What can be done if an employer withholds electronic tips from employees?

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What can be done if an employer withholds electronic tips from employees?

My husband has worked at a family owned company off and on for about 3 years. Upon hiring, the boss said they don’t give the employees their electronic tips. They can’t afford to he said, yet he has expanded his cafe and has hired more employees. He also takes week long vacations several times a year but treats his employees like garbage, threatening suspension over little things like leaving a wash rag for cleaning counters in the sink. My husband is looking into getting a new job as the stress is just too much. I want to know if there is any way to receive the electronic tips that have been withheld as they amount to close to $9,000 he estimates.

Asked on July 23, 2019 under Employment Labor Law, Arizona

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

Under the labor laws, an employer must give tips, whether cash or electronic, to the tipped employees. Your husband should try contacting the state department of labor to file a complaint: they may be able to help him get at least some of the money he is owed in tips. Alternately (or if they seem reluctant to help), he could sue the employer for the tips owed to him.


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