Is a salaried manager allowed to collect tips as a bartender while he/she is on duty as a manager and not scheduled to bartend?

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Is a salaried manager allowed to collect tips as a bartender while he/she is on duty as a manager and not scheduled to bartend?

Asked on July 31, 2015 under Employment Labor Law, North Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

In a word, no--only staff who are directly waiting on customers in some capacity (e.g. waiters, busboys, bartenders, etc.) can share in tips. A manager who is not acting as a bartender for a given shift should not receive tips for that shift; any tips should be shared amongst the tip-able employees. If there is enough money at stake to make it worthwhile to do so, you may wish to contact your state labor department; bear in mind that taking legal action or filing a legal complaint against an employer is a drastic act, so if not much money is at stake, it may not be worthwhile.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

In a word, no--only staff who are directly waiting on customers in some capacity (e.g. waiters, busboys, bartenders, etc.) can share in tips. A manager who is not acting as a bartender for a given shift should not receive tips for that shift; any tips should be shared amongst the tip-able employees. If there is enough money at stake to make it worthwhile to do so, you may wish to contact your state labor department; bear in mind that taking legal action or filing a legal complaint against an employer is a drastic act, so if not much money is at stake, it may not be worthwhile.


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