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  1. #1
    Join Date
    Oct 2017
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    Default Can a Restaurant Manager on Salary Still Wait Tables

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

    I work at a small mom and pop restaurant. Recently a server was made manager and is now making a generous salary. My issue is, she is still waiting tables even when it is slow and giving her tips to the owner. Is this ethical?

  2. #2
    Join Date
    Mar 2013
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    Default Re: Can a Restaurant Manager on Salary Still Wait Tables

    Not only is it ethical, but it's legal.

    If you don't like it you seek employment elsewhere.

  3. #3
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    Jan 2006
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    Default Re: Can a Restaurant Manager on Salary Still Wait Tables

    An employer is not entitled to the tips of others. If the payment of the tips is mandatory it is not legal.

    Why is the manager/waitress turning the tips over to the employer?

    as to the manager waiting tables and retaining tips paid on her tables; legit.

  4. #4
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    Default Re: Can a Restaurant Manager on Salary Still Wait Tables

    Quote Quoting jk
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    An employer is not entitled to the tips of others. If the payment of the tips is mandatory it is not legal.

    Why is the manager/waitress turning the tips over to the employer?

    as to the manager waiting tables and retaining tips paid on her tables; legit.
    Ok, let me give an example of how the situation the OP described could be legit.

    Lets say that the restaurant offered the server the management position of head server. Let's say that their deal with her was that she would get $20.00 an hour guaranteed, whether tips would bring her to that level or not. Their requirement would be that she turn over all tips to them, they would calculate the $20.00 per hour and if the tips exceeded that she would get the difference. If the tips did not bring her to $20.00 an hour she would still get $20.00 per hour. That would be completely legal.

  5. #5
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    Default Re: Can a Restaurant Manager on Salary Still Wait Tables

    Quote Quoting llworking
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    Ok, let me give an example of how the situation the OP described could be legit.

    Lets say that the restaurant offered the server the management position of head server. Let's say that their deal with her was that she would get $20.00 an hour guaranteed, whether tips would bring her to that level or not. Their requirement would be that she turn over all tips to them, they would calculate the $20.00 per hour and if the tips exceeded that she would get the difference. If the tips did not bring her to $20.00 an hour she would still get $20.00 per hour. That would be completely legal.
    An employer cannot legally take the tips of an employee. If you believe otherwise please provide the support for that. Tips are the property of the recipient of the tips.

  6. #6
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    Default Re: Can a Restaurant Manager on Salary Still Wait Tables

    Quote Quoting jk
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    An employer cannot legally take the tips of an employee. If you believe otherwise please provide the support for that. Tips are the property of the recipient of the tips.
    What you are suggesting is some screwed up tip credit system. The employer would not actually be receiving the tips. There is no reason for the employee to turn over the tips to the employer. They could simply give an accounting of the tips. What is happening is very suggestive of an unlawful retention of the tips by the employer.

  7. #7
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    Oct 2006
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    16,474

    Default Re: Can a Restaurant Manager on Salary Still Wait Tables

    Quote Quoting jk
    View Post
    An employer cannot legally take the tips of an employee. If you believe otherwise please provide the support for that. Tips are the property of the recipient of the tips.
    Do you not understand the correlation between tips and salary in tipped situations? A standard serving position for example requires that the employee earn minimum wage, no matter what, and if their tips do not raise their earnings to minimum wage level then the employer has to make up the difference.

    I am positing a situation where the employer takes on a greater guarantee in exchange for greater responsibility on the part of the employee. If that doesn't make sense to you then I am sorry...but you are wrong.

  8. #8
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    Default Re: Can a Restaurant Manager on Salary Still Wait Tables

    A manager can provide direct table service, and may keep tips earned through that service. If the tips aren't actually being kept by the owner, but are instead being placed in a valid tip pool in which the manager does not participate, that shouldn't be a problem. If the tips are being retained as a tip credit, I would want more details about the arrangement and the amounts of money involved.

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