What to do if I work as a server and get paid $2.75 an hour but my employer takes 20% of my tips for the “house”?

I was under the assumption this % was given to the sushi chefs and cooks but they are salalry and do not recieve these.

Asked on July 20, 2012 under Employment Labor Law, Arkansas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You should contact your state department of labor--you may have a wage complaint. Tips may not be taken from tipped employees for the benefit of non-tipped employees (e.g. those who do not directly interact with or provide service to employees) or for the benefit of the employer.


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 AttorneyPages.com 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.