I am a housekeeper for a bed and breakfast, can my employer take my tips?

UPDATED: Dec 21, 2012

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I am a housekeeper for a bed and breakfast, can my employer take my tips?

My employer buys and places tip envelopes in the guest rooms and requires me to turn in all the money left by guests. I cannot even keep money that is handed to me directly. Is this legal?

Asked on December 21, 2012 under Employment Labor Law, West Virginia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Your employer can make it a condition or requirement or term of your employment that you do not take tips and turn any offered tips into the business. However, if you do not receive tips, you must be paid at least minimum wage, including overtime when applicable (for example, if you work more than 40 hours in a week).


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