Can my employer take a portion of my tip money at night?

UPDATED: Oct 23, 2011

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Can my employer take a portion of my tip money at night?

I deliver pizza’s. Recently my employer, who doesn’t own the place yet, has decided that he is going to take $1.00 back from every delivery we go on (e.g. 5 deliveries in 1 shift is $5 back to the “company”). He claims that he is doing this to pay for workmen’s comp insurance because the rate for the drivers is 3 times higher than for kitchen. I don’t think he can do this. And if he legally can’t where are the statutes so that I can prove it to him?

Asked on October 23, 2011 under Employment Labor Law, Minnesota


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

1) An employer may NEVER take a portion of the employee's tips--not  to pay for workmen's comp or otherwise. The employer's only recourse to tips is that if employees are in tipped positions, that may allow the employer to pay them less than the minimum wage due to the "tip credit"--as long as  tips plus hourly wage meets or exceeds minimum wage, the law has been satisfied.

2) To find the law about wages and tips, the easiest place to look is the federal Department of Labor (DOL) website. Go to the dept.'s website, then look  under "wages"--there will be some links to information in regards to tips, the tip credit, etc. You could also contact the state department of labor for information as well. Good luck.

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 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.

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