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I Am The Law! Car accidents, personal injury, defamation, libel, malpractice, fraud, bankruptcy, debt, lawyers, corporate law, criminal law, jail, police conduct, prison, employment laws, workers compensation, real estate law, divorce and family court, taxes, education, immigration, military law, insurance, trademarks and copyrights, traffic and driving laws, class action law suits, and more. All of these are welcome topics in this forum.This forum is not intended to be a substitute for professional legal advice. Always seek the advice of professional with any questions you may have regarding a legal situation. Never disregard professional legal advice or delay in seeking it because of something you have read on any web site, including this one. Fair warning: If you're stupid enough to post a confession it could be held against you in a court of law.

 
 
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 #1 
Old 2008-08-22, 05:33
Regular
 
where is my mind?
Default alright, tell me if this is against the law.

i work at a sushi restaurant where we make good tips. on a busy night we will finish out with over around 200 in tips between 2-3 people. at the end of the night we each get 50 if its 3 of us, and ~75 if its only 2. basically my owner takes a percentage of our tips every day even though she herself is not serving.
my first response is that its her restaurant and she can do what she wants.
is this legal?
 #2 
Old 2008-08-22, 06:00
Moderator
 
Laramie, WY
Default Re: alright, tell me if this is against the law.

I'm just up the road in WY, and I can tell you that it sounds damned fishy to me. Call your local labor department, your city attorney, someone who can check up on that. Then, quit that joint and go work for a reputable restaurant.

CO Dept. of Labor and Employment contact info. (http://www.coworkforce.com/contact.asp) I would recommend contacting the Labor Standards division, as they oversee wage issues.
 #3 
Old 2008-08-22, 17:01
Regular
 
where is my mind?
Default Re: alright, tell me if this is against the law.

Quote:
Originally Posted by AE5150
I'm just up the road in WY, and I can tell you that it sounds damned fishy to me. Call your local labor department, your city attorney, someone who can check up on that. Then, quit that joint and go work for a reputable restaurant.

CO Dept. of Labor and Employment contact info. (http://www.coworkforce.com/contact.asp) I would recommend contacting the Labor Standards division, as they oversee wage issues.


see i love the job though, my two closest friends out here work there and everyone else who works there is cool as hell. so im not looking to quit, im just looking to make some more money. i plan on just talking to my boss after i find out if it is illegal, that way i dont get her fucked, and still get to throw some more money in my pocket.
thanks though
 #4 
Old 2008-08-26, 02:15
Regular
 
Default Re: alright, tell me if this is against the law.

I don't they can even force you to pool tips. I mean, its a personal transaction that happens between two people outside of the debt owned to the company.
 #5 
Old 2008-08-26, 05:10
Regular
 
Default Re: alright, tell me if this is against the law.

any of it go to bussers/ the sushi chef?
 #6 
Old 2008-08-26, 16:07
Moderator
 
Columbus, Ohio
Default Re: alright, tell me if this is against the law.

I can't speak to your jurisdiction, but pooling tips is not all that uncommon. It would seem to me it probably has roughly the same legal status as limiting commissions.
 #7 
Old 2008-08-26, 22:35
Regular
 
Default Re: alright, tell me if this is against the law.

Quote:
Originally Posted by Sephiroth
I can't speak to your jurisdiction, but pooling tips is not all that uncommon. It would seem to me it probably has roughly the same legal status as limiting commissions.


This is correct. Besides the customer almost nevers tell you if he/she is tipping you or the restaurant.
 #8 
Old 2008-08-27, 22:35
Regular
 
where is my mind?
Default Re: alright, tell me if this is against the law.

Quote:
Originally Posted by fillup
any of it go to bussers/ the sushi chef?


yes money goes to the busser, dishwasher and the sushi chefs. but then there are tips taken by the owner as well. and there also is no sign saying "tips are not solely for the server and may be distributed at owners will." which ive been told must be up in a conspicuous place somewhere in the restaurant to make what she is doing legal. i think it evens out with the tips seeing as how much sake we drink at work :P
 
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