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March 12, 20080 found this helpful

When I was a waitress, ALL tips went into a mutual tip bucket, and were split evenly at the end of the shift with all waitresses AND the cook. I never thought that that was quite fair, as the cook made more than we did to begin with. But, it was just the way things were. What I also felt was unfair is that tip means To Insure Promptness, and the slackers got the same amount as the ones who worked hard.

As far as the legality of this, laws vary from state to state, so check with your local labor board.

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March 13, 20080 found this helpful

Any owner who takes a working persons tips is not right. We owned a shop and the real edaquit is NO. The owner should not take a cut, because he is already making a profit on the business. I worked in the business 11 years. Good luck, Bonnie

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March 13, 20080 found this helpful

I never understood why business owners can't just pay a decent wage and forget about tipping altogether. It's such a hassle. I recently left a tip on the table and then paid my bill with a debit card (and wrote "tip on table" on the tip line and the restaurant charged me a $5.00 tip anyway! On a $15.00 order! I got it refunded, thankfully. All I know is, I do my job and do it well and nobody tips ME.

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March 14, 20080 found this helpful

I GIVE part of my tips to the chef. They make the food, if it's good, the tip is larger, they deserve a portion. Usually I ask diners how their food is, and keep that in mind when I split tips, I also give a portion to the busser, if they did a good job.

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March 22, 20080 found this helpful

It is fair to share tips with the cook, but not when the cook is the owner rather than another paid employee. There was just a lawsuit in CA where Starbucks baristas won against owners that were paying tips to shift supervisors but not to the waitstaff.

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March 22, 20080 found this helpful

I have worked as a waitress. Part of my tips went to cooks, bartenders, and bus staff. It is perfectly legal - as long as you earn at least minimum wage.

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April 11, 20080 found this helpful

I agree with Cindy. Pay them a decent wage.

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April 11, 20080 found this helpful

What indication can you leave a Waiter to let his or her know bad the service was bad - leave one penny or what? Thanks, Carol

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August 21, 20080 found this helpful

What people aren't getting is that you are asking because he is the owner. I heard in my state (pa) that it was illegal. I used to waitress and the owner was the bartender and she made us tip her out every night. I asked a on a lawyer forum and one lawyer told me that it depends on what state you are from and to look up the business laws in your state. Hope that helps.

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