If I am employed by a car wash chain, what can I do about tips, wages and unlawful employer practices?

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If I am employed by a car wash chain, what can I do about tips, wages and unlawful employer practices?

4.75 base + tips up to minimum wage. Is it legal for a full-time salaried manger to take a cut from the tip pool? Also, are there any laws re: how a tip pool is split up? Our Manager disappears with the pool tips periodically during the day and divides it up. We have no representation in this process. He takes a substantial cut+ for himself right off the top, is this legal? Our employer deducts from the tip pool to cover repairs to his equipment, is this legal? Also, is our employer required to compensate for on-call time?

Asked on May 14, 2012 under Employment Labor Law, Michigan

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The entire issues that you have to deal with concerning the pool tip issue is what does the employer employee manual state on the subject assuming there is a manual. If there is no manual for the employees at work then the issue becomes what is the custom and practice in the car wash industry with respect to how tips are pooled and allocated.

The problem that I see is that your employer may be making all decisions and policy without the benefit of a handbook in place which essentially makes the employer's decisions on all issues concerning how the tip issue is resolved subject to no scrutiny.

For further guidance on the issue you are writing about, I suggest that you consult with an attorney that practices in the area of employment law.


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