Is it legal for employers to deduct your tips from your wages?

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Is it legal for employers to deduct your tips from your wages?

I worked as a waitress at a gentleman’s club. The pay was minimum9.47/hour, plus tips. I reported my tips at the end of each night and when I got my check, my employer had deducted the full amount of my tips from my wages. I thought they were only supposed to deduct the taxes? Am I wrong?

Asked on August 24, 2016 under Employment Labor Law, Washington

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

No, they may *not* do this. The employer must pay you the minimum wage for tipped employees--which in your state is $9.47, as you indicate--and you get your tips *over and above*, or in addition to, that. They cannot deduct your tips from your wages. If they do, contact your state department of labor to file a wage complaint.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

No, they may *not* do this. The employer must pay you the minimum wage for tipped employees--which in your state is $9.47, as you indicate--and you get your tips *over and above*, or in addition to, that. They cannot deduct your tips from your wages. If they do, contact your state department of labor to file a wage complaint.


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