How does tip-splitting work?

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How does tip-splitting work?

I am a server at a hibachi Japanese steakhouse and tip policy is server must tip chef $1.50 per person she serves and the chef makes salary, tips. From server and goes to each table with a tip cup and gets tips from the customers. The chef does not have to share any of the tips he gets from the customer. If the server does not get at least $1.50 per customer served she must then make up the difference out of her own pocket. Is this legal? It doesn’t seem fair that the chef doesn’t have to share any of his tips.

Asked on August 19, 2012 under Employment Labor Law, Ohio

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Unless there is some agreed upon document with respect to the tip splitting arrangement at work that you have written about or some employer employee hand book on the subject that you signed, you are not contractually obligated to what is being implemented in place particularly when you have to come out $1.50 of you own money when there is not enough of a particular tip.

I suggest that you discuss the unfairness of the situation you have written about with your supervisor. Be aware that upsetting the "status quo" at work may not be a good thing for you.


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