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  1. #1
    Join Date
    Aug 2017
    Posts
    1

    Default Can Your Employer Withhold Tips if You Miss a Shift

    Last week I had a fever and called out of work with a pretty good amount of time notice. Unfortunately, there are not too many workers and others will not go in on their day off to cover someone who's sick, so a manager had to stay on open until close while I went to an urgent care. Now, my employer is telling my that he's not giving me my share of tips for the week ($60-70 depending on my hours) as punishment. My employer says it's to compensate for lost businesses for that half a day. Is this legal for him to do?

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Withholding Tips

    This is in what state?

  3. #3
    Join Date
    Feb 2008
    Posts
    1,179

    Default Re: Withholding Tips

    One thing to remember is if you are paid a tipped wage less than minimum, then (federally) he could not withhold them until after you hit minimum wage for each hour worked. If you are already paid at least minimum wage for each hour worked, then yes like cbg stated, it can be state wage law dependent. Are you paid at least minimum wage for each hour worked?

    One question on timeline, were those tips earned prior to you being out or was it the tips for the next week? Generally employers can't change the pay retroactively, unless at some point you had already been told that this was a consequence of missing work prior to working those hours. But again, some of this is state specific. Give us your state and we can help you more.

  4. #4
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Withholding Tips

    An employer can't take the employee tips PERIOD. They can dock their pay (if it wasn't already at the minimums) but federally and in most states, the management/owners taking tip money is illeagl. Now if this was a tip pool, they might have some discretion on that distribution, but still using it punitiviely smells bad.

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