Can a salaried manager take a split of tips?

This manager collects from waitress when they are getting $3.49/hr and she is salaried for over $40k/yr, working only 9 mos/yr and collecting unemployment the rest. Also, gets commission for weddings and parties and splits tips then too.

Asked on July 24, 2012 under Employment Labor Law, Illinois


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Whether or not the salaried manager for your place of employment is entitled to a split of the tips of other employees depends upon what is stated in the presumed employer employee handbook or any stated policy of the business where the tips are being generated.

If you have concerns as to this issue I suggest that you read the employer employee handbook and speak to human resources to resolve this issue.

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.