Can my general manager changemy tips to get around paying minimum wage?

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Can my general manager changemy tips to get around paying minimum wage?

I’m a waitress and at the end of my shift I have to claim my tips. My general manager changes the tips that I claim at the end of the day to be high enough so they don’t have to pay minimum wage on my checks. Is that legal or is there something that I can do to stop it?

Asked on April 14, 2011 under Employment Labor Law, Wisconsin

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You can absolutely stop it and you should be keeping tabs of this all so that you can immediately contact your labor department with proof and if there others to whom this is happening, the labor department can also interview them. Keep in mind though that in most states employment is at will, which means you can be fired with or without cause. So be careful about speaking to others about this except the labor department. You cannot be fired in retaliation. At the end of the day, please make sure to keep your records clear and concise for the investigator and if you have to, consider hiring an attorney if the labor department investigation doesn't help you. If you wind up hiring counsel, you may not wish to continue working at the same location, so just be cognizant of your next steps.


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