Can an employer deduct tips from pay?

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Can an employer deduct tips from pay?

My employer implements tip pooling but then deducts how much we make from tips from our paychecks, but still adds our tips into our gross income on top of our income before the tips are removed.

Asked on December 31, 2016 under Employment Labor Law, Mississippi

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

No, the employer may not do this. While tipped positions may be paid a base wage less than normal minimum wage, due to the fact that those employees get tips, the employer may not deduct tips from employee pay--you get your hourly wage plus tips. If the employer deducts tips, the labor laws; you could contact the state department of labor to file a complaint.


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