Can a restaurant employer take tables and accept tips from the tables legally?

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Can a restaurant employer take tables and accept tips from the tables legally?

Cash and credit tips. My manager keeps deciding she can take tables or

parties. There’s a lot us making less in tips than our managers because they keep doing this to us. It’s happened 3x. First with a $1000 check. We spent most of our time standing around and making 60. While she makes $300 in tips off a wedding party 1 of the servers could have worked. No one is managing the restaurant but us since she’s busy serving.

Asked on November 7, 2016 under Employment Labor Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If she is doing tippable work, she can be tipped: there is no rule or law saying the manager can't get tips if she is waiting on tables. And  as the manager, she has the right to assign someone else to manage while she waits tables, if she wants to be able to get tips. This may be unfair and inappropriate, but is legal: all you need to do to legally receive tips is do a tippable job.


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