Tips on final paycheck

UPDATED: Sep 30, 2022

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Tips on final paycheck

I was a full time salary employee, I also
received credit card tips. Since I wasn’t
considered a tipped employee, is my
former boss required to pay me my
portion of the tips on my last

Asked on August 2, 2017 under Employment Labor Law, Tennessee


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If you weren't one of the employees who are considered eligible for tips (i.e. not a tipped employee), you have no legal right or entitlement to tips; therefore, even if your employer voluntarily chose to pay you tips when they did not have to (or arguably should not have, if the tips to you came from tips which would have gone to tipped employees), they do not have to pay you on your last check. They may have chosen before to share tips with you, but can choose to not share them now.

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 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.

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