Can a salaried employee take a tipped employee’s shifts?

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Can a salaried employee take a tipped employee’s shifts?

The manager will be taking shifts of an hourly tipped employee is that allowed?

Asked on July 26, 2016 under Employment Labor Law, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Yes, it is legal, unless the hourly employee has a written employment contract which guarantees him or her those shifts. Otherwise, in the absence of a written contract, a manager or supervisor may cut shifts, change shifts, assign shifts to whomever he or she likes--including taking for him/herself a shift which otherwise would go to that employee. The fact it is a tipped shift or position does not prevent the manager from doing this.


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