What are my options when I suspect my employer is skimming my tips?

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What are my options when I suspect my employer is skimming my tips?

I work as a server, and the restaurant I work at has a tip pooling policy. There is no record given to us regarding total tips and how he divides them. Lately there has been a noticeable change in my daily tips. What I would make on a mediocre night is now somehow the standard for a busy night. However, when I look at tips left on tables/cards, most are above the standard 15%, and we’ve had a higher business volume than usual lately. I’m certain the owner is stealing from my tips. What recourse can I take?

Asked on August 16, 2012 under Employment Labor Law, Oregon

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

It is illegal for an employer to take employee tips. If you feel this is happening, you could either contact your state department of labor, to look into filing a complaint, and/or speak with an employment law attorney, about whether you may have a legal action or lawsuit. Your coworkers, if also affected, could join with you in the complaint or in speaking with the attorney and suing.


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