Can a restraunt employer start keeping tips and put them on a bi-weekly paycheck without any notice to an employee?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 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.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.