What is the law regarding employees’ tips and the changing of their timecards?
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What is the law regarding employees’ tips and the changing of their timecards?
My GM is the owner of the company’s brother. He does things like deciding if employees get the tips they earned or not because he says so, and changing/deleting time on
employees’ time cards thereby not paying them for hours they worked.
Asked on December 24, 2016 under Employment Labor Law, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
This is all illegal: an employer *must*, under wage law (e.g. the Fair Labor Standards Act or FLSA) keep accurate time records and pay employees for all hours worked. The employer also cannot keep empoyee tips. You could file a complaint with the state or federal department of labor for wage and hour violations; the agency may help you recover the back wages and tips to which you are entitled. (If they don't, you could sue the employer for the money; but a good first step is to see if the agency will help.)
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