Can my boss legally withhold tips for being 12min late.

UPDATED: Sep 30, 2022

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Can my boss legally withhold tips for being 12min late.

I was 12 min late and was told by my manager I would not receive
tips for the day. I live in Colorado. I make above minimum wage at a
sandwich shop. My title is sandwich maker. the tips are pooled
together and distributed by how many hours an employee works per
day. There is no sign that says tips belong to the employer. I would
like to know if I am owed a share of the tips for the day.

Asked on September 26, 2016 under Employment Labor Law, Colorado


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You are correct: an employer may not withhold tips from an employee for being late, and you are owed your share. Unfortunately, if the employer will not voluntarily pay them, you'd have to either file a complaint with the state department of labor or else sue, both of which are drastic options (any time you bring legal action against your employer, it is serious)--think about whether it's worthwhile for the amount of money at stake.
There are things an employer can legally do if you are late to work: he could have suspended or terminated you, for example, for this. The option he took is actually less serious than his legal options in many ways, but it is, as stated, illegal.

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.

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