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  1. #1
    Join Date
    Apr 2011
    Posts
    6

    Default Can Managers Take Non-Supervisory Shifts and Get Tips

    My question involves labor and employment law for the state of: Georgia.

    Can a restaurant manager go back and forth between managing and bartending? For example, a manager is working in a supervisory role 4 days a week, but then one night a week decides they want to work behind the bar to recieve tips. Are there any labor code sections or case law that allows or prohibits this?

    Furthermore, can a individual in a working in a management/supervisory role perform work in a tipped position and receive tips, in this case, behind the bar, WHILE being the manager on duty? I have read the Labor Code Section 351 and believe that it prohibits this action, but want to make sure that I am interpreting it correctly.

  2. #2
    Join Date
    Dec 2007
    Posts
    2,357

    Default Re: Can Managers Take Non-Supervisory Shifts and Get Tips

    Can you please post a link to the Labor Code Section to which you refer?

  3. #3
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,181

    Default Re: Can Managers Take Non-Supervisory Shifts and Get Tips

    And we (and your advisor) want you to do your own work.

  4. #4
    Join Date
    Sep 2010
    Location
    Oklahoma
    Posts
    695

    Default Re: Can Managers Take Non-Supervisory Shifts and Get Tips

    I could not find any code sections preventing either of the scenarios that you presented. If the manager decides to work in a lower level capacity, then they have every right to do so according to company policy. The same would go for performing tip related activities outside of their normal assigned duties. For example, if the bartender takes a break and the manager tends the bar while the regular server is out it appears that the manager is then entitled to the tips recieved during that period as the constant tending of the bar would fall outside of the manager's duties. However, if the manager takes food from the kitchen to a table from time to time to help with the services I don't think that would entitle the manager to the tips of the table or house tips as it is part of the managers job to ensure the timely operation of the establishment.

  5. #5
    Join Date
    May 2008
    Location
    FL
    Posts
    51

    Default Re: Can Managers Take Non-Supervisory Shifts and Get Tips

    Employer-Owner Could Not Share in Employee Tip Pool Under FLSA, Regardless of Extent of His Bartending Activities - See this link

    http://flsaovertimelaw.com/2011/03/2...ng-activities/

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