Can a restraunt employer start keeping tips and put them on a bi-weekly paycheck without any notice to an employee?

UPDATED: Apr 3, 2012

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Can a restraunt employer start keeping tips and put them on a bi-weekly paycheck without any notice to an employee?

We have been getting our tips nightly but I went to work yesterday they told uys that they are keeping all tipout and credit card tips and putting on our paychecks. This means that we won’t see the money for about 3 week. That will leave us high and dry until then as we were given no notice. Is this legal to do without notice and time for us to adjust?

Asked on April 3, 2012 under Employment Labor Law, Kansas


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If your employer had allowed employees to keep their tips nightly and protocol that you are writing about just happened without approval by the employees, then what your employer has done is improper unless the employee employer hand book for work allows what happened.

I do not see the basis for the change in how the tips are divided out with the exception of credit card tips in payment under credit cards is not as quick as cash. I would ask your manager as to why there has been a change for the distribution of tips. If the explanation does not meet your approval, I suggest that you consult with a representative with your local department of labor about the situation.

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