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

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 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.


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