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  1. #1
    Join Date
    Apr 2012
    Posts
    2

    Default Can My Employer Keep Me from Collecting Tips

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

    I recently got a job at a small restaurant: I prepare food, bus tables and deliver and have been given tips by customers on deliveries. The first time I returned from such a delivery my boss instructed me to to place the tips aside to be counted. After asking fellow emplyees I was informed that most employees have to wait two weeks before receiving their tips (until then they're distributed to the other employees.)

    After a week my boss told me that because I was replacing another employee and was performing admirably I could take the quitter's spot in the tip pool, but after receiving tips for one day he went back on it and informed me that the other employee's complained and that I would not receive any more tips until the end of the two week period. That period ended today but my boss refused giving me the tips because I had called in sick two days ago and I am still supposedly training.

    I am payed minimum wage of 7.25/hr. Can my employer require that I pool my tips and refuse to allow me to collect them as long as he sees fit?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Can My Employer Keep Me from Collecting Tips

    There are lots of rules that can apply to tip pooling, including whether we're dealing with individuals or teams, whether there's an opportunity for individuals to opt out, whether or not the tip pooling rules are in writing.... Are there any details you can share, other than that you receive minimum wage and you're not presently included?

  3. #3
    Join Date
    Apr 2012
    Posts
    2

    Default Re: Can My Employer Keep Me from Collecting Tips

    The shop has no managers, the owner works with the employees (6-8) and also helps train new hires. Yesterday my boss told me that past employees came up with the tip jar idea and the two week rule on tips, and that if I had an issue I should discuss it with them.

    There were no details discussed or written about the tips or any tip pool, I was simply lead to give away my tips by my boss without any indication it was a choice.

    Yesterday I spoke with my boss about the 27 dollars I lost, and he threatened to remove the tip jar and remove "10$ avg. /hr" from the help wanted sign in the window. I called his bluff and her then offered to garnish the tip pool (referred to by him as "the other employees tips") until I received my tips. I'm wasn't sure if he meant my lost tips or the end of my training, but I didn't think it was right of him to take tips from my co-workers to fix a problem he was causing.

    He then blamed me for starting the tips issue, I saw no way back from this point, and quit

  4. #4
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,273

    Default Re: Can My Employer Keep Me from Collecting Tips

    yes your employer can say no tips, no gifts, etc. allowing a tip jar tosses that all into a mess, as you have found out

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