Is it legal for a general manager/co-owner of a restaurant to receive a percentage of a server’s tips for busing some tables?

Get Legal Help Today

 Secured with SHA-256 Encryption

Is it legal for a general manager/co-owner of a restaurant to receive a percentage of a server’s tips for busing some tables?

He is also a host at the restaurant yet clocked in as a general manager and receives a portion of the servers tips at the end of the night. If he helps out a little more than usual, busing some tables, we are asked to tip out a few more bucks to him. Is this legal?

Asked on July 16, 2011 under Employment Labor Law, New Jersey

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Do you have an employee contract with your employer setting forth how tips are to be allocated? Is there an employee handbook with your employer discussing allocation of tips at your workplace? If so, that is the start to answer your question.

What is the custom and practice in the restaurant industry where you work for the general manager who happens to be the restaurant's co-owner to receive some percentage of the tips if he does table busing? Are the tips for each evening put in a jar to be divided out or does each worker get to keep the tips he or she receives at the end of the evening?

Most likely there is no law prohibiting the general manager and co-owner for receiving a portion of your tips if he helps out busing if you are willing to let him, but I do not see where he can force you give him a portion.

Most often owners of a business do not share in the receipt of tips from other employees' shares.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption