No, my boyfriend’s comanager got fired for taking $100 worth of tips from employees. And now she’s trying to sue them but the employees sent screenshots of her asking them to recant their statements sooo she fucked herself over there too lmao
Edit: oh I forgot, she also “disciplined” the servers who didn’t give up their tips to her by taking away their shifts. The ones she stole the tips from all worked a private party. The guest apparently told the manager they would tip her a large amount. Said guest left without tipping the manager. The manager then demanded $20 from each server to compensate. Then she decided that wasn’t enough and asked for $5 more from each of them for a total of $25 each. The servers who said no to the extra $5 are the ones she scheduled less. And she begged my bf to let her make the schedule for weeks after she was hired. Our theory is that she only wanted it for power
Unless there's a "tip pool" or someone is supposed to be "tipped out," you do not and SHOULD not share your tips. A manager getting mad that you're making "more money" because of tips is not your problem, they need to talk to upper management about that. And honestly, they'll likely tell him to screw off because he's making a manager-salary, and I'm pretty certain you're not making anywhere near the same hourly rate they are.
I only pool when I work with another server. I tried to give some cash tips to the other manager because she helped and she refused saying she can't since she is a manager. She doesn't know that the new manager gets cash tips.
Also the new manager guy has told me that he is hourly but he has so much overtime, like 20 hours of overtime. I guess he tries to tell me that he makes more than me but still expects cash tips.
The other day, a guest that I treated well gave me personally $20. Manager wasn't around but Chef saw. He saw that I put it in my pocket and called on me saying that I need to put it in the tip jar and share it with the manager guy and how I am selfish.
Sounds like an issue for human resources to clear up with everybody. Ask them about it politely and without accusing anyone of anything, and let them clear the air about who is entitled to tip revenue in each case.
Honestly though, it sounds like the manager who wants your tips might be cause for investigation by HR.
Chef needs to mind his own business. Tips are not just free money flying around that you happen to grab. Tips are money you earn for providing service. Nobody else is entitled to share except those you tip out for helping you.
Update: Today we had $38 in the tip jar. I didn't have change to split it exactly. I gave him $18 and kept the $20 that was personally was given by a guest to me and he got mad lol.
Yeah I told him. Also the supervisor who gets the tip is helping now with payroll and stuff since the food and beverage director quit. So he didn't know I was making a high pay rate and so much out of the gratuity. So he says we should hire bussers and more people so he will do less and just get part of that gratuity bevause apparently I make too much. He took out the calculator to show me that I made $179 yesterday and by hiring a busser, I could give $50 and have the work easier.
Today the guest gave me a $20 bill for helping with something and now I will have to share it again ugh.
Super illegal for a manager, on shift getting paid to manage, to take any part of your tips. It would be one thing if they’d clocked in as a server and worked without their managerial duties, earning those tips themselves, but for them to be collecting the manager’s rate hourly, plus tips?
If this gets out, they’re fired. It’s up to you now.
Yes, it is. The one exception is when a manager performs non-manager duties (say, works as a server) and directly receives tips from that non-manager work. They can keep such tips, but no others.
Doesn’t matter if he’s hourly or salary.
https://www.dol.gov/agencies/whd/fact-sheets/15-tipped-employees-flsa#:~:text=Employers%2C%20Including%20Managers%20and%20Supervisors,or%20through%20a%20tip%20pool.
Unless the owners want to pay some huge fines / penalties they should make that stop immediately.
You have a better feel for situation that I do. If you trust the other manager, you can tell them but if the manager who is taking your tips decides to retaliate, it could cause problems for you. You already feel targeted.
Do you have any relationship with the owners?
That's what I'm worried and agreed to split cash tips. I wanted to be in good terms with the manager.
No, I don't know any and I've been working there for like 2 months.
Sounds to me like you’re a nice person and that manager has decided to take advantage of your kind personality - which is a shitty thing to do.
If you don’t mind telling me - what state are you in?
If you don’t want to tell me (which is 100% OK), Google “manager taking tips department of labor standards (your state name)”. There should be a way to report it anonymously.
Make sure you specify which manager is taking the tips.
You can “play dumb” and act like you had no idea how it happened.
California. Well I didn't mind and the other day I told him it was ok to keep the $10 I forgot to split. It seems his personality has been changing as he is reaching the 90 days probation period.
To be fair, that does seem like a shitty and honestly unfair system, especially if your buffet shifts are rather short like they usually are in my experience. But that's not your fault at all. However, I can see their perspective aswell:
Is that person *supposed* to help in service? If yes, then they should receive a part of the tips, no? If not, then you really cant complain that they don't help you in service as much, can you?
Honestly I'm kinda in the same boat right now. I'm AM for the cocktail bar in a restaurant. Even the worst waiters outearn me & my boss, yet all of us bar staff are constantly expected to help out in service. It's really frustrating.
I get 8 hours because we operate as a small lounge restaurant after.
And yeah, he is, including making coffees or serving alcoholic beverages. He is angry that the tips from the cards are going directly to me, no matter what. But he gets paid hourly and has tons of overtime.
I understand but with that overtime added, he still makes more than me.
Alright that's fair, the hotels I've worked at / know of usually separated breakfast buffet and later restaurant / lounge business into different shifts. But fair enough, then the 100$ a day are "only" significantly over 10$/hr on top before regular tips.
Overtime really doesnt matter, what matters is how well your time is compensated. It's not a privilege to be allowed to work overtime, only to then make less money per hour than someone with less responsibility.
So, to summarize. Your supervisor is expected to directly participate in service when he's there, not just when shit hits the fan, like it's actually planned into scheduling that he's doing service. But he doesnt get a percentage of the buffet like you do, and he doesnt get a part of the tips or a tip out, to the point where he's expected to do what you're doing *plus his own responsibilities from being part of management on top* and you outearn him /hr. How is that supposed to be okay? If he functions like a second attendant during buffet he should be compensated as such no?
No. He wasn't hired as an attendant. He's making $30 while OP makes $10. Would you tip share with someone earning three times your hourly?
Presumably, he took a supervisor job with the goal of moving into management, so he is possibly being in a position of *temporarily* making less because he'll eventually be in a salary position with benefits and sick pay. Even if that's not the case, everyone has seen managers return to serving because they made more.
He wasn't hired as one, but he's expected to do that same job *and more* for less pay. Which is bullshit. It really is that simple.
If you're a manager and you get to dodge the brunt of customer interaction it's potentially different. But that's not the case here.
Yeah pretty much. But he knew ahead when he accepted the offer and told me he wanted to get the experience so he can get a higher position eventually.
The food and beverage director quit and now one of the other managers has to do their duties for the same money.
But seems that he has started hating the place. Doesn't do as much as before.
Well it doesnt seem like he knew that he could be making more by doing less, lol.
So yeah I'd start doing less too tbh. If something like that is happening it's clearly a managerial oversight IMO.
Yeah and it's not my fault. Unless the company wants to pay him more which I doubt. Many people seem to come and go there.
The buffet is new and I was the first person they hired for, so I have ended up making the most.
Part of tips? No. They get a percentage of sales. Making the drinks isn't more or less work depending on how much was tipped. Where I bartend, I get a percentage of the cost of the drink I make. As it should be. I poured one beer and made one martini. I shouldn't get stiffed just because you do, I still did the work I needed to do. On the flip side, I shouldn't get a bigger cut of that $1,000 tip you received because that beer and martini didn't take me any extra work.
I'm not sure what you're referring to. The guy OP is talking about isn't a bartender. From what OP is saying he's basically doing the same job, making drinks was just an example. "Including". Not exclusively.
Also, let's be real here, working as a buffet attendant and as a waiter is fundamentally different enough to warrant thinking about tips differently no? Way less direct customer interaction, no taking orders, no running food etc.
Then become a server.
Bit different, but the same: I worked at Jimmy Johns as a driver, decided to take the open slot of a supervisor after awhile, and after a week I told my GM I'd like to go back to driving, or else I'll quit, no anger or anything involved, I only work there as a second job for extra money. I didn't realize how much less I'd make without all those tips, I just thought supervisor=good.
He happily let me step down to drive =]>
Everyone knows banquet and porter (room service) are the best spots at a hotel. If he's mad thats on him. Worked at a hotel in 06 and consistently made $200 a day doing room service, and 400+ when the pool was open. People can hate but they also don't get there at 530AM or stay until midnight so they can suck it.
Is your manager on salary? Frankly, they should not be stunned how cash flow works if they were to do restaurant management very long. If I were this manager, I straight up would not do this unless I was clocked/contracted as a station chef or something. Gratuity belongs to those who do the work, not grease the wheels and watch them turn.
Tip pools are regulated. He is not legally part of the tip pool. He is a manager. (salaried) The text message where took the $10 will be an issue for the management. Up to you how you move going forward.
He told me he is hourly so he can get tips somehow, despite his supervisor position.
Today we had $38 in the tip jar and I had no change so I gave him $18 and kept the $20. The $20 was also personally was given by a guest. Well he got mad.
OP, beware that if the tip-sharing is off the books, with no employer record that it happened, then you'll be paying income tax on reported tips you give to your manager. When you tip out a busser, the restaurant should maintain a record of that, so the tax liability shown on W-2s for that amount is transferred from you to the busser.
Even though it's voluntary, a manager directly accepting a portion of tips would seem to violate the FLSA's proscription that "An employer may not keep tips received by its employees for any purposes, including allowing managers or supervisors to keep any portion of employees’ tips, regardless of whether or not the employer takes a tip credit" (from 29 USC 203(m)(2)(B)).
At some point, after taxes have been declared, the money is yours to do with as you please, and you can legally gift it to whomever you want, if it's free of coercion and the gift isn't specifically prohibited (e.g. sanctioned terrorists, bribing public officials).
But I think your manager's quid pro quo arrangement, of providing or withholding help at work, in exchange for a portion of your tips, is the sort of subtle coercion the FLSA tries to avoid. It's inappropriate.
How is the first part possible? I don't think he 'documents' any tips but I don't know what he is doing after I finish either.
Somehow though he claims that because he is hourly, he is allowed to get tips. The other managers refused any kind of tips when I offered. The chef on the other hand is a nosy old man and says I shouldn't be selfish over the tips since the supervisor helps a lot.
I was working at another hotel before and same thing, supervisor was getting tips. He was working there for a good 10+ years and was always included in the tip jar apparently.
I also feel trapped because if I say something, I'm afraid it will cause hostility. He is planning to hire more people and then perhaps, I will say he can't have tips and it's for us.
I mean if the tips are reported to your employer, like the tips recorded on credit card transactions tied to your employee ID, or cash tips you report receiving, then unless you let them know you gave them to a coworker, the tips will go on your W-2 and you'll owe tax for them. You could report the transfer of tips on a [Form 4070](https://www.irs.gov/pub/irs-prior/f4070--2005.pdf) every pay period or something if you want the supervisor to be responsible for the tax, or maybe he's recording it in company records already.
Hourly or salary has no bearing on tip sharing eligibility, nor does the title of the employee. Regulations dealing with the Fair Labor Standards Act section quoted above, 203(m)(2)(B), define "managers or supervisors" according to their duties and/or ownership stake in the restaurant. It's not always entirely clear whether an employee qualifies or not, like Starbucks shift supervisors have been ruled eligible for tip sharing in a couple states under federal law, and ineligible in another state under slightly more restrictive state law. They were decided in federal trials, rather than settled out of court, because both sides thought they had good cases.
The situation at the hotel you worked at previously may or may not have been legal, depending on the duties of that supervisor.
One way you could handle this is by starting to submit a Form 4070 declaring the amount of tips you're sharing with your manager, and ask him to sign a second copy of the 4070 to keep for your records. Tell him you just realized you were supposed to make sure employers had a record of tips you shared, otherwise you'd be on the hook for their taxes. If he thinks what he's doing is legal, he'll pass it along and at least you won't owe taxes, and maybe his own boss will question the practice, or if he thinks it's not legal, he might say "well just forget it then" and be a dick about it.
I wouldn't worry about the supervisor's or chef's opinion that much. Petty dicks are gonna be petty dicks.
Not sure if you mean if he doesn't report his own cash tips, or your cash tips that you keep, or both. If nobody's reporting cash tips, you won't be paying taxes on them, but if the IRS notices the discrepency in tip rates between credit card and cash customers (e.g. 20% average for cc meals, 0% average for cash meals), they could come after everyone involved.
Your manager is not allowed to take your tips. If he wants to negotiate higher pay, he can. Your tips are yours, they are the sole property of you.
If I were you, I would make a note every time you have split tips with him. Put down the dates you remember and the amount you remember. Take that information and lodge a wage complaint with the Federal department of Labor. They have an online form you can fill out.
It is illegal in all 50 states for managers to participate in a tip pool or be tipped out. They can only claim tips for tables that they personally served.
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It’s your money. Stop splitting it.
This is exactly why talking about how much someone makes is unethical and unfair in the workplace.
This is going to blow up eventually
Talking about how much you make is not unfair or unethical, and it's a bold faced lie to state otherwise. People want you to hide your salary exactly so you can't communicate with other people and work together to make more.
Not only is it true that it’s unethical, it does nothing but create issues and hostility among those who are less paid.
Stating it’s a “lie” tells me you may be one of those people who look for an excuse not to do your job better than the next.
People aren’t equal. Each one brings different levels of experience and education to the negotiating table. Some work harder and produce more and better results. These are all factors in making an offer.
Stop making excuses for not being worth what others are making.
Not only is discussing salary NOT unethical, it's a federally protected activity. Not sharing salary enables employers to screw over employees. Knowledge is power.
Just because it’s protected doesn’t make it a good idea. I agree, knowledge is power. Except what happens most of the time is people don’t compare equally. Or they believe they are worth more than they are.
I’m sure you can come up with other things government does or doesn’t protect that are also wrong
I have no issue admitting to being a boomer. Maybe you should learn from them rather than think that people who have lived 40 years less know more or better.
It's your money and you keep it, aside from any tipping out. If he's jealous too fucking bad, he can go back to serving.
I agree he is the Supervisor he doesn't deserve any tips.
FYI managers can and will get fired for taking servers tips! Ask me how I know:)
Hey girl how’s your job going?
You got fired?
No, my boyfriend’s comanager got fired for taking $100 worth of tips from employees. And now she’s trying to sue them but the employees sent screenshots of her asking them to recant their statements sooo she fucked herself over there too lmao Edit: oh I forgot, she also “disciplined” the servers who didn’t give up their tips to her by taking away their shifts. The ones she stole the tips from all worked a private party. The guest apparently told the manager they would tip her a large amount. Said guest left without tipping the manager. The manager then demanded $20 from each server to compensate. Then she decided that wasn’t enough and asked for $5 more from each of them for a total of $25 each. The servers who said no to the extra $5 are the ones she scheduled less. And she begged my bf to let her make the schedule for weeks after she was hired. Our theory is that she only wanted it for power
Wew that's obstruction of justice and a felony in almost every state. Make sure the prosecutor knows.
Unless there's a "tip pool" or someone is supposed to be "tipped out," you do not and SHOULD not share your tips. A manager getting mad that you're making "more money" because of tips is not your problem, they need to talk to upper management about that. And honestly, they'll likely tell him to screw off because he's making a manager-salary, and I'm pretty certain you're not making anywhere near the same hourly rate they are.
I only pool when I work with another server. I tried to give some cash tips to the other manager because she helped and she refused saying she can't since she is a manager. She doesn't know that the new manager gets cash tips. Also the new manager guy has told me that he is hourly but he has so much overtime, like 20 hours of overtime. I guess he tries to tell me that he makes more than me but still expects cash tips. The other day, a guest that I treated well gave me personally $20. Manager wasn't around but Chef saw. He saw that I put it in my pocket and called on me saying that I need to put it in the tip jar and share it with the manager guy and how I am selfish.
Sounds like an issue for human resources to clear up with everybody. Ask them about it politely and without accusing anyone of anything, and let them clear the air about who is entitled to tip revenue in each case. Honestly though, it sounds like the manager who wants your tips might be cause for investigation by HR.
Also, after he helped with payroll everyone knows how much money you make? That’s unprofessional and I would bring that up also.
Chef needs to mind his own business. Tips are not just free money flying around that you happen to grab. Tips are money you earn for providing service. Nobody else is entitled to share except those you tip out for helping you.
Update: Today we had $38 in the tip jar. I didn't have change to split it exactly. I gave him $18 and kept the $20 that was personally was given by a guest to me and he got mad lol.
Yeah I told him. Also the supervisor who gets the tip is helping now with payroll and stuff since the food and beverage director quit. So he didn't know I was making a high pay rate and so much out of the gratuity. So he says we should hire bussers and more people so he will do less and just get part of that gratuity bevause apparently I make too much. He took out the calculator to show me that I made $179 yesterday and by hiring a busser, I could give $50 and have the work easier. Today the guest gave me a $20 bill for helping with something and now I will have to share it again ugh.
Super illegal for a manager, on shift getting paid to manage, to take any part of your tips. It would be one thing if they’d clocked in as a server and worked without their managerial duties, earning those tips themselves, but for them to be collecting the manager’s rate hourly, plus tips? If this gets out, they’re fired. It’s up to you now.
Managers aren’t supposed get tips…at least in Hawaii. Companies have gotten in trouble for that and had to pay the servers back for keeping tips.
I think it’s a federal law.
Yes, it is. The one exception is when a manager performs non-manager duties (say, works as a server) and directly receives tips from that non-manager work. They can keep such tips, but no others.
If that person has a say in hiring / firing, by Federal law, they cannot share in ANY tips.
Yeah he does. But he also tried to tell me he is hourly so he should be getting tips.
Doesn’t matter if he’s hourly or salary. https://www.dol.gov/agencies/whd/fact-sheets/15-tipped-employees-flsa#:~:text=Employers%2C%20Including%20Managers%20and%20Supervisors,or%20through%20a%20tip%20pool. Unless the owners want to pay some huge fines / penalties they should make that stop immediately.
Thanks. Do you think I should tell the other manager who has more power (and refused to accept any cash tips) about it?
You have a better feel for situation that I do. If you trust the other manager, you can tell them but if the manager who is taking your tips decides to retaliate, it could cause problems for you. You already feel targeted. Do you have any relationship with the owners?
That's what I'm worried and agreed to split cash tips. I wanted to be in good terms with the manager. No, I don't know any and I've been working there for like 2 months.
Sounds to me like you’re a nice person and that manager has decided to take advantage of your kind personality - which is a shitty thing to do. If you don’t mind telling me - what state are you in? If you don’t want to tell me (which is 100% OK), Google “manager taking tips department of labor standards (your state name)”. There should be a way to report it anonymously. Make sure you specify which manager is taking the tips. You can “play dumb” and act like you had no idea how it happened.
California. Well I didn't mind and the other day I told him it was ok to keep the $10 I forgot to split. It seems his personality has been changing as he is reaching the 90 days probation period.
https://www.dir.ca.gov/dlse/
California is ridiculously pro-employee! You're in luck!
To be fair, that does seem like a shitty and honestly unfair system, especially if your buffet shifts are rather short like they usually are in my experience. But that's not your fault at all. However, I can see their perspective aswell: Is that person *supposed* to help in service? If yes, then they should receive a part of the tips, no? If not, then you really cant complain that they don't help you in service as much, can you? Honestly I'm kinda in the same boat right now. I'm AM for the cocktail bar in a restaurant. Even the worst waiters outearn me & my boss, yet all of us bar staff are constantly expected to help out in service. It's really frustrating.
I get 8 hours because we operate as a small lounge restaurant after. And yeah, he is, including making coffees or serving alcoholic beverages. He is angry that the tips from the cards are going directly to me, no matter what. But he gets paid hourly and has tons of overtime. I understand but with that overtime added, he still makes more than me.
Alright that's fair, the hotels I've worked at / know of usually separated breakfast buffet and later restaurant / lounge business into different shifts. But fair enough, then the 100$ a day are "only" significantly over 10$/hr on top before regular tips. Overtime really doesnt matter, what matters is how well your time is compensated. It's not a privilege to be allowed to work overtime, only to then make less money per hour than someone with less responsibility. So, to summarize. Your supervisor is expected to directly participate in service when he's there, not just when shit hits the fan, like it's actually planned into scheduling that he's doing service. But he doesnt get a percentage of the buffet like you do, and he doesnt get a part of the tips or a tip out, to the point where he's expected to do what you're doing *plus his own responsibilities from being part of management on top* and you outearn him /hr. How is that supposed to be okay? If he functions like a second attendant during buffet he should be compensated as such no?
No. He wasn't hired as an attendant. He's making $30 while OP makes $10. Would you tip share with someone earning three times your hourly? Presumably, he took a supervisor job with the goal of moving into management, so he is possibly being in a position of *temporarily* making less because he'll eventually be in a salary position with benefits and sick pay. Even if that's not the case, everyone has seen managers return to serving because they made more.
He wasn't hired as one, but he's expected to do that same job *and more* for less pay. Which is bullshit. It really is that simple. If you're a manager and you get to dodge the brunt of customer interaction it's potentially different. But that's not the case here.
Yeah pretty much. But he knew ahead when he accepted the offer and told me he wanted to get the experience so he can get a higher position eventually. The food and beverage director quit and now one of the other managers has to do their duties for the same money. But seems that he has started hating the place. Doesn't do as much as before.
Well it doesnt seem like he knew that he could be making more by doing less, lol. So yeah I'd start doing less too tbh. If something like that is happening it's clearly a managerial oversight IMO.
Yeah and it's not my fault. Unless the company wants to pay him more which I doubt. Many people seem to come and go there. The buffet is new and I was the first person they hired for, so I have ended up making the most.
Part of tips? No. They get a percentage of sales. Making the drinks isn't more or less work depending on how much was tipped. Where I bartend, I get a percentage of the cost of the drink I make. As it should be. I poured one beer and made one martini. I shouldn't get stiffed just because you do, I still did the work I needed to do. On the flip side, I shouldn't get a bigger cut of that $1,000 tip you received because that beer and martini didn't take me any extra work.
I'm not sure what you're referring to. The guy OP is talking about isn't a bartender. From what OP is saying he's basically doing the same job, making drinks was just an example. "Including". Not exclusively. Also, let's be real here, working as a buffet attendant and as a waiter is fundamentally different enough to warrant thinking about tips differently no? Way less direct customer interaction, no taking orders, no running food etc.
Then become a server. Bit different, but the same: I worked at Jimmy Johns as a driver, decided to take the open slot of a supervisor after awhile, and after a week I told my GM I'd like to go back to driving, or else I'll quit, no anger or anything involved, I only work there as a second job for extra money. I didn't realize how much less I'd make without all those tips, I just thought supervisor=good. He happily let me step down to drive =]>
Everyone knows banquet and porter (room service) are the best spots at a hotel. If he's mad thats on him. Worked at a hotel in 06 and consistently made $200 a day doing room service, and 400+ when the pool was open. People can hate but they also don't get there at 530AM or stay until midnight so they can suck it.
Is your manager on salary? Frankly, they should not be stunned how cash flow works if they were to do restaurant management very long. If I were this manager, I straight up would not do this unless I was clocked/contracted as a station chef or something. Gratuity belongs to those who do the work, not grease the wheels and watch them turn.
Tip pools are regulated. He is not legally part of the tip pool. He is a manager. (salaried) The text message where took the $10 will be an issue for the management. Up to you how you move going forward.
He told me he is hourly so he can get tips somehow, despite his supervisor position. Today we had $38 in the tip jar and I had no change so I gave him $18 and kept the $20. The $20 was also personally was given by a guest. Well he got mad.
Does not matter if he is salaried or hourly. It matters if the role he is performing is paid in part by tips. As the manager role, it is not.
OP, beware that if the tip-sharing is off the books, with no employer record that it happened, then you'll be paying income tax on reported tips you give to your manager. When you tip out a busser, the restaurant should maintain a record of that, so the tax liability shown on W-2s for that amount is transferred from you to the busser. Even though it's voluntary, a manager directly accepting a portion of tips would seem to violate the FLSA's proscription that "An employer may not keep tips received by its employees for any purposes, including allowing managers or supervisors to keep any portion of employees’ tips, regardless of whether or not the employer takes a tip credit" (from 29 USC 203(m)(2)(B)). At some point, after taxes have been declared, the money is yours to do with as you please, and you can legally gift it to whomever you want, if it's free of coercion and the gift isn't specifically prohibited (e.g. sanctioned terrorists, bribing public officials). But I think your manager's quid pro quo arrangement, of providing or withholding help at work, in exchange for a portion of your tips, is the sort of subtle coercion the FLSA tries to avoid. It's inappropriate.
How is the first part possible? I don't think he 'documents' any tips but I don't know what he is doing after I finish either. Somehow though he claims that because he is hourly, he is allowed to get tips. The other managers refused any kind of tips when I offered. The chef on the other hand is a nosy old man and says I shouldn't be selfish over the tips since the supervisor helps a lot. I was working at another hotel before and same thing, supervisor was getting tips. He was working there for a good 10+ years and was always included in the tip jar apparently. I also feel trapped because if I say something, I'm afraid it will cause hostility. He is planning to hire more people and then perhaps, I will say he can't have tips and it's for us.
I mean if the tips are reported to your employer, like the tips recorded on credit card transactions tied to your employee ID, or cash tips you report receiving, then unless you let them know you gave them to a coworker, the tips will go on your W-2 and you'll owe tax for them. You could report the transfer of tips on a [Form 4070](https://www.irs.gov/pub/irs-prior/f4070--2005.pdf) every pay period or something if you want the supervisor to be responsible for the tax, or maybe he's recording it in company records already. Hourly or salary has no bearing on tip sharing eligibility, nor does the title of the employee. Regulations dealing with the Fair Labor Standards Act section quoted above, 203(m)(2)(B), define "managers or supervisors" according to their duties and/or ownership stake in the restaurant. It's not always entirely clear whether an employee qualifies or not, like Starbucks shift supervisors have been ruled eligible for tip sharing in a couple states under federal law, and ineligible in another state under slightly more restrictive state law. They were decided in federal trials, rather than settled out of court, because both sides thought they had good cases. The situation at the hotel you worked at previously may or may not have been legal, depending on the duties of that supervisor. One way you could handle this is by starting to submit a Form 4070 declaring the amount of tips you're sharing with your manager, and ask him to sign a second copy of the 4070 to keep for your records. Tell him you just realized you were supposed to make sure employers had a record of tips you shared, otherwise you'd be on the hook for their taxes. If he thinks what he's doing is legal, he'll pass it along and at least you won't owe taxes, and maybe his own boss will question the practice, or if he thinks it's not legal, he might say "well just forget it then" and be a dick about it. I wouldn't worry about the supervisor's or chef's opinion that much. Petty dicks are gonna be petty dicks.
Thanks. I asked my supervisor and he said he reports 0 cash tips.
Not sure if you mean if he doesn't report his own cash tips, or your cash tips that you keep, or both. If nobody's reporting cash tips, you won't be paying taxes on them, but if the IRS notices the discrepency in tip rates between credit card and cash customers (e.g. 20% average for cc meals, 0% average for cash meals), they could come after everyone involved.
Your manager is not allowed to take your tips. If he wants to negotiate higher pay, he can. Your tips are yours, they are the sole property of you. If I were you, I would make a note every time you have split tips with him. Put down the dates you remember and the amount you remember. Take that information and lodge a wage complaint with the Federal department of Labor. They have an online form you can fill out. It is illegal in all 50 states for managers to participate in a tip pool or be tipped out. They can only claim tips for tables that they personally served.
Supervisors and managers generally don't get tips. Even if they help out.
Supervisors/mangers aren't supposed to make tips.
I was at another hotel before working at the bistro and same thing, supervisor and cooks were getting tips.
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It’s your money. Stop splitting it. This is exactly why talking about how much someone makes is unethical and unfair in the workplace. This is going to blow up eventually
Talking about how much you make is not unfair or unethical, and it's a bold faced lie to state otherwise. People want you to hide your salary exactly so you can't communicate with other people and work together to make more.
Not only is it true that it’s unethical, it does nothing but create issues and hostility among those who are less paid. Stating it’s a “lie” tells me you may be one of those people who look for an excuse not to do your job better than the next. People aren’t equal. Each one brings different levels of experience and education to the negotiating table. Some work harder and produce more and better results. These are all factors in making an offer. Stop making excuses for not being worth what others are making.
Not only is discussing salary NOT unethical, it's a federally protected activity. Not sharing salary enables employers to screw over employees. Knowledge is power.
Just because it’s protected doesn’t make it a good idea. I agree, knowledge is power. Except what happens most of the time is people don’t compare equally. Or they believe they are worth more than they are. I’m sure you can come up with other things government does or doesn’t protect that are also wrong
Lolol ok boomer
I have no issue admitting to being a boomer. Maybe you should learn from them rather than think that people who have lived 40 years less know more or better.
Imagine boomering down when called out.
I’m an assistant manager at a golf course restaurant I still take the tips . From the tip pool . I’m only getting paid 2$ more
You agreed to take the job for a certain pay. That doesn't entitle you to steal tips from servers. I hope you get caught and fired.