Tips on final paycheck

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Tips on final paycheck

I was a full time salary employee, I also
received credit card tips. Since I wasn’t
considered a tipped employee, is my
former boss required to pay me my
portion of the tips on my last
paycheck?

Asked on August 2, 2017 under Employment Labor Law, Tennessee

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If you weren't one of the employees who are considered eligible for tips (i.e. not a tipped employee), you have no legal right or entitlement to tips; therefore, even if your employer voluntarily chose to pay you tips when they did not have to (or arguably should not have, if the tips to you came from tips which would have gone to tipped employees), they do not have to pay you on your last check. They may have chosen before to share tips with you, but can choose to not share them now.


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