QUESTION

Can an employer use the tipout money, paid by the servers for the bussboy, to pay the hourly wage of the bussboy

Asked on Jan 12th, 2019 on Labor and Employment - Texas
More details to this question:
My employer collects a tipout from servers for the bussboy (me) but doesnt give it to me and says they use it to pay my hourly wage
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1 ANSWER

Litigation Attorney serving Weatherford, TX
Partner at ROGERS, LLP
2 Awards
If your employer is paying you at the reduced minimum wage for tipped employees ($2.13 per hour last I checked) then no, your employer cannot reduce or use your tips to pay non-tipped employees such as busboys and kitchen staff.  If your employer is paying you at regular minimum wage ($7.25 per hour) then it depends on your agreement with your employer as to the disposition of those tips. If you feel like your employer is not paying you correctly and it can't be worked out informally, you can complain to the U.S. Department of Labor, Wage & Hour Division.  There is an office in each of the major cities in Texas (DFW is in Arlington).  Good luck.
Answered on Jan 14th, 2019 at 6:37 AM

The forgoing is for general information purposes only and does not constitute legal advice or establish an attorney-client relationship.

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